Jury selection Flashcards
Number of jurors
Under the federal rules, a jury must initially have at least six and no more than 12 members.
Issues regarding the size of the jury in federal district court are determined under federal law rather than state law, even though the court’s jurisdiction is based on diversity.
Peremptory challenges
Each party in a civil case is entitled to three peremptory challenges.
As long as these challenges are not exercised for a constitutionally impermissible reason—i.e., race or gender—there is no restriction on their exercise.
Peremptory challenges: reasoning
An attorney does not need to articulate a reason for exercising a peremptory challenge unless called upon by the court to do so—e.g., upon proper objection of an opposing party.
Excusing jurors
An individual who has been selected to serve as a juror must participate in the verdict unless excused for good cause, such as illness, family emergency, or misconduct.
- The court may dismiss a juror even after deliberations have begun so long as the juror is dismissed for good cause.
- The federal rules do not authorize the dismissal of jurors to arrive at a specific number of jurors.
- The federal rules do not require a judge to consult with the parties or seek their approval prior to excusing a juror for good cause.
Peremptory challenges: multiple parties
Several defendants or several plaintiffs may be considered as a single party for the purpose of making such challenges.
Or, the court may allow additional peremptory challenges and permit them to be exercised separately or jointly.
Voir dire by the court
A judge may conduct voir dire without permitting the parties or their attorneys to directly examine the prospective jurors.
If the court examines the prospective jurors, then it must:
- permit the parties or their attorneys to make any further inquiry it considers proper, or
- it must itself ask any of their additional questions that it considers proper.
