IMPLEMENTING NEW YORK'S CIVIL VOIR DIRE LAW AND RULES

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B. Introductions All parties, attorneys and witnesses should be introduced to the jury panel, either in person or by reading a list of names (with identifying information) to the panel. 29 Introductions may be made by the judge, JHO, or by counsel. C. Description of the case The trial judge or JHO may briefly describe the case for jurors – based on either a written statement or oral summary provided by counsel. Whether or not the case has been described by a judge or JHO, counsel should be encouraged to make a brief voir dire opening statement (3 - 5 minutes for each side) summarizing the case from their respective viewpoints. 30 D. Juror qualifications 31 The Commissioner of Jurors qualifies jurors. Because some jurors are not completely forthcoming in juror questionnaires or during re-screening in the jury assembly room, qualification questions are generally asked again during voir dire. A person is qualified 32 to serve as a juror under the Judiciary Law, if he or she is: • A citizen of the United States, and a resident of the county; • at least eighteen years of age; • has not have been convicted of a felony; and, 33 • is able to understand and communicate in the English language. In addition, anyone who has previously served as a juror in any state or federal court in New York is not eligible for service in the New York State courts for six years from the 34 conclusion of the previous service. 29 Section 202.33, Appendix E(A)(4). 30 A brief voir dire opening by each party is recommended by the Jury Trial Project. See Appendix C for the Jury Trial Project’s recommendation. 31 Judiciary Law Section 509. 32 Section 510. 33 Guidelines for Assessing Potential Jurors’ Ability to Understand and Communicate in the English Language instruct commissioners to leave such decisions to a judge whenever a juror’s language abilities are unclear. The guidelines are reproduced here as Appendix D. 34 Judiciary Law Section 524. Implementing Civil Voir Dire Law and Rules January 2009 Page 12
E. Length of trial Court rules allow counsel to advise jurors “if an unusual delay or a lengthy trial is 35 anticipated.” At counsel’s request, jurors may be informed of the expected length of the trial to avoid seating any juror who will not be available for the full length of trial. F. Other topics to cover Counsel may state their clients’ contentions and identify the parties, attorneys and witnesses likely to be called. Other relevant topics may be covered by counsel in voir dire, including discussion of injuries and damages in bifurcated trials. Counsel may not read from pleadings or inform jurors about monetary sums at issue and should avoid 36 explaining legal concepts which are the province of the court. Nothing in this booklet shall preclude the judge or JHO from curtailing argumentative or otherwise improper examination. G. Questioning out of the presence of other jurors In order to protect juror privacy and avoid the risk that one juror’s responses to questions will affect other jurors’ attitudes or opinions, when there is an indication that a juror may have some bias or experience that could impact on service, the juror may be questioned at that time individually and out of the presence of others. VII. Related rules and policies A. Juror utilization The court system tracks juror utilization with a standard Civil Voir Dire/Trial Data form (UCS-114), which must be completed each time a voir dire commences, regardless of the outcome. UCS-114 forms are provided by Commissioner of Jurors staff, who also provide instruction on how to complete the form. The form tracks the type of voir dire procedure used, number of jurors utilized, reasons why jurors were excused, and the outcome of the case. Usually, jury or court personnel complete a portion of the form and the remainder is completed by the judge or the judge’s part clerk. If no judge or JHO is present during voir dire, counsel will answer questions regarding jury selection and settlement. If the case proceeds to trial, the part clerk or court clerk completes the form. 35 Section 202.33,Appendix E (A)(7). 36 Section 202.33, Appendix E(A)(4) and Appendix E(A)(6). Implementing Civil Voir Dire Law and Rules January 2009 Page 13
Page 1 and 2: IMPLEMENTING NEW YORK’S CIVIL VOI
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Page 5 and 6: I. Introduction and Overview The pu
Page 7 and 8: III. What does judicial supervision
Page 9 and 10: V. Selecting the jury Jury selectio
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Page 13: necessary to have 16 ‘cause-free
Page 17 and 18: Appendix A Introductions by Judges
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Page 21: A ppendix B Juror Questionnaire (UC
Page 24 and 25: Appendix D Guidelines for Assessing
Page 26 and 27: Appendix E Civil Procedure Law and
Page 28 and 29: Appendix F Uniform Civil Rules For
Page 30 and 31: (8) If counsel objects to anything
Page 32: y the parties (such sum shall be re

IMPLEMENTING NEW YORK'S CIVIL VOIR DIRE LAW AND RULES

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