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Category: Jury

WHAT EVERY GOOD TRIAL LAWYER SHOULD KNOW ABOUT JURY SELECTION

WHAT EVERY GOOD TRIAL LAWYER SHOULD KNOW ABOUT JURY SELECTION

The traditional advice and rules about the process of selecting a jury may require revision and rethinking with the impact of virtual trials. When we are not physically present with the jurors and unmasked, some of the established traditional concepts may no longer be applicable or require revision. Here however, are the fundamentals of jury selection much of which still applies no matter how the case is physically tried. THE PROCESS IS NOT “SELECTING” A JURY Experienced trial judges and…

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VOIR DIRE IN EMPLOYEE SUIT vs CORPORATE EMPLOYER

VOIR DIRE IN EMPLOYEE SUIT vs CORPORATE EMPLOYER

The following is an example of a procedure I followed in preparing for jury selection in a trial. The first step was to determine the major and minor issues in the case. That includes both positive and negative issues. Those subjects, issues or facts which will either help or hurt the case in a significant way. They were usually determined through focus studies in which people identified what they liked or didn’t like about the case. It also involved a…

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THE RIGHT TO A CONSTITUTIONAL JURY WHEN ALLOWING JURORS WITH ACTUAL BIAS TO SERVE ON THE JURY

THE RIGHT TO A CONSTITUTIONAL JURY WHEN ALLOWING JURORS WITH ACTUAL BIAS TO SERVE ON THE JURY

I published an article in the May 2019 edition of NW Lawyer, our state bar publication, about our statutes which allow a juror with actual bias to serve on the jury. The title is “Washington Law On Jury Challenges for Bias Undermines Litigants Constitutional Right to An Impartial Jury.” The article can be read at http://nwlawyer.wsba.org/nwlawyer/may_2019?pg=34#pg34 Many states have similar provisions to Washington in that regard. Our statute, RCW 4.44.190 says: “A challenge for actual bias may be taken for…

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