Massachusetts General Laws
Mass. Gen. Laws ch. 234A, § 73 (2026)
Challenge of array
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 73. A party may challenge the composition of the juror pool by a motion for appropriate relief. This challenge shall be made and decided before any individual juror is examined, unless the court orders otherwise. The challenge shall be in writing, supported by affidavit, and shall specify the facts and demographic data constituting the ground of the challenge. The challenge shall be tried by the court and may, within the discretion of the court, be decided on the basis of the affidavits filed with the challenge. Upon the trial of such a challenge, witnesses may be examined on oath by the court and may be so examined by either party. If the challenge is sustained, the court shall discharge the entire juror pool.
Notes of Decisions
Cited in 2
cases, 1994–1995 · leading case: Commonwealth v. Gaskins, 647 N.E.2d 429 (Mass. 1995).
Commonwealth v. Gaskins, 647 N.E.2d 429 (Mass. 1995). “The defendant, who is African-American as was the victim, has not demonstrated on this record that he was denied the effective assistance of counsel, in the constitutional sense, because defense counsel did not challenge the composition of the juror pool, pursuant to G. L. c.…”
Commonwealth v. Ford, 626 N.E.2d 1 (Mass. App. Ct. 1994). “9 A written motion attacking jury selection was presented on the day after impanelment and thus appears untimely (see G. L. c. 234A, § 73; Mass.R.Crim.P. 20[a], 378 Mass.”
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