Jury Trials

Question 1

What is the source of the right to a jury trial in civil cases?

Answer 1

Seventh Amendment.

Question 2

What limits are on the right to a jury trial?

Answer 2

Equitable actions are not triable by a jury as a matter of right. The court will consider:

1. whether the claim more closely resembles actions in law or in equity, and
2. whether the remedy sought is legal or equitable in nature.

Question 3

How does a party demand a jury trial?

Answer 3

Any party can exercise the right by filing with the court and serving on the other parties a written demand for a jury trial.

It must be made within 14 days after the service of the last pleading directed to the triable issue. Otherwise, it is waived.

If a party has properly and timely demanded a jury trial, then the case is removed to federal court that party does not need to renew the demand. If there is no need for express demand at state law, then a new demand is not needed unless court orders so. Otherwise, a party needs to make a demand within 14 days of a notice of removal.

Question 4

How is a jury selected?

Answer 4

A jury must have between 6 and 12 jurors.

A petit jury is selected by the voir dire process. There are three categories of challenges for cause:

1. general disqualifications;
2. implied bias; and
3. actual bias.

There are peremptory challenges that may be exercised without having a stated reason. However, if there is an inference of racial or gender discrimination in their exercise, then the attorney must provide a nondiscriminatory explanation.

Question 5

What are jury instructions?

Answer 5

At the close of evidence or at any earlier reasonable time that the court orders, a party may file and furnish to every other party written requests for the jury instructions it wants the court to give.

After the close of evidence, a party may:

1. file requests for instructions on issues that could not reasonably have been anticipated by an earlier time that the court set for requests; and
2. with the court’s permission, file untimely requests for instructions on any issue.

For the instructions, the court:

1. must inform the parties of its proposed instructions and proposed action on the requests before instructing the jury and before final jury arguments;
2. must give the parties an opportunity to object on the record and out of the jury’s hearing before the instructions and arguments are delivered; and
3. may instruct the jury at any time before the jury is discharged.

For objections, they must be on the record. It is timely if:

1. a party objects at the earliest opportunity as provided under FRCP 51(b)(2); or
2. a party was not informed of an instruction or action on a request before that opportunity to object, and the party objects promptly after learning that the instruction or request will be or has been given or refused.

Question 6

What is assigning error?

Answer 6

A party may assign as error:

1. an error in an instruction actually given, if that party properly objected; or
2. a failure to give an instruction, if that party properly requested it and unless the rejected the request in a definitive ruling on the record also properly rejected.