Challenges for Cause

•Specific statutory qualifications

•If a juror fits in this category, they MUST be removed.

Peremptory Challenges

•Amount set by statute. Free to challenge as see fit.

A juror that you know nothing about.

○ Ask questions of everyone.

○ In civil trials there are 8 + alternates. A decision is made by 6+ jurors. If there are less than 6, the court will require a stipulation from attorneys otherwise there will be a mistrial.

Judges like to get lawyers to stipulate that if 10 people sit through trial that they all get to deliberate.

Cause to strike jurors The following persons shall be disqualified to serve as jurors in any particular action:

1. Witnesses in the action.

2. Persons interested directly or indirectly in the matter under investigation.

3. Persons related by consanguinity or affinity within the fourth degree to either of the parties to the action or proceedings.

4. Persons biased or prejudiced in favor of or against either of the parties.

Challenges to jurors for cause in civil actions may be taken on one or more of the following grounds:

1. Want of any qualifications prescribed by statute to render a person competent as a juror.

2. Standing in the relation of guardian and ward, master and servant, employer and clerk, or principal and agent to either party, or being a member of a family of either party, or a partner in business with either party, or when a surety on a bond or obligation for either party.

3. Having served as a juror or been a witness on a previous trial between the same parties in the same action.

4. Having formed or expressed an unqualified opinion or belief as to the merits of the action or showing such a state of mind as will preclude the juror from rendering a just verdict, but in the trial of any action the fact that a person called as a juror has formed an opinion or impression based upon rumor or newspaper statements about the truth of which that person has expressed no opinion shall not disqualify that person to serve as a juror in such action, if the person, upon oath, states that the person believes the person can fairly and impartially render a verdict therein in accordance with the law and evidence, and the court is satisfied of the truth of such statement.

5. The existence of a state of mind evincing enmity or bias for or against either party.

6. The presence of any grounds for disqualification specified in A.R.S. § 21-211.

Rapport

Info gathering 

Educate

Persuasion

o Which of these potential jurors are least desirable o How likely is it that an even less desirable replacement juror will appear in the jury box

o If an undesirable juror does enter the jury box, can that person be prevented from sitting on the trial jury?

Build Theme

Know strengths and weaknesses

Identify important opinions

Establish important experiences

Determine potential grounds for cause

Sequential: Strike and Replace. Only can question jurors in box

Struck: Modern method.

Close ended questions elicit yes/no response used to get juror involvement and to establish basic opinions.

Must be followed open ended questions to establish juror attitudes.

·         Pros

o   Helps predict where there is little info

o   Rooted in truth

o   Used to establish attitudes

·         Cons

o   Ignores where or what is being litigated

o   Singles out one characteristic of a complex person

            o   Can be wrong

Too narrow to rely on exclusively. Must still dive in with questions about experiences and opinions.

If a juror fails to represent her life experiences in terms of historical fact. May use another juror affidavit to establish, but juror can testify against these biases.

Jurors bring in extrinsic evidence not given as evidence at trial. Can be proved through affidavit of another juror. Life experience don't count. Rules 24.1(c)(3)

o Much easier for attorneys to disqualify jurors

• Use a questionnaire for tough questions such as sex and drugs

• Judges may be wary of using them because it puts the information on record. o The mechanics of these are actually difficult

• Prepare For Court: At the pre-trial conference the attorneys will meet with the judge with the list of questions and any concerns that the judge can decide on.

• Do The Work For The Court: The attorneys need to show that this process will be ran by the attorneys and on the attorneys' dime.

• Get Parties In Agreement: If it is last minute or if there is too much conflict between the parties, it will decrease the chance of it actually happen.

• Make Extra Time: Every judge is concerned about delays so it needs to be done in a manner that the judge doesn't have to deal with a "dead day"

• Rapport

• Not wanting to disappoint judge so will remain “impartial”

• Attorney will have better