Section 67D. Notwithstanding section 67A, the following procedures shall govern in all criminal and civil superior court jury trials:
(1) In addition to whatever jury voir dire of the jury venire is conducted by the court, the court shall permit, upon the request of any party's attorney or a self-represented party, the party's attorney or self-represented party to conduct an oral examination of the prospective jurors at the discretion of the court.
(2) The court may impose reasonable limitations upon the questions and the time allowed during such examination, including, but not limited to, requiring pre-approval of the questions.
(3) In criminal cases involving multiple defendants, the commonwealth shall be entitled to the same amount of time as that to which all defendants together are entitled.
(4) The court may promulgate rules to implement this section, including, but not limited to, providing consistent policies, practices and procedures relating to the process of jury voir dire.
Notes of Decisions
Cited in
8
cases (
4 in the last 5 years), 2018–2024 · leading case:
Commonwealth v. Dabney, 586 U.S. 846 (2018).
Commonwealth v. Dabney, 586 U.S. 846 (2018).
· cites it 2× “, G. L. c. 234A, § 67D (2) ("The court may impose reasonable limitations upon the questions and the time allowed during such examination, including, but not **849 limited to, requiring pre-approval of the questions").”
Commonwealth v. Colon, 121 N.E.3d 1157 (Mass. 2019).
“See, G. L. c. 234A, § 67D, inserted by St. 2016, c.”
Commonwealth v. Kerr Carrington. (Mass. App. Ct. 2023).
· cites it 2× “G. L. c. 234A, § 67D. The defendant's motion argued that individual racial bias voir dire was required under G.”
Commonwealth v. Leonard (Mass. App. Ct. 2023).
· cites it 2× “4 Attorney-led voir dire in the District Court is governed by the standing order, whereas attorney-led voir dire in the Superior Court is governed by statute, see G. L. c. 234A, § 67D. 5 trial.5 We agree.”
Ross v. Dietrich (Mass. App. Ct. 2024).
“See G. L. c. 234A, § 67D (1) ("In addition to whatever jury voir dire of the jury venire is conducted by the court, the court shall permit, upon the request of any party's attorney or a self-represented party, the party's attorney or self-represented party to conduct an oral…”
Commonwealth v. Arthur E. Salsbury, Jr. (no. 1)., 101 Mass. App. Ct. 102 (Mass. App. Ct. 2022).
“A potential juror could only avoid this issue by qualifying his or her answer, which the juror may well not have felt comfortable doing under the circumstances.”
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