Jury Trials

Question 1

If a verdict is not unanimous then what actions can the court take?

Answer 1

A court must on a party’s request, or may on its own initiative, poll the jurors individually after a verdict is returned but before the jury is discharged. If the poll reveals that the verdict is not unanimous, the court can direct the jury to deliberate further or order a new trial.

Question 2

When may a court instruct the jury, and when must the court inform the parties of the proposed insructions?

Answer 2

A court (1) may instruct the jury at any time before the jury is discharged,

(2) must inform the parties of its proposed instructions BEFORE instructing the jury and BEFORE closing arguments,

(3) must allow the parties to object on the record and outside the presence of the jury before the instructions and closing arguments are delivered