Civ Pro-Jury Trials

Question 1

Right to Jury Trial (7A)

Answer 1

There is a 7A right to jury trial for all federal trials*
* No right to jury trial for actions based in equity (e.g., injunction, etc.), only those based in law
Can be waived by the parties

Question 2

Requirements of Jury Trial

Answer 2

At least 6 jurors (i.e., no requirement of 12); unless parties stipulate to fewer)
Verdict must be unanimous (unless parties stipulate otherwise)

Question 3

Demand for Jury Trial

Answer 3

W/in 14 days after service of the last pleading

Question 4

Mixed cases of law & equity

Answer 4

For mixed cases of both law and equity, try legal claims first to the jury and then equitable claims to the judge

Question 5

Withdrawing demand for jury trial

Answer 5

Yes, if all parties consent

Question 6

Jury Trials in State Ct’s

Answer 6

No right to a jury in State trials
# of jurors varies by State
Verdict does NOT need to be unanimous

Question 7

Judge’s Role in a Bench Trial (i.e., no jury/waived right)

Answer 7

Judge:
Acts as Finder of Fact
States Findings & Conclusions
Mini-trial to dispose of the case

Question 8

Jury Selection/Strikes

Answer 8

2 ways to dismiss a juror: (1) for cause: any bias or connection to the case = juror must be dismissed; no limit on # of for cause dismissals. (2) peremptory challenges (each party has 3): can use to excuse juror for ANY* reason (*cannot be for race/gender)

Question 9

Balanced Jury Pool (i.e., “Fair Cross-section” in Crim trials)

Answer 9

7A requires jurors come from a representative of the overall community

Question 10

Objecting to Jury Instructions

Answer 10

Party must object to any jury instruction given BEFORE the jury retires to deliberate (or waived for appeal)

Question 11

Jury Deliberation/Juror Misconduct

Answer 11

Juror may take papers, exhibits, and notes into the deliberation room, but nothing that was not introduced into evidence
Juror not allowed to do experiments or private study of documents outside the jury room
Juror cannot talk to non-jurors (incl. judges and lawyers) about the trial
Juror misconduct = potential new trial*
* Prejudicial information/juror misconduct is only a problem when it comes from the OUTSIDE

Question 12

Post-trial Discovery of Juror Bias

Answer 12

Juror failed to disclose bias during jury selection = a new trial could be ordered if:
(1) the juror failed to answer honestly about a material question; AND
(2) a correct answer would have led to a valid challenge