Trials

Question 1

Do parties in civil action possess a right to a jury trial?

Answer 1

Yes, if they had this right in 1845 they have it now.

Question 2

Is trial by jury available in equity cases (like probate)?

Answer 2

No, this right did not exist before 1845.

Question 3

How do you get a jury trial?

Answer 3

Written demand no later than 10 days after service of last pleading.

Question 4

What happens if you do not serve a demand for a jury trial?

Answer 4

The right is waived.

Question 5

How many jurors are constitutionally required to render a verdict in a civil trial?

Answer 5

6

Question 6

How many jurors are required in Florida for an eminent domain case?

Answer 6

12

Question 7

Does the verdict in a jury trial need to be unanimous?

Answer 7

Yes, unless the parties stipulate otherwise.

Question 8

What is the process of challenging jurors?

Answer 8

Voir dire

Question 9

What happens in Voir dire?

Answer 9

Parties are allowed to orally examine prospective jurors.

Question 10

What are the three for-cause challenges to jurors?

Answer 10

1). General Grounds like Being a relative within the 3rd degree to the P or D , attorney of any party, being a possible defendant in the same case 2). Prior jury service: same court this year 3). Insufficient understanding: can’t read and write/retarded

Question 11

What are peremptory challenges and how many do you get?

Answer 11

You get three of these and this is the ability to kick off three people just because. (You also get 3 per person, which means if there are two defendants they get 6 and then the P gets 6 also because it has to be equal)

Question 12

What is the American Rule when it comes to attorney’s fees?

Answer 12

Florida applies the American Rule, which means each party usually pays its own attorney’s fees unless a contract or statute allows a court to award them otherwise.