20. Jury Selection (Rule 47/48)

Question 1

What is the first procedure for jury selection (Rule 48)?

Answer 1

Venire

• Choose reasonable cross-section of community
• Ask potential jurors to appear in court

Question 2

What is the second procedure for jury selection (Rule 48)?

Answer 2

Voir Dire

• Give questionnaire/Ask questions directly to jurors
• Determine bias jurors

Question 3

How may jurors be dismissed under Rule 47?

Answer 3

For cause (bias)

• Expressly
• Impliedly (Financially dependent on parties)

Peremptory

• Any cause
• NOT gender/race

Question 4

How many jurors are required at trial (Rule 48)?

Answer 4

Federal court

- 6-12 jurors (exact number to be decided by district rules/judge)

Question 5

What happens if there are less than the required number of jurors at trial?

Answer 5

Hung jury => Must have retrial

Question 6

What is required to excuse a juror for cause?

Answer 6

Lack of impartiality

Financial interest in party (large/small)

Question 7

How many attempts can be made to excuse jurors?

Answer 7

For cause
- Unlimited

Peremptory challenge

• Max. 3 attempts
• Each of multiple excusing parties gets 1 attempt
• Multiple non-excusing Ps/Ds treated as single party

Question 8

What is required to excuse a juror by peremptory challenge?

Answer 8

1) Any cause

2) NOT gender/race related
- Burden on excusing party => Burden on non-excusing party (preponderance of evidence required)

Question 9

What can party do if other party makes pattern of peremptory challenges concerning gender/race?

Answer 9

1) Non-excusing party objects to challenges

2) Excusing party must meet burden of proof
- Challenge not concerning gender/race

3) Non-excusing party must meet burden of proof
- Challenge concerning gender/race
- By preponderance of evidence