Saturday, November 15, 2014

The Top Five: Jury Trials in Civil Cases

The rules related to jury trials are sure to be tested in Federal Civil Procedure. Here are five things to certainly know going into the exam:

(1): The federal rules allow for a jury of at least 6 and no more than 12. If the jury falls below 6 (for example, due to illness of a sitting juror), no verdict may be taken unless the parties consent.

(2): The federal rules require unanimity in jury verdicts; however, the parties may stipulate to a non-unanimous verdict.

(3): The right to a jury trial may always be waived by the parties.

(4): Under the federal rules, a demand must be made for a jury trial. Specifically, a party must serve on the other parties a written demand for a jury within 14 days after service of the last pleading dealing with the issue for which the jury is demanded. The demand must then be filed with the court within a reasonable time.

(5): Unless the demand specifies particular issues, a party will be deemed to have demanded a jury trial on all issues triable by a jury. But if a party does limit the demand to certain issues, any other party may demand a jury trial on any or all of the remaining issues triable by a jury by serving its own demand within 14 days after the initial service.

No comments:

Post a Comment