Section 44. The office of jury commissioner may prepare an application for the issuance of a criminal complaint against any grand or trial juror who has not been removed from delinquency status by the office of jury commissioner within thirty days after the date of a delinquency notice sent to such juror. The application shall aver that the named person was duly selected and summoned to perform trial or grand juror service at a specified location on a specified date and that such person has failed to appear for jury service without justifiable excuse in violation of section forty-two. The information provided in the application shall be based upon the records of the office of jury commissioner. The application shall contain the name, address, and identification number of the juror and a summary of all official transactions between the juror and the office of jury commissioner that have occurred as of the date of the application. At the bottom of the application, there shall be a certificate signed by the legal counsel for the office of jury commissioner declaring that the information provided in the application is true and complete to the best of his knowledge and belief. The application shall contain such further information as deemed appropriate by the jury commissioner with the approval of the jury management advisory committee. The application may be submitted by mail or personal delivery to any superior or district court having criminal jurisdiction over such juror. The juror shall be provided with notice of hearing on any application for criminal complaint. The legal counsel or his delegate shall be authorized to represent the jury commissioner and the office of jury commissioner in all judicial proceedings arising out of any application for the issuance of a criminal complaint under this section or otherwise.

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Terms Used In Massachusetts General Laws ch. 234A sec. 44

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juror: A person who is on the jury.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.