Jury Selection

 

The first step in a civil or criminal jury trial is the selection from the jury panel of the number of jurors required to try the case. Rocky River Municipal Court juries are composed of eight (8) persons and one (1) alternate.

 

After the judge briefly explains the general nature of the case to be tried and introduces the lawyers and parties, the panel of prospective jurors is questioned in a process called voir dire -- French for "to speak the truth" -- to determine if any juror has a personal interest in the case or a prejudice or bias that may wrongly influence his or her role as a juror. The attorneys may ask the court to excuse some jurors from the trial. These requests for excuses are called "challenges." There are an unlimited number of challenges for cause, where a specific legal reason is given, and a limited number of peremptory challenges, where no reason is given. The system of challenges is designed to allow lawyers to do their best to assure that their clients will have a fair trial.

 

For instance, anyone who is related to any of the parties, has unfinished business with one of the lawyers, or knows so much about the case that he or she already has an opinion, may be challenged for cause and excused. On the other hand, a lawyer may learn that a prospective juror has had some experience, such as a similar lawsuit, or a social or business connection with one party, which, although not a legal ground for challenge for cause, may still be a good reason for excusing the juror. This would be a peremptory challenge. A juror should not take offense if excused from serving on a particular jury. The lawyer is not suggesting the juror lacks ability, honesty, or judgment, but is only using a legal right. When all challenges are used, the remaining jurors are sworn to try the case upon the merits.

 

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