Jury Trials

Question 1

Right to a Jury Trial

Answer 1

There is a right to trial by jury in all cases with some exceptions:

1. Cases where no individual petitioner’s cause exceeds $10,000
2. Suits on promissory notes, unless forgery, fraud, error, or failure of consideration is claimed
3. Some family law incidental proceedings such as custody and visitation
4. Suits against certain govt entities such as cities/municipalities

Question 2

Requesting a Jury

Answer 2

Must be made within 10 days of the filing of the pleadings that raise an issue triable by jury.

Only on particular issues and, if so, the other party or parties can designate any other issues triable by jury.

Question 3

Peremptory Challenges

Answer 3

Jury of 12: Each side has 6 peremptory challenges and up to 4 additional challenges if multiple parties.

Jury of 6: Each side has 3 peremptory challenges and up to 2 additional challenges if multiple parties.

No party may challenge peremptorily after the entire jury has been accepted and sworn

Question 4

For Cause Challenges

Answer 4

A juror may be challenged for cause based on the following:

1. When a juror lacks legal qualification
2. When a juror has formed an opinion in the case and is not otherwise impartial ***
3. When relations between the juror and any party or his attorney would influence the juror
4. When the juror served on a previous jury, which tried the same case or one arising out of the same facts
5. When the juror refuses to answer a question on the voir dire examination on the ground that his answer might tend to incriminate him.

Challenges for cause may be exercised up to the taking of evidence

Question 5

Jury Size

Answer 5

Usually composed of 12 jurors - 9 needed for a verdict

If composed of 6 jurors - 5 needed for a verdict

Question 6

Directed Verdicts

Answer 6

Directed verdicts may be made by motion at the close of the other side’s case.

Standard for granting: The facts & inferences are so overwhelmingly in favor of the moving party that reasonable persons could not reach a contrary verdict

Question 7

Judgment Notwithstanding the Verdict (JNOV)

Answer 7

A motion for a JNOV must be filed within 7 days, exclusive of holidays after the clerk has mailed or the sheriff has served the notice of judgment.

NO VERDICT = Must be filed within 7 days exclusive of legal holidays, after the jury was discharged.

Standard for Granting: After considering all the evidence in the light most favorable to the non-moving party, if the facts and inferences are so strongly in favor of one party that reasonable persons could not reach a different conclusion, the motion should be granted.

Question 8

Remittitur & Additur

Answer 8

A motion for remittitur or additur may be granted as an alternative to a new trial when there is consent of the plaintiff or the defendant.

Question 9

Special Verdicts

Answer 9

In cases to recover damages for injury, death, or loss, the court must, upon a party’s request, submit written questions inquiring as to:

• Defendant is at fault
• Legal cause
• Fault in %
• Same as to Non Parties
• Same as to parties Claiming Damages
• Total Damages in $$