Overview

Keyword Index

SECTION 1.1
JURISDICTION; TIME LIMITS

1.1-1 Jurisdiction
A. General
B. Jurisdiction: Monetary Limit
C. Subject-Matter Jurisdiction: Exclusions
D. Subject-Matter Jurisdiction: Kinds of Actions
E. Territorial Jurisdiction
F. Venue of Actions
G. Personal Jurisdiction
H. Indian Jurisdiction

1.1-2 Time Limits for Bringing Actions
A. Computation of Time Limits
B. Time Limits in General
C. Other Time Limits
D. Determination That Time Limit Has Passed

SECTION 1.2
CIVIL PROCEDURE BEFORE TRIAL

1.2-1 Complaint
A. Filing of Complaint and Docketing of Action
B. Other Matters Related to Complaint

1.2-2 Summons
A. Purpose
B. Issuance
C. Service of Process - General
D. Service of Process - Methods of Service
E. Service by Mail
F. Who May Serve
G. Proof of Service of Process; Return

1.2-3 Answer, Counterclaim, Third-Party Complaint
A. General
B. Counterclaim or Setoff
C. Third-Party Complaint
D. Interpleader
E. Filing of Answer
F. Jury Demand by Defendant
G. Clarifying or Amending Complaint or Answer
H. Service of the Answer
I. Defenses
J. Default

1.2-4 Pleadings and Motions
A. Service and Filing of Papers
B. Pleadings
C. Motions
D. Motion for Judgment on the Pleadings
E. Motion for Summary Judgment

1.2-5 Parties
A. Who may Sue; Real Party in Interest
B. Minors and Incapacitated Persons
C. Death or Incapacity; Transfer of Interest
D. Joinder of Parties
E. Pro Se and Attorney Appearance
F. Other Authorized Appearances
G. Attorney Appearance
H. Withdrawal or Attorney Failure to Act

1.2-6 Dismissal
A. Definitions; General
B. Voluntary Dismissal Without Court Order
C. Voluntary Dismissal By Court Order
D. Involuntary Dismissal By Court Order
E. Counterclaims, Cross-Claims
and Third-Party Claims
F. Costs of Previously Dismissed Action
G. Filing; Service

1.2-7 Other Preliminary Matters
A. Discovery
B. Pretrial Conference
C. Notice of Trial
D. Recording of Trial
E. Appointment of Special Master, Arbitrator or Metropolitan Court Judge Pro Tempore

1.2-8 Joint and Separate Trials
A. Reasons
B. Motions; Order

SECTION 1.3
JUDGMENT; ENFORCEMENT; APPEAL

1.3-1 Judgment
A. Definition
B. Entry of Judgment
C. Multiple Claims or Multiple Parties
D. Damages
E. Interest to Date
F. Costs to be Reimbursed (Taxing Costs)
G. Satisfaction of Judgment
H. Relief from Judgment: Clerical Mistake
I. Relief from Judgment: Void Judgment

1.3-2 Default Judgment
A. Definition; Types
B. Entry of Default Judgment
C. Motion to Set Aside Default Judgment
D. Multiple Parties

1.3-3 Reserved

1.3-4 Determination of Judgment Debtor's Assets
A. Judgment Debtor Examination
B. Deposition

1.3-5 Appeal
A. Right of Appeal
B. Notice of Appeal
C. Record on Appeal
D. Stay of Proceedings to Enforce Judgment
E. Review and Remand

SECTION 1.4
EXECUTIONS AND GARNISHMENTS

1.4-1 Executions of Judgments
A. Definitions; General
B. Writ of Execution
C. Exemptions
D. Claim of Exemption for Satisfaction of Separate and Community Debts
E. Transcript of Judgment
F. Levy and Sheriff's Sale
G. Renewal of Execution
H. Examinations and Depositions to Aid Execution

1.4-2 Garnishment
A. Definitions; General
B. Types of Garnishment
C. Garnishment in Advance of Execution
D. Garnishment in Aid of Execution of Judgment
E. Garnishment in Aid of Execution of Judgment Entered in Another Court
F. Default Judgment Against Garnishee
G. Release of Garnishment
H. Miscellaneous
I. Appeals on Rulings on Claims of Exemptions

SECTION 1.5
SPECIAL PROCEEDINGS

1.5-1 Attachment
A. Definition
B. Constitutionality
C. Procedures
D. Attachment Service Response
E. Dissolution of Attachment
F. Exemptions from Attachmen
G. Appeals in Attachment

1.5-2 Replevin
A. Definition
B. Complaint; Limits
C. Judgment; Execution

1.5-3 Forcible Entry or Unlawful Detainer
A. Procedure; Complaint
B. Judgment
C. Execution
D. Appeal

1.5-4 Bankruptcy
A. Overview of the Bankruptcy Process
B. Effect of Bankruptcy on Civil Court Cases
C. Effect of Bankruptcy on Criminal Court Cases
D. Effect of Bankruptcy on Collection of Criminal Fees and Fines

SECTION 1.6
LANDLORD-TENANT PROCEEDINGS

1.6-1 Uniform Owner-Resident Relations Act
A. Important Note
B. Coverage; Application of Act
Chart: Obligations of Owner and Resident Under Owner-Resident Relations Act
C. Obligations of the Owner Under the Act
D. Obligations of the Resident Under the Act
E. Types of Actions Allowed Under the Act
Chart Owner Resident Relations Act
Causes of Action
F. Notice
G. Termination of Rental Agreements and Abatement of Rent
H. Actions for Possession
I. Actions for Damages
J. Petition by Owner for Restitution; Petition by Resident for Relief; Summons
K. Judgment; Writ of Restitution
L. Actions for Counterclaim
M. Appeal in Actions for Possession
N. Deposits
O. Disposition of Property Left on Premises

1.6-2 Mobile Home Act
A. Application of Act
B. Conflicts of Law
C. Obligations of Owner
D. Obligations of Tenant
E. Tenancy Requirements, Rental Agreements
F. Termination of Tenancy
G. Action for Termination/Forcible Entry/Detainer
H. Security Agreements/Deposits
I. Alternative Dispute Resolution
J. Conflicts of Law/Mediation

CRIMINAL CHAPTER

SECTION 2.1
MISDEMEANORS: GENERAL; PROCEDURES BEFORE TRIAL

2.1-1 General
A. Definitions
B. Jurisdiction
C. Venue
D. Time Limitations
E. Determination of Present Competency

2.1-2 Complaint; Summons; Arrest Warrant
A. Filing Complaint and Docketing of Action
B. Criminal Summons
C. Arrest without a Warrant
D. Preliminary Rights
E. Probable Cause Determination
F. Detention Hearing for Children
G. Arrest Warrant

2.1-3 Arraignment
A. Definition; General
B. Juveniles in the Magistrate and
Metropolitan Courts
C. Explanation of Rights
D. Representation by Counsel
E. Entry of Plea

2.1-4 Joint and Separate Trials
A. Joinder of Offenses
B. Joinder of Defendants
C. Consolidation
D. Severance; Separate Trials

2.1-5 Jury Trial
A. Right to Jury Trial
B. Exercise or Waiver of the Right to Jury

2.1-6 Dismissal
A. Definitions; General
B. Voluntary Dismissal by Prosecution
C. Dismissal for Failure to Prosecute
D. Refiled Complaints in Metropolitan Court

2.1-7 Sentencing Options
A. Deferral, Suspension and Probation

2.1-8 Other Preliminary Matters
A. Subpoenas
B. Discovery
C. Pretrial Conference
D. Motions
E. Recording of Trial
F. Service and Filing by Facsimile
G. Service and Filing by Electronic Transmission

SECTION 2.2
FELONIES

2.2-1 General
A. Definition
B. Authority of Court

2.2-2 Complaint and Arrest Warrant
A. Filing Complaint and Docketing of Action
B. Issuance of Arrest Warrant
C. Arrest and Return
D. Arrest Followed by Complaint
E. Amendment of Complaints

2.2-3 First Appearance
A. Definition; General
B. Explanation of Rights
C. Representation by Counsel
D. Determination of Indigency
E. Release; Bail
F. Explanation of Preliminary Examination and Grand Jury Indictment Process
G. Dialogue for First Appearance

2.2-4 Fugitive Actions
A. Fugitive Complaint
B. Arraignment and Commitment Hearing
C. Transfer of Actions

SECTION 2.3
MISDEMEANORS: JUDGMENT; SENTENCE; APPEAL

2.3-1 General
A. Judgment and Sentence; Written Orders
B. Right to Appeal

2.3-2 Sentencing
A. Pre-Sentence Report
B. Sentencing Options
C. Sentencing for Hate Crimes
D. Terms and Conditions of a Deferred or Suspended Sentence: Probation
E. Successful Completion of or Violation and Revocation of Probation

2.3-3 Court Costs and Fines
Payment of Court Costs and Fines

2.3-4 Appeal
A. Right, Notice and Docketing of Appeal
B. Transcript of Proceedings
C. Conditions of Release
D. Disposition; Time Limitations

SECTION 2.4
GAME AND FISH VIOLATIONS

2.4 Game and Fish Violations
A. Jurisdiction; Penalties
B. Arrest; Search Warrants; Citations
C. Prosecution

SECTION 2.5
SEARCH AND SEIZURE

2.5-1 Search Warrants
A. General
B. Sufficiency of Affidavit; Probable Cause

2.5-2 Searches Without Warrants
A. General
B. Searches of Persons and Places
C. Searches of Motor Vehicles

2.5-3 Motion to Suppress
A. General
B. Who May File Motion
C. Grounds for Suppression

2.5-4 Gambling: Search and Seizure
A. Affidavit
B. Search Warrant
C. Execution: Arrest

2.5-5 Inspection Orders
A. Administrative Inspection; Defined
B. Application for Inspectorial Search Order
C. Probable Cause for Issuance of Inspection Order
D. Exceptions to Requirement for Inspection Order

SECTION 2.6
RELEASE; BAIL

2.6-1 General
A. Right to Release; Purpose of Conditions
B. Factors to be Considered Prior to
Setting Conditions of Release
C. Conditions of Release to Assure Orderly Administration of Justice
D. Release Proceedings
E. Release Forms
F. Failure to Comply with Conditions of Release
G. Failure to Appear
H. Forfeiture of bail -- exoneration
I. Misdemeanors: Continuation and
Review of Release

2.6-2 Personal Recognizance and Bonds
A. Personal Recognizance
B. Bonds; General
C. Unsecured Appearance Bond
D. Appearance Bond: Cash Deposit.
E. Appearance Bond: 100 Percent Cash Deposit
F. Bail Bond
G. Bail Bond: Discharge of Surety
H. Bonds: Forfeiture

GENERAL CIVIL & CRIMINAL CHAPTER

SECTION 3.1
SUBPOENAS

3.1 Subpoenas
A. General
B. Issuance; General Rules
C. Service of Subpoena
D. Motion to Quash Subpoena
E. Failure of Appear

SECTION 3.2
JURY SELECTION AND TRIALS

3.2-1 Calling of Prospective Jurors
A. General
B. Request for Qualified Jurors
C. Excusing
D. Jury Costs

3.2-2 Trials General

3.2-3 Calling the Cause
A. Start of Trial
B. Readiness to Proceed with Trial
C. Motion to Quash Jury Array
Appendix
UJI Civil 13-106 7
UJI Criminal 14-101 10

3.2-4 Selection of Jury
A. Calling Jurors
B. Voir Dire: General
C. Challenges for Cause
D. Drawing Names
E. Peremptory Challenges
F. Additional Jurors
G. General
Appendix
   Voir Dire Instructions in Civil Cases
   Voir Dire Instructions in Criminal Cases

3.2-5 Oath to Jurors; Preliminary Instructions
A. Oath
B. Preliminary Instructions
C. Opening statement -- UJI Civil 13-108
Appendix
   Preliminary Instructions in Civil Cases
   Preliminary Instructions in Criminal Cases

3.2-6 Witness Oath; Exclusion Rules; Opening Statements
A. Witness Oath
B. Exclusion Rule
C. Opening Statements

3.2-7 Presentation of Evidence
A. Order of Presentation
B. Witnesses: Testimony
C. Defendant as Witness
D. Introduction of Documentary Evidence and Other Things
E. Objections
F. Confessions

3.2-8 Rules of Evidence
A. Overview
B. Application of the Rules of Evidence
C. Construction of the Rules of Evidence
D. General Principles of Evidence
E. Relevancy
F. Evidence on Specific Topics
G. Witness Testimony
H. Hearsay
I. Privileges

3.2-9 Instructions to Jury
A. General
B. Instructions in Criminal Cases
C. Instructions in Civil Cases
D. Requested Instructions

3.2-10 Closing Arguments
A. Definition
B. Order of Presentation

3.2-11 Jury Deliberation; Verdict; Trial by Court
A. Deliberation
B. Procedure When Jury Reaches Verdict
C. Failure of Jury to Reach Verdict
D. Trial by Court: Nonjury Trials

3.2-12 Motions for Directed Verdict or Dismissal During Trial
A. Motion for Directed Verdict
B. Motions for Dismissal

3.2-13 Motion for New Trial

3.2-14 Preservation and Disposition of Exhibits
A. Preservation
B. Return to Court for Appeal
C. Final Disposition

SECTION 3.3
BENCH WARRANT

3.3 Bench Warrant
A. General
B. Issuance
C. Execution; Return
D. Grounds for Issuing Bench Warrant

SECTION 3.4
CONTEMPT

3.4 Contempt
A. General; Definitions
B. Direct Contempt
C. Indirect Contempt
D. Notice
E. Hearing
F. Punishment; Appeal

SECTION 3.5
EXCUSAL, RECUSAL, INABILITY TO PROCEED

3.5-1 Excusal, Recusal, Inability to Proceed
A. Excusal
B. Recusal
C. Inability of a Judge to Proceed
D. Procedure for Replacing a Judge Upon Excusal or Recusal - Magistrate Court
E. Procedure for Replacing a Judge Upon Excusal or Recusal - Metropolitan Court

3.5-2 Recording of Proceedings
A. Record
B. Broadcasting and Photographs

SECTION 3.6
EFFECTIVE DATES OF STATUTES AND COURT RULES

3.6 Effective Dates of Statute and Court Rules
A. General
B. Exceptions

3.2-4 Selection of a Jury

A. Calling Jurors

1. The judge or clerk reads aloud the names of the prospective jurors who have been called to hear the case and who have not previously been excused; each prospective juror responds with "here" or "present" when his or her name is called.
2. If a prospective juror is not present and has not been excused, the judge may, but is not required to, issue a bench warrant for the nonappearing prospective juror. See §3.3 of this Benchbook regarding bench warrants.
3. Willful failure of a person to appear in response to a summons for jury service may be punished as a petty misdemeanor. Section 38-5-10.
4. If the judge determines that there are not enough prospective jurors present after the names have been called from which to select a six-member jury, the judge contacts the district court for additional jurors and directs the sheriff to summon those specific jurors, randomly selected by the district court clerk. If no additional jurors are available, the district court contacts the Administrative Office of the Courts to direct the random selection of additional names for jury qualification.
5. The judge has someone prepare a list of the names of all jurors present, a copy of which is given to each party or the party's attorney. Magis. Ct. R. 2-603(D)(1) and 6-605(D)(1); Metro. Ct. R. 3-603(D)(1) and 7-605(D)(1).

B. Voir Dire: General

1. Voir dire consists of questions to prospective jurors to determine if they should be qualified or excused from hearing the case. The questioning also allows the parties an opportunity to gauge the prospective juror's attitude, bias, and reaction to the case.
   
2. Prior to oral questioning, the judge administers an oath, such as the following, to the prospective jurors:
   
   "Do you swear or affirm to answer truthfully the questions asked by the judge or the attorneys concerning your qualifications to serve as a juror in this case, under penalty of law?"
   
   UJI Criminal 14-122. Compare UJI Civil 13-105A.
3. Prospective jurors may be examined by the judge and the parties (or their attorneys) by questioning all of the jurors present individually or as a group. Magis. Ct. R. 2-603(B) & (D) and 6-605(B) & (D); Metro. Ct. R. 3-603(B) & (D) and 7-605(B) & (D).
4. During the judge's questioning or at the conclusion of it, the judge may further question individual prospective jurors where appropriate as a result of the nature of a person's answer to a general question.
5. After the judge has finished asking questions, the parties (plaintiff or prosecutor first, then defendant) may further question the prospective jurors as a group or individually.
6. The extent of questioning of prospective jurors is at the discretion of the judge.
7. Voir dire may proceed along the lines of the sample format in either the Uniform Jury Instructions-Civil or Uniform Jury Instructions-Criminal, with questions omitted or modified as appropriate, and additional or follow-up questions asked as necessary. See Appendix to this section for the text of UJI Civil 13 104A and 13-107A and UJI Criminal 14 120.

C. Challenges for Cause

1. After all questioning of prospective jurors has been completed, challenges for cause may be raised by the parties or the attorneys. Section 38-5-14; Magis. Ct. R. 2-603(B) and 6-605(B); Metro. Ct. R. 3-603(B) and 7-605(B).
2. Challenges for cause are made on the basis of answers by the prospective jurors or oral or written questions.
3. Generally, a prospective juror may be disqualified for bias, relationship to a party, or other grounds of actual or probable partiality.
4. Challenges for cause must be made outside the hearing of the prospective jurors. The party making a challenge shall not be announced or disclosed to the jury panel, but each challenge shall be recorded by the clerk or judge and placed in the case file.
5. There is no limit to the number of challenges for cause. Any of the prospective jurors may be disqualified or excused on the basis of challenges for cause.
6. Although the parties or attorneys may raise challenges for cause, the final determination is made by the judge.
7. After all challenges for cause have been made and after the judge has determined which jurors may be disqualified or excused, the judge makes an announcement along the following lines:

   "The following prospective jurors have been excused: (give names of persons excused). These persons may leave at this time. You will be notified when to appear again for jury service (or inform persons of date and time if known)."

D. Drawing Names (Magis. Ct. R. 2-603 and 6-605; Metro. Ct. R. 3-603 and 7-605)

1. After all challenges for cause have been exercised and if more than a total of six prospective jurors remain, the judge or clerk writes their names on separate slips of paper and puts the slips in a box.
2. The judge or clerk then draws six names from the box.
3. The six jurors whose names have been drawn constitute the jury unless some of them are excused because of peremptory challenges. If they are so excused, additional slips are drawn from the box until six unchallenged jurors have been selected.

E. Peremptory Challenges

1. Peremptory challenges are made at the discretion of each party, and the judge may not prevent a peremptory challenge from being made. Magis. Ct. R. 2-603(C) and 6-605(C); Metro. Ct. R. 3-603(C) and 7-605(C).
2. The peremptory challenges must be made out of the hearing of the prospective jurors. Section 38-5-14. But see Magis. Ct. R. 2-603(C) and Metro. Ct. R. 3-603(C) (allowing each party only one peremptory challenge).
3. The party making a challenge shall be recorded by the clerk of judge and placed in the case file.
4. After all peremptory challenges have been made, the judge announces the names of the six-member jury and of the alternate juror. The judge informs the other members of the jury panel that they are excused and they may leave.
5. If an alternate juror is selected and if a party's peremptory challenges have not been exhausted in the selection of the other jurors, the party may exercise its peremptory challenge in the selection of the alternate juror.
6. Peremptory challenges are exercised as follows:

   a. Civil Trial (Magis. Ct. R. 2-603(C); Metro. Ct. R. 3-603(C))

   i. Each party is entitled to five peremptory challenges. Section 38-5-14. The plaintiff exercises the first peremptory challenge, followed by the defendant.

   ii. When there are two or more parties defendant or parties plaintiff, they shall exercise their peremptory challenges jointly, and if all cannot agree on a challenge, the challenge is forfeited. If, however, the relief sought by or against the parties on the same side differs, or if their interests are diverse, or if cross-claims are before the court, the court shall allow each party on that side one peremptory challenge. Section 38-5-14.

   b. Criminal trial (Magis. Ct. R. 6-605(C); Metro. Ct. R. 7-605(C))

   i. Each party shall exercise their peremptory challenge alternately.

   ii. In petty misdemeanor cases, each party is allowed one peremptory challenge;

   iii. In misdemeanor cases, each party is allowed two peremptory challenges.

F. Additional Jurors
Additional jurors must be selected in accordance with law in the same manner as other jurors are selected.

G. General

1. If more than one jury trial is held on the same day, the same jury array may be used for all the trials; six jurors (plus alternates) are selected from the same array for each of the trials.
2. Criminal trials must be open to the public unless there are overriding interests, i.e., circumstances that may deprive the defendant of a fair trial, in which case the trial judge must indicate these in the written findings of fact. Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 100 S. Ct. 2814, 65 L. Ed.2d 973 (1980).

Appendix

Voir Dire Instructions in Civil Cases

In this case the plaintiff _____________________. (Incorporate UJI 13-302A-E.)

Directions for Use
Settlement of the statement of the case at pretrial conference should serve as a worthwhile vehicle to identify issues and instructions that will govern the course of litigation and trial. No specific format is required, and the detail used in any statement of the case will depend upon the practice of the court and the multiplicity of claims and defenses.

13-107A. Voir dire questioning by court.
I will begin the preliminary questions. After my questions, the attorneys for the parties may have further questions. If your answer is "yes" to any of these questions, please raise your hand until you are noticed. Also, if, at any time, there is reason for you to change or add to the answers you made to the written questionnaire, please raise your hand.

I will first introduce the parties to the lawsuit.

(NOTE: The court then introduces the plaintiff. The court then introduces the defendant.)

Do any of you know the plaintiff?

Do any of you know the family or friends of the plaintiff?

Do any of you know the defendant?

Do any of you know the family or friends of the defendant?

I will now introduce the attorneys for the parties.

(NOTE: The court then introduces the attorneys for the plaintiff. The court then introduces the attorneys for the defendant.)

Do you know the attorney for the plaintiff?

Do you know the family or friends of the attorney for the plaintiff?

Do you know any of the partners or associates of the attorney for the plaintiff?

Do you know the attorney for the defendant?

Do you know the family or friends of the attorney for the defendant?

Do you know any of the partners or associates of the attorney for the defendant?

Have you, any members of your family or any of your friends ever been sued or represented by any of the attorneys in this case or any of their partners or associates?

The following people may be called as witnesses in this case: _____________.

Has anyone heard or do you know anything about this case, any parties, any witnesses or any of the circumstances surrounding the case?

Have you read about this case in the newspapers or heard anything about it on radio or television?

Have you heard anyone discussing this case or anything about the case?

(NOTE: After identifying the subject of affirmative answers to the three foregoing questions, the court may wish to pursue in private, personally or through counsel for the parties, such responses as could prejudice the jury.)

Have you or any close friend or family member ever had any injuries to your ___________________________ (leg, head, knee, low back, etc.)? (NOTE: If so, When? Where? Who? What? How? Recovery?)

Can you think of any reason that would cause you to be uncomfortable, embarrassed, biased or prejudiced to serve as a juror in this case?

Is there any fact that might prevent you from returning a true verdict based solely upon the evidence presented here in court and the law which the court will later explain to you?

Do you now have an opinion, tendency or feeling, not known to the court, that might influence your verdict in this case?

Do you have any concern that if selected as a juror in this case you might not be able to render a fair and impartial verdict?

The lawyers may now ask some questions.

Directions for Use
Before trial begins, the court should prepare and make available to counsel involved, a list of all members of the venire, showing as a minimum their names, addresses, ages and employment, together with such other pertinent information as may be helpful to determining bias, prejudice or an agenda on the part of the prospective juror.

Preliminary Instruction 13-107 includes suggestions for voir dire questioning by the court. The purpose of the voir dire examination of prospective jurors is to avoid bias and prejudice to the litigant and to obtain jurors of understanding and intelligence. The court will ask all or some of these questions to introduce topics for follow-up by counsel who will search beliefs and feelings for disqualifying bias or prejudice. There is nothing improper and it may be helpful for the court or counsel to tell the venire about factual areas of the case, or governing legal principles, to assess jury qualifications. It is improper, however, for the court to suggest: "But this would not affect your ability to act fairly, would it?"

Voir Dire Instructions in Criminal Cases
14-120. Voir dire of jurors by court.

Ladies and Gentlemen:

This is a criminal case in which the defendant(s) ________________________ [is] [are] charged with ________________________ (offense charged). If chosen as jurors, you will decide whether ________________________ (name of defendant) is not guilty or guilty. ________________________ (name of defendant) is presumed innocent. The burden is on the state to prove guilt beyond a reasonable doubt.

At this time you will be asked some questions. You should remember that there are no right or wrong answers to these questions. The best answer is the most honest answer. If you would prefer not to answer any question in front of other people, please tell us and we will address your concern privately.

You have previously given answers on a questionnaire given you by the court clerk. You may also add to your answers to those questions if your memory is refreshed about those questions here in open court.

[Though not required, before the attorneys ask questions, the court might ask preliminary questions. For example:

1. The state is represented by ________________________ (name of attorney). How many of you are familiar with ________________________ (name of attorney)? [What is your attitude about sitting on the case in which ________________________ (name of attorney) is representing one of the parties?]

2. The defendant is represented by ________________________ (name of attorney). How many of you are familiar with ________________________ (name of attorney)? [What is your attitude about sitting on the case in which ________________________ (name of attorney) is representing one of the parties?]

3. The defendant is ________________________ (name of defendant). How many of you are familiar with ________________________ (name of defendant)? What is your attitude about sitting on this case given your familiarity with ________________________ (name of defendant)?

4. Without saying what you have seen or heard, how many of you have seen or heard anything about this case from any source whatsoever, including news media or from any other person? (Those jurors who have received information should be questioned privately.)

5. It is estimated that this case will last ________________________ (length of trial). Do any of you feel that you would be caused an undue hardship by sitting in this case for that time? [What is your hardship? What would be your attitude if chosen to sit in the case?]

6. Is there any other reason that any of you feel you should not sit on this case?
The attorneys may question the jurors.]

Use Note
1. For use before jury selection. The court may wish to address a group of prospective jurors about preliminary issues such as hardship excuses before the parties address the jurors. The parties might address the jurors in smaller groups or individually as to more sensitive issues. Sample questions have been provided above. This instruction does not go to the jury room.

2. Use only the applicable bracketed alternative.

3. Fill in the charge as stated on the charging document.

4. There are three basic sources of information used by the court in jury selection:

a. The standard jury questionnaires given to all prospective jurors which contain basic demographic information;

b. Case specific supplemental questionnaires which are given to the prospective jurors in the case in question;

c. Voir dire questioning. The questioning by the attorneys is generally used for inquiry concerning the jurors' attitudes and opinions about case-related issues (for example, burden of proof, self defense, alcohol use, etc.) and as follow-up to specific information highlighted by the questionnaires (for example, a juror's knowledge of a witness).

5. It will sometimes be necessary to ask follow-up questions outside the hearing of the other prospective jurors. This is to avoid giving factual information to other jurors that they would not otherwise know and which might affect their view of the case.

6. If the answer to the question is yes, the bracketed additional questions may be given.

7. This instruction is an example of voir dire introduction, but the voir dire examination should be tailored to the particular needs of a specific case. The court should be sensitive to several factors about voir dire:

a. the size of group questioned as to a particular topic;

b. which party proceeds first;

c. the types of questions asked;

d. the length of time required for particular question areas.

These factors will depend on a number of considerations:

a. the type of case tried;

b. the sensitivity of issues. For example sexual matters, publicity or knowledge of parties might give reason for individual voir dire;

c. the age, experience, intelligence, education, ability to articulate or timidity of a particular juror;

d. the degree of seriousness of the case;

e. the information gathered in juror questionnaires;

f. the party seeking to exclude a juror.