(a) Within 7 days after the moving party discovers, or by the exercise of diligence could have discovered, the grounds therefor, and in any event before the jury is sworn to try the case, a party may move to stay the proceedings, and in a criminal case to dismiss the indictment, or for other appropriate relief, on the ground of substantial failure to comply with this chapter in selecting the grand, petit or special jury.
(b) Upon motion filed under subsection (a) of this section containing a sworn statement of facts which, if true, would constitute a substantial failure to comply with this chapter, the moving party is entitled to present in support of the motion the testimony of the clerk, any relevant records and papers not public or otherwise available used by the clerk, and any other relevant evidence. If the Court determines that in selecting a grand, petit or special jury there has been a substantial failure to comply with this chapter, the Court may stay the proceedings pending the selection of the jury in conformity with this chapter, dismiss an indictment or grant other appropriate relief.
(c) The procedures prescribed by this section are the exclusive means by which a jury may be challenged on the ground that the jury was not selected in conformity with this chapter.
60 Del. Laws, c. 225, § 2; 66 Del. Laws, c. 5, § 1; 77 Del. Laws, c. 171, §§ 3, 4.
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