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§ 196.Jury commissioner or court inquiries

Title 3. Persons Specially Invested With Powers of a Judicial Nature · Chapter 1. Trial Jury Selection and Management Act · Last amended 2003 · Last verified July 28, 2026

In one sentenceSection 196 lets the jury commissioner or the court inquire into a prospective juror’s qualifications, administer oaths in doing so, and treat a non-response either as grounds to summon the person for an answer or as a basis to deem the person qualified.

Full Text of § 196

Text sizeJump to: (a) (b) (c)

(a) The jury commissioner or the court shall inquire as to the qualifications of persons on the master list or source list who are or may be summoned for jury service. The commissioner or the court may require any person to answer, under oath, orally or in written form, all questions as may be addressed to that person, regarding the person’s qualifications and ability to serve as a prospective trial juror. The commissioner and his or her assistants shall have power to administer oaths and shall be allowed actual traveling expenses incurred in the performance of their duties.
(b) Response to the jury commissioner or the court concerning an inquiry or summons may be made by any person having knowledge that the prospective juror is unable to respond to such inquiry or summons.
(c) Any person who fails to respond to jury commissioner or court inquiry as instructed, may be summoned to appear before the jury commissioner or the court to answer the inquiry, or may be deemed to be qualified for jury service in the absence of a response to the inquiry. Any information thus acquired by the court or jury commissioner shall be noted in jury commissioner or court records.

Plain-English Summary

Section 196 gives the jury commissioner a tool for chasing down unanswered questions about a prospective juror’s eligibility. The commissioner and assistants can administer oaths while making these inquiries and are entitled to actual travel expenses for the work.

The section also builds in flexibility for who can answer. A response to an inquiry or summons can come from anyone with knowledge that the prospective juror cannot respond personally. And if nobody responds at all, the commissioner or court has two paths: summon the person to appear and answer, or treat the person as qualified for service in the absence of any response. Whatever information turns up gets noted in the commissioner’s or court’s records.

Official Comment

The following official comments are published by the California Law Revision Commission (and, for a few older sections, its predecessor Code Commissioners) alongside the statute itself — not commentary from this site.

2003 Law Revision Commission Comment. Subdivision (a) of Section 196 is amended to reflect enactment of the Trial Court Funding Act. See Gov’t Code §§ 77003 (“court operations” defined), 77200 (state funding of trial court operations). Cf. Cal. R. Ct. 810(d), Function 2 (jury services). Subdivision (a) is also amended to reflect enactment of Government Code Section 69505 (business–related travel expenses of trial court judges and employees).

Frequently Asked Questions

Who can answer a jury commissioner’s inquiry about a prospective juror?

Section 196 allows any person with knowledge that the prospective juror cannot respond to the inquiry or summons to answer on their behalf.

What happens if a prospective juror never responds to an inquiry?

The person may be summoned to appear and answer, or may be deemed qualified for jury service in the absence of a response.

Can the jury commissioner administer oaths?

Yes. Section 196 gives the jury commissioner and his or her assistants the power to administer oaths in connection with these inquiries.

Amendment History

Added Stats 1988 ch 1245 § 2. Amended Stats 2003 ch 149 § 6 (SB 79).

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
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