JURY Flashcards
which of the following is NOT a basis for which a juror must be excused pursuant to a challenge for cause:
a. when juror has formed an opinion in the case or is not otherwise impartial
b. when juror refuses to answer a question on the ground his answer may incriminate him
c. when juror served on previous jury which tried a case containing similar issues
d. when the juror is closely related to one of the parties such that it must be reasonably believed that the relationship would influence
c. when juror served on previous jurty which tried a case containing similar issues
improper jury behavior is reported, you want to file motion for new trial. what is time delay and what must you file with motion?
must file within 7 days, excluding holidays, from mailing or service of notice of signing of judgment. must state grounds for new trial request which include the peremptory grounds of :
1. verdict contrary to law and evidence
2. discovery of new evidence
3. juror has been bribed or compromised
must include verified affidavit of facts on which the motion is based or you may urge motion on discretionary grounds which allows the grant of anew trial in any case if there is good grounds for it
defendant makes then withdraws request for trial by jury 9 months after request. May plaintiff now file a request for trial by jury despite the fact she had not requested in original petition. if so, what deadlines.
yes, plaintiff may request jury trial within 10 days of granting of defendants mortion to withdraw jury demand.
if a witness can’t be located for testimony, but your client wants to continue with set trial date, what do you do
you can prevent a continuance on this ground by requiring the plaintiff to disclose under oath the expected testimony of the absent witness and if defendant admits witness would so testify, case will proceed to trial on current tiral date
which of the following is NOT a reason that a court would be required to deny the consolidation of two actions for trial?
a. it would cause jury confusion
b. it would lengthen the time required for trial
c. it would give one party undue advantage
d. it would prevent fair trial
b. it would lengthen the time required for trial
you review damages judgement, but when rec’d a copy, notice error that reduces value of judgment. what can you do?
file a motion to amend judgment, which can be amended by trial court at any time to correct errors of calculation.
personal injury action, you already obtained independent medical examination. however you think it would help clients position to have plaintiff examined by vocational expert. is there any procedure to help you?
yes, you may file a request for physical examination which allows you to compel the physical examination of any party when physical or mental condition of party is at issue. such exams may be conducted by vocational rehab expert. plaintiff would be entitled to the subsequent report if requested, and if requested, he also has to turn over his own report prepared by his expert to defendant.
you answered interrogatories. two weeks before trial you learn of new witness. you don’t plan to call at trial, what responsibility do you have to divulge identity
Must divulge. you have no duty to supplement discovery responses which were complete when made. there is one exception: there is a duty to supplement regarding, as here, identity of a new witness with knowledge of discoverable matters. Therefore must divulge.
