Jury Trials

Lots to know about jury trials in civil cases for Civil Procedure questions on the MBE. Below is a list of facts, all of which are fair game on the exam:

~ To avoid waiver, a jury trial must be demanded in a writing within 14 days after the filing of the last pleading directed to the jury-triable issues. Some practice MBE questions have indicated that the court has discretion to extend the time limit.

~ If legal and equitable claims are joined in one action, the legal claims should be tried first to the jury and then the equitable claims should be tried to the court.

~ A federal court must permit a jury trial in a diversity suit even though the state court would deny a jury trial. The jury must have at least 6 jurors and not more than 12.

~ For purposes of jury selection, the venire (the potential jurors) must represent a reasonable cross-section of the community. The potential jurors will be questioned ("voir dire") to determine potential bias. Bias may be express in which case the potential juror may be excused for cause, or implied in which case bias is not expressly admitted but it is unlikely that an average person in the juror's position would not be biased. A potential juror with an implied bias must be excused for cause.

~ Objections to giving or failing to give jury instructions prior to the jury deliberating must be made before the jury retires to consider the verdict.

~ If a juror wants to view property or places involved in the case, the juror may do so but only upon court order. Jurors must not communicate with non-jurors about the case.

~ Jury verdicts must be unanimous unless the parties agree otherwise. The court may instruct the jury to decide by a general verdict (the jury finds for the plaintiff or defendant) or by a special verdict (the jury makes findings of fact and the court applies the law). In addition, a combination of the two is allowable in which case the jury enters a general verdict but the court guides the jury with special interrogatories.

~ If a verdict shows on its face that the jury failed to follow the court's instructions, the jury will either be asked to re-deliberate or a new trial will be ordered. A new trial is appropriate if the juror gave false testimony or concealed a material fact relating to the juror's qualifications to serve. A juror may not testify as to any matter occurring during deliberation, except as to outside influences on the jury or on the question of whether extraneous prejudicial information was improperly brought to the jury's attention.