Selection — continued from Previous Page
assessing the possible trial they will hear, and they are making judgments from the beginning, so behave in a professional manner at all times.
The judge will at the outset, seat at
least 12 jurors, and more likely 18. The judge will, at a minimum, ask them to answer the basic demographic questions
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that are almost always posted on a board. Most judges will first introduce the court staff, and ask the attorneys to stand and introduce themselves and their clients. Most judges will also spend some time talking to the jury before getting the demographic information. The judge might start with the hardship questions, addressing the entire audience as well as the jurors in the box. Pay attention to the answers to the
court’s questions regarding hardship. Some jurors who attempt to make com- pelling “hardship excuses” may be unsuc- cessful and end up in the box for further questioning or even on the jury. Whenever a prospective juror speaks, you are getting information about that juror, and to some extent his or her attitudes about the lawsuit and predispositions. Pay attention to the court’s inclination on handling hardships – whether the judge is strict or lenient in excusing the juror – since that will tell you how the judge is likely to rule on cause challenges later in the process. No matter how good your homework
is, you might not get a feel for the judge’s style until you are there in the jury selection process. Pay attention to the judge’s questions to the jurors – write fast! Some judges will elicit a lot of valu- able information. So much that you may know who you likely want to keep on the jury.
Other judges will only get the bare
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essentials and will go so quickly that you might be required to waste valuable time re-asking questions because you didn’t hear them the first time. It’s usually smart to ask the judge to ask any sensi- tive questions – it’s a less confrontational way to get necessary information about the jurors and you will be less likely to inadvertently embarrass a juror or the panel. When there are significant limita- tions on attorney time for voir dire, it’s important to get the court to cover some necessary topics. Many judges ask a lot of their own questions regarding the jurors’ experiences in relation to the subject matter of the trial. Before voir dire begins some judges will ask the attorneys to submit questions they want the court
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