Jury Selection and Jury Instructions

The complaint is filed and answered, and discovery is complete. You’ve argued all dispositive motions and evidentiary disputes. There are still a couple very important steps before opening arguments can be made.

Jury Selection

Opening statements are made to the jury, so a jury must be seated before you can commence a trial. The jury selection process, also known as “voir dire,” can differ in minor respects from jurisdiction to jurisdiction, but typically follows a common pattern:

• Potential jurors are selected from voter rolls or drivers license lists
• A certain number of potential jurors are notified that they may be called for jury duty during a specific period. Often, the jurors must either call in or receive to call to learn if they need to show up at the court.
• Jurors are typically gathered in a separate room and are called into the court in small groups
• Once in the courtroom, the prospective jurors are individually called to the witness stand, where they may be questioned by the judge, and by attorneys for all parties. The questions are designed to determine whether the jurors can render an impartial decision based on the facts of the case.
• The judge may excuse a potential juror at his or her discretion. Attorneys for each side have two ways to challenge a potential juror—peremptory challenges and challenges for cause. A peremptory challenge allows an attorney to excuse a juror for any reason, but each side has a limited number of peremptory challenges. A challenge for cause must be based on the belief (gathered from the potential juror’s statements) that the juror cannot be impartial. There are no limits on the number of challenges for cause, but the decision is ultimately made by the judge.

Jury Instructions

In the American civil justice system, the judge makes determinations of law and the jury makes determinations of fact. However, juries must apply the law to the facts when rendering a verdict. Because the jury cannot be expected to know the law, they are given instructions, which essentially tell them what legal conclusions they must make based on their determination of facts. Typically, the judge will ask attorneys for both sides to prepare prospective jury instructions and will rule on what directives are ultimately given to the jury. Some judges prefer to wait to rule on jury instructions until it’s clear that the case will go to the jury. Others complete this as part of the pre-trial process.

Contact Us Now

Don’t run the risk that evidence will be lost— contact us online or call our office today at 856-667-4666 / 856-600-HURT to schedule an appointment. Your first consultation is free. We are available evenings and weekends upon request. We’ll also travel to your home or the hospital, if necessary.

We handle all product liability claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.

Evidentiary and Dispositive Motions

In this series, we’re looking at the timeline for a personal injury lawsuit, so that you know what to expect and can work more effectively with counsel.

So, you’ve filed your complaint and the defendants have all answered in a timely manner. Settlement efforts were unsuccessful, so you conducted depositions, obtained copies of all relevant documents, examined any physical evidence and submitted and responded to all interrogatories. There’s still much that needs to be done before you’re ready to go to trial.

It’s important to understand that court dockets are full, trials can be time consuming, and judges have a vested interest in streamlining the process, should a case actually go before a jury. With that objective in mind, the next phase of a personal injury lawsuit involves proceedings in court designed to either eliminate the need for a trial, pare down the issues that need to be addressed at trial, or resolve issues that are best taken care of outside of the hearing of the jury. This is done through the use of two types of motions—dispositive motions and evidentiary motions.

Dispositive Motions

The purpose of a dispositive motion is to either resolve a claim or eliminate the need to resolve an issue. Dispositive motions may be filed by either party. An injured party may contend that, based on all the evidence gathered during the discovery process, the defendant has asserted no valid defense, and the plaintiff should be granted relief without the need for a trial. A defendant, on the other hand, may allege that the injured party has not produced evidence to support one or all of the claims made in the complaint.

Evidentiary Motions

During the discovery process, the rules of evidence are somewhat more lax than they are at trial. Evidence that would be inadmissible at trial—perhaps as opinion or hearsay—may be allowed during a deposition. If there’s a dispute as to the admissibility of any evidence obtained during discovery, those disputes are best resolved outside the earshot of the jury. Accordingly, any evidence objected to during discovery can be reviewed by the court before trial and ruled admissible or inadmissible. If the court concludes that certain evidence is not appropriate and a party introduces it anyway, it can be the basis for contempt of court and a potential mistrial.

Contact the Law Offices of David J. Karbasian, PC

Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment.

We handle all personal injury claims on a contingent fee basis. We won’t charge any attorney fees unless we recover compensation for your losses.

Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.