1.10 INSTRUCTIONS TO JURORS BEFORE VOIR DIRE
General Directions Regarding Use of These Instructions
1. Welcome and Explanation of Nature of Case
2. Duty of Citizens to Serve as Jurors
3. Excusing Jurors for Personal Reasons Based on Length of Trial
4. Number of Jurors to be Selected and Procedure for taking Position in Jury Box (11/98)
5. Counsel's Right to Peremptory Challenges
6. Introduction of Parties, Counsel and Potential Witnesses
7. Identification of Potential Witnesses
8. Particularized Questions
9. Excusing the Balancing of the Jury after Selection is Complete
1.10 INSTRUCTIONS TO JURORS FOR VOIR DIRE (11/98)
General Directions Regarding Use Of These Instructions
[The following outline with suggested jury instructions is offered as assistance to judges in organizing their communications with juries. The Committee recommends that the judge tailor these instructions to the particular case being tried. In the circumstances presented, some of these suggested instructions should be altered, some should be eliminated. In addition, the format or the order in which these instructions are given to the jury should be the subject of the judge's option or discretion in each individual case.]
1. Welcome and Explanation of Nature of Case
Good Morning (or Good Afternoon), members of the jury. My name is Judge ( ). We are about to select a jury for the trial of a civil case.
[Explain the nature of the case. For example:
It arises out of an automobile accident that occurred on Route #1, here in Middlesex County, on ( date ). The plaintiff brings this suit contending that the accident was caused by the negligence or fault of the driver of the other vehicle. She sues to recover money damages for the injuries she says she sustained in the accident. Her husband is also a plaintiff and he sues
for money damages to compensate him for his losses. The defendant in the case denies that he caused this accident. The jury will be asked to decide fault for the accident and, if the plaintiffs are entitled to an award of damages. The jury will also be asked to decide on the appropriate amount.]
2. Duty of Citizens to Serve As Jurors
I recognize that serving as a juror is inconvenient, but jury service is an important duty of citizenship. Having jurors available to decide the facts in lawsuits is fundamental to our entire system of justice. The courts cannot function without members of the public offering their time to serve as jurors.
3. Excusing Jurors For Personal Reasons Based on Length Of Trial
The trial of this case may take approximately _____ days. [Explain effect of weekends, court holidays or Motion days, if applicable.] Therefore we expect that the trial will end on (state specific day and date).
If you are selected, tell me if that schedule creates a substantial personal problem for you. If I am satisfied that it does, I will excuse you from service on the jury in this case.
4. Number Of Jurors To Be Selected And Procedure For Taking Position In Jury Box (11/98)
We are going to select 6 jurors (7, 8 or more)* for the trial of this case. The Court Clerk will call the names and numbers. Please respond by saying "Here" and come forward. The (Sheriff's officer/court aide) will then seat you in the jury box. [Have clerk select six, seven, eight or more jurors.]
*R. 1:8-2 provides for the number of jurors.
5. Counsel's Right To Peremptory Challenges
After I have asked you a number of questions which relate to your ability to hear and decide this case with an open mind and with complete impartiality, the attorneys who represent the parties in this lawsuit can exercise the right to excuse one or more of the jurors without giving any explanation or reason. If you are excused in that manner, please do not take it personally. No offense is intended. The law traditionally gives each attorney the right to have a limited number of jurors excused for no expressed reason.
6. Introduction Of Parties, Counsel and Potential Witnesses
The parties to this lawsuit are as follows: [Give the full name and
municipality of residence of each party. If the parties are present in the courtroom, the Court may, in its discretion, ask the party to stand so that the jury can identify him or her.]
The attorneys who represent the parties are: [Give the full name of each attorney and the law firm for which he or she appears. The Court should consider asking each attorney to rise upon introduction by the Court. The Court might consider the option of asking each attorney to introduce himself or herself and the party represented in lieu of the Court performing the introduction.]
Do any of you jurors know any of the parties to this lawsuit or do you know anyone you believe to be related to or acquainted with any party to the lawsuit? [If an affirmative answer, ask the juror to explain.] Do any of you jurors know any attorney involved in this lawsuit or any member of the firm for which the attorney appears? Have you or anyone close to you ever been represented by any of the law firms whose name I have just given you? [If an affirmative answer, ask the juror to explain.]
7. Identification Of Potential Witnesses
I will now identify for you all persons who are potential witnesses in this trial. [Give name and address or some identification of each potential witness.]
Because knowing one of the potential witnesses might influence your independent and impartial judgment of the facts of this case, I need to know if you recognize any of the names I just read. Do you know any of the potential witnesses in this trial? [If an affirmative answer, ask the juror to explain.]
8. Particularized Questions
[At this point, the Court should question the jurors about all subjects that might influence their impartiality. The nature of those questions will depend upon the nature and the specific facts of the case to be tried.]
[In the event the Court anticipates that some jurors may be asked to answer certain questions at side-bar in the presence of only the Court and the attorneys, the following instruction should be considered.]
I may occasionally suggest a conference over here at the side of the Bench because there is a possibility that your comment could influence the
other jurors if they heard it. You also might feel more comfortable responding to the questions in some degree of privacy rather than in front of everyone in the courtroom. These conferences will be on the record the same as every other word that is spoken in this courtroom.
9. Excusing The Balance Of The Jury After Selection Is Complete
[After the jury has been selected and sworn in by the Court Clerk, the balance of the jury panel can be returned to the Jury Assembly Room with the following comments:]
The remainder of the jury panel may return to the Jury Assembly Room. Thank you for your service. Please remember my remarks earlier about the importance of jury service to the Court system. Your presence here and your availability to serve as jurors are greatly appreciated.
Model Civil Jury Charges
