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<section article="gcj" article_name="Courts and Judicial Proceedings" number="8-409" title_number="8" title_name="Juries and Jurors" subtitle_number="4" subtitle_name="Juries">
  <level label="a">
    <text>This section sets forth the exclusive procedure by which a party in a criminal case may challenge a jury on the ground that the jury was not summoned or otherwise selected in compliance with this title.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>Before examination begins in a criminal case or, for good cause shown, after a jury is sworn but before it receives evidence, a party may move to dismiss a charging document or stay the case on the ground of substantial failure to comply with a provision of this title in selecting the grand or trial jury.</text>
    </level>
    <level label="2">
      <text>A motion under this section shall contain a sworn statement of facts that, if true, would constitute a substantial failure to comply with this title.</text>
    </level>
  </level>
  <level label="c">
    <text>On a showing that a party needs access to a record to prepare for a hearing on a motion pending under this section, a trial judge may allow the party to inspect and copy a record as needed to prepare.</text>
  </level>
  <level label="d">
    <text>A movant who files a motion in accordance with this section is entitled to present relevant evidence in support of the motion, including:</text>
    <level label="1">
      <text>The testimony of the jury commissioner; and</text>
    </level>
    <level label="2">
      <text>Relevant records, whether or not public, that the jury commissioner used.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>If a trial judge finds a substantial failure to comply with § 8-102(b) of this title in selecting a grand jury, the judge shall:</text>
      <level label="i">
        <text>Stay the case pending selection of a grand jury in compliance with this title; or</text>
      </level>
      <level label="ii">
        <text>Dismiss the charging document.</text>
      </level>
    </level>
    <level label="2">
      <text>If a trial judge finds a substantial failure to comply with a provision other than § 8-102(b) of this title in selecting a grand jury and finds the failure likely to be prejudicial to the movant, the judge shall:</text>
      <level label="i">
        <text>Stay the case pending selection of a grand jury in compliance with this title; or</text>
      </level>
      <level label="ii">
        <text>Dismiss the charging document.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>If a trial judge finds a substantial failure to comply with § 8-102(b) of this title in selecting a trial jury, the trial judge shall stay the case pending selection of a trial jury in compliance with this title.</text>
    </level>
    <level label="2">
      <text>If a trial judge finds a substantial failure to comply with a provision other than § 8-102(b) of this title in selecting a trial jury and the failure is likely to be prejudicial to the movant, the trial judge shall stay the proceeding pending selection of a trial jury in compliance with this title.</text>
    </level>
  </level>
</section>
