New York County - Civil Branch
Jury Selection
THE JURY SELECTION PROCESSConcerning: Procedures / Telephone Call-In / Relevant Rules
A major goal of the Court is, with the cooperation of the County Clerk, to administer the jury selection process so that jurors are utilized to try cases, not as tools to induce settlements; 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) 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. Generally speaking, each side is allotted one hour and a half to question jurors. A JHO, or in some cases the Justice assigned to try the case, will rule on all issues that arise during selection. Attorneys may not interrupt voir dire to seek a ruling from the trial Justice without consent of the JHO. If a record needs to be made regarding a ruling of the JHO, that shall be done at the end of jury selection or as directed by the JHO.
The actual process of jury selection shall take place in accordance with Rule 202.33 and Appendix E of the Uniform Rules for the Trial Courts. All jury selections that are not being supervised by the trial Judge are to select using the struck method. In order to have non-designated alternates, the attorneys must agree.
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.
Once a jury is selected, the case will proceed promptly to a trial Justice. Attorneys and jurors may be asked to remain available until a trial Justice becomes free to take the case. The Administrative Coordinating Judge (Parts 40, 27C) may on occasion direct the jury to report the next day at a particular time to be referred to a Justice for the trial and jurors and counsel must be sure to report at the time set by the Administrative Coordinating Judge. 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 to which a jury is to be sent will proceed with the trial shortly thereafter given the five-day time limits. Stacking of juries is prohibited. The Part will instruct a selected jury to return for the beginning of trial at the earliest possible moment and in any event no later than the five-day maximum allowed under Rule 128.8 (b).
March 2006
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