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New York StateUnified Court System

Jury Selection


Concerning:  Procedures / Telephone Call-In  /  Relevant Rules

The Court, in cooperation with the County Clerk, seeks to assure that jurors are selected quickly, but with full and fair opportunity for questioning by counsel; the time of prospective and selected jurors is conserved; and the experience of jury service is as meaningful as possible. See Uniform Rule 202.33.

The County Clerk’s jury clerk will assign and reassign jury selection rooms according to the order in which cases appear for selection, the complexity of the cases and the number of attorneys and prospective jurors involved. Attorneys who are sent to select must appear in the Central Jury Room (Room 452) or a selection room at 71 Thomas Street (Room 100) or 111 Centre (Room 362 or 1121) promptly. Attorneys directed to appear at the start of a day should be present by 9:30 AM at the latest.

The staff of the Jury Room provides jury questionnaries to counsel in advance of the voir dire process. In the past, JHOs frequently supervised jury selection. With the indefinite suspension of the Judicial Hearing Officers program in 2011, selection will be supervised by the Justice assigned to try the case.

The actual process of jury selection shall take place in accordance with Uniform Rule 202.33 and Appendix E of the Uniform Rules for the Trial Courts. For additional information, please consult the pamphlet Implementing New York's Civil Voir Dire Law and Rules (January 2009)(which is accessible at the following address: http://www.nycourts.gov/publications/pdfs/ImplementingVoirDire2009.pdf).

If a juror requests confidentiality or an attorney concludes or is advised by a juror that a response may poison the panel, the attorneys may withdraw the juror from the room or to a place outside the presence of the rest of the panel for further inquiry.

If jury selection continues into the following day, the Jury Clerk will determine the presence of all necessary persons in the selection room. The voir dire will continue at 9:30 AM sharp.

All counsel are assigned selection rooms on a first-come, first-served basis. If there should be a delay in reaching a case, counsel shall remain available until told otherwise to enable the Jury Clerk to report when a selection room becomes available.

On very rare occasion, a jury may be placed "on TCI" (telephone call-in), that is, required to telephone the County Clerk for information about when the case will commence. A jury can remain in this status for only five days. Rule of the Chief Administrative Judge 128.8 (b). If the case does not commence by that point, the jury must be disbanded. Rule 128.8 (a). Obviously, it is important for all concerned that disbandments not occur. Once the jury is selected, the Part assigned will proceed with the trial shortly thereafter. Stacking of juries is prohibited.

November 2012