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Jury Selection

Before a jury trial commences, a panel of jurors must be selected. Although some types of trials require twelve-person juries, most civil matters can be heard by six-person juries. The jury selection process is known as voir dire.Footnote In most jurisdictions, attorneys for the plaintiff and the defendant ask prospective jurors oral questions to determine whether they are biased or have any connection with a party to the action or with a prospective witness. In some jurisdictions, the judge may do all or part of the questioning based on written questions submitted by counsel for the parties. During voir dire, a party may challenge a certain number of prospective jurors peremptorilythat is, ask that an individual not be sworn in as a juror without providing any reason. Alternatively, a party may challenge a prospective juror for causethat is, provide a reason why an individual should not be sworn in as a juror. If the judge grants the challenge, the individual is asked to step down. A prospective juror, however, may not be excluded by the use of discriminatory challenges, such as those based on racial criteria or gender. See Concept Summary 3.1 for a review of pretrial procedures. Concept Summary 3.1 Pretrial Procedures The Pleadings The Pleadings The plaintiffs complaintThe plaintiffs statement of the cause of action and the parties involved, filed with the court by the plaintiffs attorney. After the filing, the defendant is notified of the suit through service of process. The defendants responseThe defendants response to the plaintiffs complaint may take the form of an answer, in which the defendant admits or denies the plaintiffs allegations. The defendant may also raise an affirmative defense and/or assert a counterclaim. Pretrial Motions Motion to dismissSee Exhibit 34. Motion for judgment on the pleadingsMay be made by either party and will be granted only if no facts are in dispute and only questions of law are at issue. Motion for summary judgmentSee Exhibit 34. Discovery The process of gathering evidence concerning the case, which may involve the following: Depositions (sworn testimony by either party or any witness). Interrogatories (in which parties to the action write answers to questions with the aid of their attorneys). Requests for admissions, documents, examinations, or other information relating to the case. Requests for electronically recorded information, such as e-mail, text messages, voice mail, and other data. Pretrial Conference A pretrial hearing, at the request of either party or the court, to identify the matters in dispute after discovery has taken place and to explore the possibility of settling the dispute without a trial. If no settlement is possible, the parties plan the course of the trial. Jury Selection Jury Selection In a jury trial, the selection of members of the jury from a pool of prospective jurors. During a process known as voir dire, the attorneys for both sides may challenge prospective jurors either for cause or peremptorily (for no cause).