Jury Trial

Question 1

Right to Jury Trial

Answer 1

The 7th Amendment preserves the right to jury trial in civil actions at law, but not in suits at equity. A party must demand the jury in writing no later than 14 days after service of the last pleading directed to the jury-eligible issues. Failure to do so will result in waiver of the right.

Question 2

Voir Dire

Answer 2

Voir dire is the jury selection process allowing each party to strike potential jurors. A juror may be challenged “for cause.” Parties have unlimited “for cause” challenges. A party also has three peremptory challenges which allows a juror to be stricken without any basis, except for race and gender discrimination.

Question 3

Jury Instructions

Answer 3

Prior to final arguments and instruction, and on the record, the court informs the parties of (1) what instructions it will give and (2) what proposed jury instructions it rejected. The parties must be allowed to object on the record and out the jury’s presence. If objections are not made before the jury is given the instructions, the objection is waived.