Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 4526 (2026)

Challenging compliance with selection procedures.

✓ current as of May 2026

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§ 4526. Challenging compliance with selection procedures.

(a) Challenge to array.--Within ten days after publication of the array a party to a matter on a then published list of cases scheduled for jury trial may petition the court to stay the proceedings in the case where he is a party and to select a new jury array, or for other appropriate relief, on the ground of failure to substantially comply with this subchapter.

(b) Hearing on petition.--At the hearing on the petition filed under subsection (a), the moving party is entitled to present in support of the petition the testimony of the jury commissioners or their clerks, any relevant records and papers not public or otherwise available used by the jury commissioners or their clerks and any other relevant evidence. If the court determines that in selecting persons to fill the array the commissioners have failed to substantially comply with this subchapter, the court shall stay the proceedings requiring the service of jurors pending the selection of a new array in conformity with this subchapter or may grant other appropriate relief.

(c) Exclusive remedy.--Unless and until suspended or superseded by general rules, the procedures prescribed by this section are the exclusive means by which a person accused of a crime, the Commonwealth or a party in a civil case may challenge an array of jurors on the ground that the array was not selected in conformity with this subchapter.

(d) Records.--The contents of any records or papers used by the jury commissioners or their clerks in connection with the selection process and not made public under this subchapter shall not be disclosed (except in connection with the preparation or presentation of a petition filed under subsection (a)) until after the list of qualified jurors or jury wheel has been emptied and refilled and all persons selected to serve as jurors before the list of qualified jurors or jury wheel was emptied have been discharged.

(e) Challenge to panel of jurors.--A jury panel for the trial of any case may be challenged only on the grounds that it was not selected at random from the array. Such challenge must be made by a party immediately after the panel of jurors has been selected by the administrative staff of the court and before interrogation of jurors commences.

(f) Other challenges.--Nothing in this subchapter shall affect the existing practice with respect to peremptory challenges and challenges for cause.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1999–2021 · leading case: Salameh v. Spossey, 731 A.2d 649 (Pa. Commw. Ct. 1999).

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Salameh v. Spossey, 731 A.2d 649 (Pa. Commw. Ct. 1999). “42 Pa.C.S. § 4526. In this case, Salameh timely filed a petition to challenge the jury array which was denied by the trial court after a hearing on the petition.”

Escalante, L. v. State Farm Mut. Auto. (Pa. Super. Ct. 2021). “§§ 4521-4527, addresses the technical requirements for the identification and summoning of jurors to appear for jury duty[,]” and 42 Pa.C.S. § 4526(f) states that, “[n]othing in this subchapter shall affect the existing practice with respect to peremptory challenges and…”

— 42 Pa. Cons. Stat. § 4526(f) — 1 case

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