M. Jury Trial

Question 1

What is required for proceeding to trial?*

Answer 1

1) File Note of Issue + Certificate of Readiness w/ Clerk
- Confirms complete discovery

2) Pay required fee
3) Serve docs to ALL parties

4) Demand for jury trial
- If NO demand made => May serve demand upon Party + file demand in relevant office within 15 days after Note of Issue served
- OTHERWISE demand waived by ALL parties

Question 2

What type of issues may jury trial be used for?

Answer 2

1) Issues of fact
2) Causes of action for money

UNLESS jury trial is waived

Question 3

How many jurors are required in Jury for civil cases?*

Answer 3

6 jurors are required

- Additional 2 or more alternate jurors may be required (depends on case)

Question 4

How many jurors are required in verdict for civil cases?*

Answer 4

At least 5/6th of Jury

NOT unanimous

Question 5

How may Party challenge Jurors?*

Answer 5

Peremptory Challenge

• NO reason required
• NO exclusion based on discriminatory reasons allowed
• Limited attempts allowed

Challenge for Cause

• Exclusion based on impartiality (Party’s employee to action/Party’s SH)
• NO limited attempts