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Judge Simon: Jury Selection in Civil Cases

Civil jury trials normally have eight jurors. Depending upon the complexity of the trial, anywhere from 15 to 22 prospective jurors will be called to the trial. The parties will be given a random list of the prospective jurors' names. The parties will also be given copies of the questionnaire that prospective jurors fill out when they arrive in court. The Clerk will collect the copies of the questionnaire back from you after the jury is selected.

The Clerk will call 14 names at random and those people will be placed in the jury box. To begin with, Judge Simon will ask all the questions of the potential jurors. After the Court completes its questioning, the parties will be given approximately 20 minutes to conduct their own voir dire. The parties are admonished that the purpose of this is to elicit information from the prospective jurors. This is not the time to argue your case. If either side attempts to do so, the Court will immediately intercede and cut off any further questioning.

Challenges for cause will be done first. If a juror is challenged for cause that person will be replaced at random from the venire. After challenges for cause have been completed and there are 14 potential jurors seated in the jury box, the Court will then accept peremptory challenges. Each side is given three challenges. They are exercised simultaneously by writing on a slip of paper the juror's name and seat number to be challenged. If both sides challenge the same juror, that strike counts against both parties. Ordinarily, eight people will be selected for the jury and there will be no alternates. If both sides strike the same person, and nine people are left in the jury box, the jury will consist of the first eight people seated in the jury box.