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Voir Dire Examination   Opening Statements  
Examination of Witnesses and Arguments   Objections to Questions

Voir Dire Examination

The voir dire examination is conducted by the Court. If voir dire questions are to be tendered, they should be submitted in advance of trial at the Final Pretrial Conference in civil cases and in criminal cases as early as practicable before commencement of trial, preferably before the day of trial.

Upon request, in civil cases and single defendant criminal cases, the Court will allow counsel to ask questions of prospective jurors. Counsel should try to ask their questions of the panel as a whole, however, limited questioning of individual jurors will be permitted. Unless leave of court is given, each side will have 15 minutes to question the jury panel.

After the completion of the voir dire examination, a side bar conference is held for challenges for cause. Then peremptory challenges will be taken up with some slight variation depending upon whether it is a civil or criminal case.

In civil cases (6 jurors), the plaintiff and defendant are each entitled to 3 peremptory challenges to the entire panel. Fourteen (14) members of the jury panel will be called in numerical order and questioned. The jury will be picked in panels of three (3) unless the parties agree to a seven (7) person jury, in which case the first panel selected will be four (4). Challenges for cause will be taken up first. Plaintiff will then use peremptory challenges beginning with the first juror called until a panel has been accepted and tendered to defendant. Defendant may then accept said panel or exercise peremptory challenges to a member or members of said panel. If defendant breaks the panel by the exercise of peremptory challenges, the next numerical juror is placed into the panel until a panel has been accepted and tendered back to plaintiff. This process continues until a panel has been accepted by plaintiff and defendant, or until each side has exercised all their peremptory challenges. Additional members of the jury panel will be questioned in numerical order as needed until a jury is selected. The 1991 Amendment to Rule 47 of the Federal Civil Procedures and Rules abolished alternate jurors. Rule 48 now permits that additional jurors may be selected to hear and participate in the verdict in civil cases. In multiple party cases, additional peremptory challenges may be granted and divided among the parties by the court.

In criminal cases (12 jurors), the government is entitled to 6 peremptory challenges and the defendant, or the defendants jointly, to 10 peremptory challenges to be exercised on the entire panel. Twenty eight (28) members of the jury panel will be called in numerical order and questioned. Challenges for cause will be taken up first. The jury will be picked in panels of four. The government will use peremptory challenged beginning with the first juror called until a panel has been aaccepted and tendered to defendant. Defendant may then accept said panel or exercise peremptory challenges to a member or members of said panel. If defendant breaks the panel by the exercise of peremptory challenges, the next numerical juror is placed into the panel until the panel has been accepted and tendered back to the government. This process continues until a panel has been accepted by the government and defendant or until each side has exercised all their peremptory challenges. This process continues until a jury of 12 has been accepted by the government and defendant. Typically, two alternate jurors are used, and each side is entitled to 1 additional peremptory challenge to be used against an alternate juror only. In multiple defendant cases, additional peremptory challenges may be granted and divided among the defendants by the court.

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An opening statement is a "road map" or "birds-eye-view" of the case and should be confined to what you expect the evidence to show. It is a common mistake, and certainly not proper, to use the opening statement to argue the case or to instruct as to the law.

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Examination of Witnesses and Arguments   Objections to Questions
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Examination of Witnesses and Argument

Counsel should conduct examination of witnesses while standing from either the lectern, the counsel table or at the end of the jury box away from the witness stand. With permission of the Court, counsel may conduct the examination of a witness while seated at counsel table. Indicate to the Court when you have finished your examination, and the Court will then recognize opposing counsel for questioning.

Although permission of the Court is not required to approach a witness, the Court prefers that witnesses not be approached except when absolutely necessary.

Rise when addressing the Court and when making objections. This calls the Court's attention to you.

During opening statement and argument, counsel may approach the jury box to reasonably emphasize and communicate with the jury but should avoid any excessive pacing back and forth which is distracting to both the Court and the jury.

In order to expedite trial proceedings, those witnesses expected to be used should be assembled in the hallway or witness room ready to be called by the Court Security Officers when requested by the parties.

Note of Caution! Always make sure you are being heard by the Court, jury, opposing counsel and especially the Court Reporter. It may be your record that needs protection.

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Objections to Questions

When objecting, state only that you are objecting and specify the ground or grounds of objection. Do not use objections for the purpose of making a speech, recapitulating testimony or attempting to guide the witness.

Argument upon the objection will not be heard until permission is given or argument is requested by the Court.

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