Kevin S. Sanders
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Vol. 2

SO YOU HAVE BEEN SUMMONED FOR JURY DUTY

by Kevin S. Sanders, Attorney-At-Law

No. 4
Copyright 1997 - 2004
 

As a juror you have been summoned to render an important service and for a short time you will serve as an officer to the Court. As a juror, you are part of the judicial system of our state and your services are as important as those of the judge. The judge's duty is to instruct you correctly as to the law in each case. You are required to base your verdict upon the evidence as you hear it in the court and upon the law as the judge instructs you in it. You are obligated to perform this service honestly and conscientiously, without fear or favor.

You should report to the bailiff of the proper court or jury facility on the date and the hour stated in your summons. The bailiff is the sheriff or deputy sheriff who is assigned to duty in the courtroom. The bailiff will advise you whether you are reporting at the correct place and will show you where to sit in the courtroom. He will be available at all times during the court sessions. Unfortunately, delays are an unavoidable part of our judicial system. Judges and lawyers will make every effort to keep the cases moving along so that the individual jurors will not be required to wait unnecessarily, but there will be idle time caused by unavoidable delays and jurors are encouraged to use that time to catch up on reading, letter writing, needlework or other activities which can be done with a minimum of noise. Generally, you will be permitted to return home at the close of the day's session in court.

To be selected for jury duty you must be at least 18 years of age, a Florida citizen and registered electors of your county of residence. All persons who are summoned to serve as jurors must attend unless they have been excused by the court in advance. Attendance is essential to the fair administration of justice. People who fail to respond to a jury summons without being properly excused can be fined  and, in addition, held in contempt of court. The court may excuse you from jury duty under certain circumstances, some of which include an expectant mother, a parent who is not employed full time and who has custody of a child under six years of age, a person who can show that serving would create a hardship, extreme inconvenience, or public necessity, a person 70 years of age or older, a person who has served as a juror in any court within two years of the first day of the calendar year for which he/she is being considered, a presiding judge may, at his/her discretion, excuse a practicing attorney, a practicing physician or a person who is physically inform from jury duty.

You will be paid per day for attendance in a Florida circuit or county court plus mileage for travel to and from the court. Federal court jurors are paid higher per day and higher mileage for travel.

Two oaths will be administered to you after you report to the court for jury service. You must answer, under oath, questions concerning your qualifications. General questions regarding your qualifications will first be asked by the judge. Then, when you are recalled to the panel for a particular case, the lawyers have the right to ask questions of you, in addition

to those asked by the judge. If you have never served before, some of the questions may seem very personal, but are not intended to embarrass or reflect upon a juror in any way.

There are many reasons why a person originally on the jury panel might not be considered a wholly fair and impartial juror in the particular case about to be tried....there may be some subconscious prejudice regarding the type of case, the prospective juror might be closely related to one of the parties in the case, have a business relationship with one of the lawyers or have some personal knowledge of the case.

After being sworn in, the jury hears the plaintiff's lawyer outline the nature of the case and the evidence that will be offered in support of the plaintiff's case. Afterwards, the defense lawyer may make an opening statement for the defendant, or the lawyer may reserve his/her statement until the plaintiff has completed his case. Witnesses are called and examined and cross-examined, arguments are made, concluding arguments are made in reply and after all of these have been made, the judge instructs the jury on the law. During the trial, the judge decides all disputes about the law and the rules for trying the case and will tell you the principal questions you are to decide. It is at this time that the power and responsibility moves from the bench to the jury room where you will consider the testimony and the instructions given by the court.

It is important that you not be late for court sessions; that you sit in the same seat in the jury box, that you listen to every question and answer, that you not talk about the case, that you not be an "amateur detective", that you control your emotions and if you are in doubt about your rights or duties as a juror, you ask only the judge for information.

Your first duty when the jury begins deliberations is to select a foreman. The foreman acts as chair. The chair sees that discussion is carried on in sensible and orderly fashion, that issues submitted for your decision are fully and fairly discussed, that every juror has a chance to say what he or she thinks upon every question. The foreman will sign your verdict when you arrive at one. In selecting a foremen, it is well to select someone of experience and general knowledge, if possible, for with a good foreman discussion is kept in due bounds, much time is saved and better results are secured. In many civil cases, you may have to determine whether there is any liability to pay damages and, if so, how much. It is suggested that you determine the issue of liability first, independently of the issue of damage amounts.

In discharging your duty as a juror, you must conduct yourself in such a way that no one can question your uprightness.

Justice will be done if jurors base their verdicts solely upon the evidence and upon the judge's instructions as to the law, rather than upon their own notions of what the law is or ought to be. In any case of any doubt as to the proper conduct or any question regarding the trial of the case, the juror should consult a judge. The judge is always in charge during the course of a trial. The judge is always ready and available to determine all questions of law pertaining to the case being tried.

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