The following material is reproduced from the Juror's Manual distributed to jurors at the 50th District Court.
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There are other, very important, differences between civil and criminal cases. These differences are not discussed in this booklet, but the specific rules which will apply to the trial in which you participate as a juror, whether civil or criminal, will be explained carefully to you by the judge. If you do not understand or if you have any questions about any of the Judge’s instructions, you should not only feel entirely free, but duty -bound to ask the judge to explain further.
Selection of Jury
You and a number of other citizens determined at random in accordance with the law and qualified to serve as jurors have been notified to come to Court for jury duty. Collectively you are called the "jury panel." The first step in a trial is to select from among you the number required to try the case- 6 jurors are usually required. Names are drawn from the jurymen present until the jury box is filled. If your name is called, you will be required to answer truthfully all questions asked of you concerning your qualifications to act as a juror in the case. A short statement will be made telling you what the case is about and the parties involved. Once you and the other prospective jurors have this information, the lawyers, or the Judge may question you to see if you are qualified to act as fair and impartial jurors. The lawyer or judge may ask you questions about your personal life and beliefs. This is often referred to as the "voir dire" examination. You should answer these questions fairly, and if for any reason you feel you should not serve as a juror, you should make the reason known. Any juror who is related to any of the parties, or who has unfinished business with one of the lawyers, or who knows so much about the case that he already has an opinion, will be challenged "for cause" and excused. In addition, each side has a right to excuse a certain number of jurors without giving any reason. These are called "peremptory" challenges. If you are challenged and excused, whether the reason is stated or not, it should be understood that this action is not a reflection on you in any way. Indeed, you may be selected later for the jury in another trial. When both sides are satisfied with the jury, the jurors who have been chosen are sworn to try the case upon the merits.
Importance of a Jury
You, as a member of the jury selected to try a lawsuit, have an extremely important function. You will be the judge of all questions of fact. You will know what each side claims or "says" the facts are. However, you and the other members of the jury must carefully consider all of the evidence brought before the Court and determine what the facts really are. Once you have deliberated and determined the facts, you will then apply the judge’s instructions on the law given at the end of the trial to the facts that you find to be the correct version and thereby actually settle the dispute or disputes between the parties.
These disputes which you, as a member of the jury, must decide are obviously most important to the parties involved. Our court system must continue to enjoy the respect of the people and to be an effective instrument for settling disputes fairly and peaceably. You and the other jurors must live up to the solemn oath that will be administered to you as soon as all the trial jurors are selected.
The Conduct of the Trial
Whether you are selected as a juror in a civil case or a criminal case, the trial is conducted in much the same manner.
Opening Statements
The attorney for the Plaintiff in civil cases or the prosecuting attorney in criminal cases will generally begin by making a short opening statement. The lawyer for the defendant may then make a similar statement or he may defer his opening statement until the plaintiff’s case is completed. The opening statement will tell you what the party "says" or "believes" the relevant facts are. The opening statement also outlines the evidence by which the party expects to prove his version of the facts. You should remember that these statements of the lawyers are not evidence, but are only the parties’ respective "versions" of the facts. These statements must be proved by evidence.
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