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IMPLEMENTING NEW YORK'S CIVIL VOIR DIRE LAW AND RULES

IMPLEMENTING NEW YORK'S CIVIL VOIR DIRE LAW AND RULES

IMPLEMENTING NEW YORK'S CIVIL VOIR DIRE LAW AND RULES

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B. Juror oaths<br />

Before Voir Dire Questions. “Do you swear or affirm to answer truthfully all questions<br />

relative to your qualifications to serve as a juror in this action?”<br />

After Selection. “Do you swear or affirm to try this action in a just and impartial manner,<br />

to the best of your judgment, and to render a verdict according to the law and the<br />

evidence?”<br />

C. Five-day rule<br />

A sworn juror may be released from service if the trial has not commenced within five<br />

days from the date the juror was sworn, subject to the discretion of the appropriate<br />

37<br />

administrative judge.<br />

D. Non-unanimous verdict<br />

In New York State, a civil verdict can be reached by five out of six members of the jury. 38<br />

37 Section 128.8(a), Rules of the Chief Administrator.<br />

38 CPLR 4113(a).<br />

Implementing Civil Voir Dire Law and Rules January 2009 Page 14

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