Jury
Jury
ANSWER
BOOK
FOR
JURY
SERVICE
FOR JURORS IN THE CIRCUIT
COURTS OF THE
COMMONWEALTH
THE
ANSWER
BOOK
FOR
JURY
SERVICE
3
PART I:
GENERAL INFORMATION
How was I chosen for jury your jury service can be deferred.
service? If you feel that you can’t perform
your jury service at this time, call
Potential jurors are selected
the number listed on your
randomly by the jury
summons to discuss your
commissioners using lists
situation.
designated by the courts, such as
the voter registration list and the You won’t be excused because
driver’s license list. In some your jury service is inconvenient
courts, this is done by hand, and or because you have a busy
in others, it is done by computer. schedule, but you may be for
Either way, the selection method reasons such as a physical
is designed to produce a cross ailment. If you have special
section of the community. Men conflicts on a particular day
and women over 18 years of age during the term, the court may
and from all walks of life have an excuse you on those days.
equal opportunity to be called for
jury service. What about my job?
GENERAL INFORMATION - 5
I have heard that jury (the reasons for this are
sometimes jurors are not explained in the next
allowed to go home until section). So bring a book,
after the trial is over. Will some needlework, or other
this happen to me? quiet activity; solve a
crossword puzzle; write a
Usually, jurors go home at letter; sketch a picture; or
the end of the day and get to know your fellow
return the next morning. jurors. Remember that as a
However, in extremely rare juror, you are a vital part of
cases, a jury will be the court system. Part of
“sequestered” during the the job of many court
trial or during the jury’s employees, such as the
deliberations. Sequestered bailiffs and the clerks, is to
means that instead of going help make your jury service
home at the end of the day, comfortable and convenient.
jurors stay in hotels, where Don’t be afraid to ask them
their access to other people for help.
and to radio and television
news or newspapers is
limited. This is usually to
keep them from accidentally
hearing something about the
trial that wasn’t told in court
or from being influenced by
news reports. This is Trial by jury – being
important because jurors judged by our
must reach their decisions neighbors – is at the
based only on what they’ve very heart of American
heard during the trial. In justice. For the
almost all Virginia jury trials, American citizen there
however, the jury goes home is no finer contribution
at the end of each day and
to our democratic
is simply told not to discuss
society than serving as
the case with anyone nor to
a juror.
watch, read, or listen to
news reports about the
case. It is essential that you
follow these instructions.
Is it possible that I might report The judge will ask if you are
for jury service but not sit on a related to anyone involved in the
jury? case, have any financial interest
or other interest in the outcome of
Yes. The parties involved in a
the case, have formed or
case generally seek to settle their
expressed an opinion, or have
differences and avoid the
any personal bias or prejudice
expense and time of a trial.
that might affect how you decide
Sometimes the case is settled
the case. If you don’t think you
just a few moments before the
can make a fair and impartial
trial begins. So even though
decision for any reason, you
several trials are scheduled for a
should tell the judge at this time.
certain day, the court doesn’t
know until that morning how The attorneys for each side might
many will actually go to trial. But also ask you some questions. If
your time is not wasted – your the judge concludes that you may
very presence in the court not be able to make a fair
encourages settlement. decision, you will be asked to
step down, and another
How are jurors chosen to sit on
prospective juror will be brought
a jury in a civil case?
in to replace you. After the judge
When a trial is ready to begin, the decides that all potential jurors
bailiff calls potential jurors into the are qualified to fairly and
courtroom. Generally, if damages impartially hear the case, the
of $25,000 or less are claimed in clerk will compile a list of jurors
the case, 11 jurors will be called, and give it to the attorneys. Each
and if damages of more than side will remove three names
$25,000 are claimed, 13 jurors from the list. They do not have to
will be called. The clerk or bailiff give reasons for removing these
asks the potential jurors to stand, names. The remaining jurors then
hold up their right hands, and swear that they will hear the case
swear or affirm that they will and give a verdict they believe to
truthfully answer the questions be true. The trial is ready to
about to be asked of them. If you begin.
are called as a potential juror, the
judge will then tell you the names
of the parties and their attorneys
and briefly explain the nature of
the case.
SELECTING JURIES FOR TRIALS - 7
Why are some jurors removed before the jury retires to the
from the list? jury room to decide the
case, the judge will excuse
Allowing both sides to participate from further jury duty
in selecting the jury gives the enough jurors to reduce the
parties the opportunity to feel that number of jurors to the
the jury will be fair and impartial statutory number needed to
when it decides the case. Being decide the case.
excused from a jury in no way
reflects on your character or your
competence as a juror, so you
should not feel offended or
embarrassed if your name is
removed.
Trials begin with jury
How are juries chosen in selection. Names are
a criminal case? randomly selected from
The procedure for criminal those on jury service to
cases is very similar to the form a panel from which
procedure for civil cases. the trial jury will be
However, the numbers of selected. The judge
prospective and final jurors excuses those on the
vary based on whether the panel whose knowledge
case is a misdemeanor or a of the people or
felony. (The difference circumstances would
between a felony and a affect their impartiality.
misdemeanor case is
described in the next
section.)
Sequence of a Trial
I. Selection of a Jury
II. Opening Statements
A. Plaintiff’s attorney (or prosecuting/Commonwealth’s
attorney for a criminal case)
B. Defendant’s attorney
III. Testimony of Witnesses and Presentation of
Evidence
A. Plaintiff’s attorney (or prosecuting/Commonwealth’s
attorney for a criminal case)
1. Direct examination of plaintiff’s witnesses by
plaintiff’s attorney
2. Cross-examination of plaintiff’s witnesses by
defendant’s attorney
3. Redirect examination of plaintiff’s witnesses by
plaintiff’s attorney
B. Defendant’s attorney
1. Direct examination of defendant’s witnesses by
defendant’s attorney
2. Cross-examination of defendant’s witnesses by
plaintiff’s attorney
3. Redirect examination of defendant’s witnesses by
defendant’s attorney
IV. Selection and Preparation of Jury Instructions
V. Jury Instructions Presented to the Jury
VI. Closing Arguments
A. Plaintiff’s attorney (or prosecuting/Commonwealth’s
attorney for a criminal case)
B. Defendant’s attorney
C. Plaintiff’s attorney (or prosecuting/Commonwealth’s
attorney for a criminal case) to close the case
VII. Jury Deliberations
VIII. Verdict of Jury
THE TRIAL - 11
Who awards damages in a evidence that is proper,
civil case? relevant, and allowed by
law. If evidence is submitted
In a civil case, the jury not
that the attorney feels is
only decides on a verdict for
improper, or if the attorney
one side or the other, but
feels that the other side is
also awards damages. That
asking questions that are
is, if the jury determines that
unlawful, the attorney will
an award of money should
call out “Objection!” By
be made, the jury also
objecting, the attorney is
decides how much money
asking the judge to rule on
should be paid.
whether the law allows the
How are criminal cases particular piece of evidence,
tried? the statement or the
question to be admitted. If
Criminal cases are very
the judge thinks it should be
similar to civil cases, except
admitted, the judge will say
instead of a plaintiff, there
“Objection overruled.” If the
is a prosecuting attorney.
judge agrees that the
The prosecuting attorney
evidence in question is
may represent either the
improper, the judge will say
Commonwealth (the state)
“Objection sustained.” How
or a city, county, or town.
often an attorney raises
Who sets the punishment objections during the trial
in criminal cases? shouldn’t bias you against
that attorney’s case.
The judge sets the
punishment unless the Why is the jury sometimes
defendant requests that the asked to leave the
jury set the punishment. In courtroom in the middle of
felony or serious a trial?
misdemeanor cases, the jury
The judge may decide to
first decides the defendant’s
send the jury from the
guilt or innocence and then,
courtroom in the middle of a
if requested, in a separate
trial. When the jury is gone,
proceeding, the same jury
the attorneys and the judge
decides on the penalty. In
will discuss points of law or
lesser misdemeanor criminal
whether certain evidence
cases, if requested, the jury
sets the punishment at the can be admitted. The
same time that they decide purpose of these
their verdict. discussions is to make sure
that the jury hears only
Why do the attorneys evidence that is legally valid
object to certain before making its decision.
statements or evidence? You will be called back to
the courtroom when the
An important part of an
judge’s decision is made.
attorney’s job is to protect
the client’s rights during a
trial. This includes making
sure that the only evidence
presented during the trial is
12 - THE ANSWER BOOK FOR JURY SERVICE
What should I do when What if I accidentally hear
testimony is stricken from something about the trial
the record? outside the courtroom, or
if someone contacts me
You must disregard that
about the trial while it is
testimony. Sometimes the
still going on, or if I
jury hears testimony that the
realize during the trial I
judge later decides they
have some special
should not have heard. The
information that relates to
judge will tell the jury to
the case?
consider the case as if they
had never heard the stricken Ask the bailiff to tell the
testimony. You must follow judge immediately what has
the judge’s instructions if happened. Tell no one about
the parties in the case are the incident except the
to receive a fair trial. bailiff or the judge.
THE TRIAL - 13
PART IV:
DECIDING ON A VERDICT
What happens after the What if we don’t
closing arguments? understand the jury
instructions?
After the judge gives you
your instructions and you You may take written copies
hear the attorneys’ closing of the jury instructions to the
arguments, you leave the jury room with you. If you
courtroom and go to the jury don’t understand the
room to begin your instructions, you may ask
deliberations. “Deliberation” the judge to explain them to
is the process the jury uses you. It is usually best to put
to reach its verdict. During your questions in writing and
deliberations, the jury will ask the bailiff to give them
discuss evidence and review to the judge, since the judge
law and facts. will discuss the questions
with the attorneys before
Will anyone be in the jury
answering them.
room besides the jury?
How should we conduct
No. But if you have any our deliberations?
questions or need any help,
the bailiff will be nearby. Each juror may have a
different opinion at the start
What’s the first thing we of the deliberations. To
do? reach a unanimous decision,
The first thing you should do some jurors may have to
is elect one member of the change their opinion. You
jury to preside over the should keep an open mind;
deliberations, seeing that listen carefully to other
everyone has an opportunity jurors’ opinions, and the
to participate and that the reasons for their opinions.
discussions remain orderly. You should be prepared to
The person chosen to tell the other jurors what you
preside takes part in think and why. Be fair and
deliberations and votes on carefully consider what your
the verdict along with fellow jurors are saying. Do
everyone else. not let yourself be
intimidated into changing
your opinion, and do not
intimidate anyone else.
14 - THE ANSWER BOOK FOR JURY SERVICE
Change your opinion only if
you genuinely agree with
what another juror is saying.
After a full discussion of the
issues, the jury should be
able to reach a decision that
each juror can agree to with
a clear conscience.
Your decision can
Do we all have to agree?
affect the human rights,
Yes. Every juror must agree the civil rights, and the
on the verdict. This is known property rights of your
as a unanimous verdict. If fellow citizens. The
the jury cannot agree, then Commonwealth has
the judge must declare a called on you and is
mistrial.
now counting on you to
What should we do after apply your sense of
we’ve reached our verdict? equity and your
common sense to the
The person chosen to
formal rules of law.
preside will write down the
jury’s verdict on a form
prepared by the judge, sign
it, and notify the bailiff that
a verdict has been reached.
The bailiff will notify the
judge, who will call
everyone including the jury
back to the courtroom. The
clerk will ask for the jury’s
verdict and read it out loud.
DECIDING ON A VERDICT - 15
PART V:
GLOSSARY
The list below defines some cross-examination – An
of the terms not defined attorney’s questioning of a
elsewhere in this pamphlet, witness called to testify by
as well as some terms you the other side in the case.
might hear at the court or
damages – Compensation
during a trial:
(usually monetary) awarded
action, case, cause, suit, to someone who has
lawsuit – These terms all suffered loss, detriment, or
refer to a proceeding in a injury to their person,
court of law. property, or rights.
plea – A defendant’s
response to a criminal
charge (“guilty” or “not
guilty”).
stipulation – An agreement
by the parties that certain
facts are true. Facts that
have been stipulated do not
need to be proven in the
trial.
GLOSSARY - 17
VIRGINIA’S JUDICIAL SYSTEM
The Americans with Disabilities Act (ADA) of 1990 was enacted to ensure
that all qualified individuals with disabilities enjoy the same opportunities that
are available to persons without disabilities. It guarantees equal opportunity
for individuals with disabilities in public accommodations, employment,
transportation, state and local government services, and telecommunications.
The ADA directly affects state courts as providers of public programs and
services. In accordance with the requirements of Title II of the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., the Supreme Court of
Virginia and the courts of the Commonwealth of Virginia (collectively referred
to as “Virginia’s Judicial System”) will not discriminate against qualified
individuals with disabilities on the basis of disability in its services, programs,
or activities.
ADA Coordinator
Renée Fleming Mills, Ph.D.
Office of the Executive Secretary
Supreme Court of Virginia
100 N. 9th Street
Richmond, Virginia 23219
Fax: 804-786-0109
E-mail: ADACoordinator@vacourts.gov