Jury Duty
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Jury Duty
Information for jurors serving in the circuit courts of the
state of South Dakota.
NOTICE: This brochure
is based on South Dakota law and is designed to inform, not to advise.
No person should ever apply or interpret any law without the aid of an
attorney who knows the facts and may be aware of any changes in the
law.
The right
of trial by jury shall remain inviolate and shall extend to all cases
of law without regard to the amount in controversy. . .
Article
Vl, Section 6 (Bill of Rights) Constitution of South Dakota
This booklet is prepared for jurors serving in the circuit
courts of the state of South Dakota to explain courtroom procedure and
the duties of a juror in the administration of justice.
THIS
INFORMATION IS NOT INTENDED TO TAKE THE PLACE OF THE JUDGE'S
INSTRUCTIONS.
For each jury case, the judge will give specific instructions
concerning what law applies.
Although some difference between the trial of a criminal and a civil
case will be mentioned here, for the most part no distinction is made
because both are tried under much the same rules and in the same manner.
A person receiving a jury summons should keep in mind that he may be
called upon to sit in the trial of a lawsuit and settle a dispute. It
is important to remain as impartial as possible, for without an
unbiased jury, our legal system cannot function properly.
Prospective jurors should not let anyone talk with them about any cases
that may be coming up for trial. Such conversations may be friendly but
they could also be an attempt to discover a juror's feelings or
influence him.
During the trial, the judge will instruct the jurors to refrain from
discussing the case among themselves until it is completed. The judge
will also instruct jurors not to let anyone talk with them about the
case when the court is in recess.
Along with the summons, each prospective juror receives an
acceptance
of service which must be signed and mailed back to the clerk of courts.
By doing this, each person is simply indicating he has received the
summons—signing and returning the acceptance of service does
not
require a person to serve if he has been excused by the court. If an
acceptance is not signed and returned, the sheriff must deliver the
summons at county expense.
the
jury list
The state of South Dakota is divided into jury districts
(which are the same as election precincts). In each district, public
officials named in the statutes draw the names of jurors by lot from
lists of qualified persons in their county. A new jury list is made
each year for the following calendar year.
The courts are required to hold a term (be open for the trial
of cases) at specified times each year. The presiding judge of the
court orders that names be selected by lot from the jury list of each
county. Each person selected receives notice that his name has been
drawn for a specific term of court. Jurons are summoned to appear in
court on the day and hour specified in the summons for jury duty and
may not be excused without permission of the court. (Penalties for
failure to attend, and fees and mileage payments for jurors are
provided by law.)
A person wishing to be excused from jury service must receive
permission from the presiding judge of the court. Prospective jurors
should remember that the system of jury trial is a right granted to all
persons in the state by the constitution. Jury service is both a duty
and a privilege.
Juries may be used in criminal and civil cases. Criminal cases are
those which involve violations of law for which the defendant may be
punished by fine or imprisonment. Civil cases are disputes between
parties involving personal or property rights.
Parties in a civil case: In a civil case, the parties are called
the PLAINTIFF (the one who began the lawsuit)
and the DEFENDANT.
If, for example, the case is called John Jones vs. the Zero Company, or
John Jones vs. Susan Smith—then John Jones is the plaintiff and
the Zero Company, or Susan Smith, is the defendant.
Parties in a criminal case: The parties in a criminal case are the
PROSECUTION and the accused or defendant. If the case is called the
State of South Dakota vs. John Jones, or the City of Aberdeen vs. John
Jones—the state or city is the prosecution and John Jones is the
accused or defendant.
Issues in a civil case: A civil case involves the claim of the
plaintiff against the defendant ... and the defense of the defendant
against that claim. It can also involve the claim of the defendant
against the plaintiff and this is called the COUNTERCLAIM.
There may also be CROSS CLAIMS between defendants or by defendants
against third parties.
Issues in a criminal case: At issue in a criminal case is whether
the accused is guilty of the offense. Generally the jury is charged
only with deciding if the accused is guilty or not guilty.
pleadings
The law requires that pleadings (the claims of all parties) in a
civil lawsuit be in writing. Everything the jury needs to know in
connection with the pleadings will be presented in court.
In civil cases, a lawsuit is started
with a SUMMONS AND COMPLAINT served upon the defendant. They may be
"served" by delivering personally to the defendant, leaving them at the
dwelling of the defendant, or publish. ing in a newspaper.
The defendant then serves a written ANSWER to the claim made by the plaintiff.
If the defendant has a claim against the
plaintiff which the law permits bringing to trial at the same time the
plaintiff's case is tried, this claim is put into writing. It is called
the COUNTERCLAIM.
If the defendant makes a counterclaim, the plaintiff
submits a written pleading called a REPLY—the plaintiff's answer
to the defendant's counterclaim.
After a series of
pre-trial procedures, one party serves a CERTIFICATE OF READINESS FOR
TRIAL and the lawsuit is placed on the calendar of cases to be tried to
the court or to a jury.
In criminal proceedings, the complaint of the state of South Dakota
or of a city is in writing. The answer of the defendant is made orally
in court and is generally a simple statement of "guilty" or "not
guilty." A counterclaim does not exist in a criminal action.
The names of the prospective jurors are written on slips of paper
arid placed in a box. After the name of the case to be tried is
announced, the judge instructs the clerk of courts to call the jury.
The clerk mixes the names, then draws a slip of paper from the box and
calls out the name. That person takes a seat in the jury box (a group
of chairs near the front of the courtroom). This continues until a
specific number of prospective jurors (and in some cases, alternate
jurors) has been selected.
Jurors take an oath to answer
questions concerning their qualifications to serve as jurors. This is
called the VOIR DIRE (pronounced "vwar deer"). The lawyers representing
each of the parties to the lawsuit make a general statement concerning
what the suit is about and then begin questioning the prospective
jurors to determine if they know anything about the case and if they
are qualified to serve as members of the jury.
In the course of the voir
dire examination, additional names (from the original panel list) may
be drawn by the clerk. This happens because prospective jurors may be
dismissed through a PEREMPTORY CHALLENGE (law
which allows
either side to remove a specific number of prospective jurors without
stating reasons).
In addition, if any prospective juror has shown disability, interest or
bias, he may be CHALLENGED FOR CAUSE. If the judge finds the cause
sufficient, the juror will be excused from service on the case.
Eventually twelve (or in some cases, six) jurors are seated. They take an oath to try the case fairly.
At this point the actual trial to the jury begins.
A trial generally proceeds as follows.
The OPENING STATEMENT of the lawyers: In
a civil case, the lawyer (or in complicated cases, several lawyers) for
the plaintiff begins by giving the jury a preview of what he expects to
prove and to recover.
In a criminal case, the state's attorney will make the opening
statement, explaining the charge and the case against the defendant.
The lawyer for the defendant (or accused) may either give his opening
statement or reserve it until the state rests its case against the
accused.
PLAINTIFF'S EVIDENCE: After the
opening statements, the plaintiff's lawyer (or in a criminal case, the
state's or city attorney) will call witnesses, each of whom will take
an oath and give testimony. During the examination (questioning of
witnesses), exhibits (such as writings, photographs, plans, etc.) may
be offered as evidence in the case. If the judge rules the exhibits are
to be received into evidence, jurors may examine them and those
exhibits will be taken into the jury room during deliberation on the
case. Under certain circumstances, jurors may, under court supervision,
leave the courtroom to look at a particular site or object.
When examining the witnesses, the plaintiff's lawyer asks the questions first and this is called DIRECT EXAMINATION.
The defendant's lawyer then CROSS
EXAMINES the witness. Generally, cross examination is limited to
questions concerning matters brought up in direct examination.
After the cross examination, the plaintiff's
lawyer may again question the witness (this is called REDIRECT), and
this may be followed by recross examination.
This process of examining and cross examining witnesses and
receiving exhibits continues until the plaintiff has put his evidence
before the jury. At this time, the plaintiff's lawyer will state to the
court, "Plaintiff rests." In a criminal case, the state's (or city)
attorney says, "The state (or city) rests."
DEFENDANT'S EVIDENCE: After the plaintiff has rested, the defendant
calls witnesses to defend against the claim of the plaintiff. If there
is a counterclaim, witnesses proving the counterclaim may also be
called.
The defendant's lawyer examines the witnesses first on direct
examination, then the plaintiff's lawyer cross examines. The
defendant's case continues in essentially the same manner as the
plaintiff's until the defendant's lawyer states to the court,
"Defendant rests."
According to federal and state constitutions, the defendant in a
criminal case is not required to testify or offer any evidence in
defense of the charge against him.
PLAINTIFF'S REBUTTAL EVIDENCE: The plaintiff may call witnesses to respond to testimony given in the defendant's case. This is called REBUTTAL.
PREPARATION OF INSTRUCTIONS:
After both parties have rested, there is usually a recess while the
judge, with the assistance of the lawyers involved, prepares
instructions for the jury.
CHARGE TO THE JURY: After the
instructions have been prepared, the judge, jurors, lawyers and parties
reassemble in the courtroom for the charge to the jury, in which the
judge reads the instructions to the jury.
These instructions tell the jury what the law is concerning this
particular case. THE JURY IS RESPONSIBLE FOR DETERMINING THE FACTS OF
THE CASE. THE COURT AT ALL TIMES DETERMINES THE LAW.
ARGUMENT: The case is then argued by lawyers for
the parties. In this argument, the lawyers review the testimony and
usually state their respective theories of the case to the jury. The
plaintiff's lawyer begins the argument and is followed by the lawyer
for the defendant. Each side
is entitled to the same amount of time (set by the judge) to argue,
although the plaintiff has the privilege of dividing the time and
making a CONCLUDING ARGUMENT.
DELIBERATION: Court bailiffs are sworn to
take charge of the jury which withdraws to a private place to decide
the issues. Jurors take with them their recollection of the testimony
of the witnesses, the exhibits introduced at the trial and a copy of
the court's instructions. The jury returns to the courtroom after
having reached a verdict.
DECISION: The court's instructions tell the jury how many of them must
agree to reach a decision. After a decision has been reached, or if
agreement is impossible, the jury returns to court.
In a criminal case, the judge will ask the jury if a verdict has been
reached. The foreperson will state orally that the defendant was found
guilty or not guilty of the various charges, or that the jury cannot
agree on a verdict.
In a civil case, the foreperson will have completed and signed a
written form stating the verdict, unless agreement was not reached. The
foreperson hands it to the clerk who reads it in open court.
In criminal and civil cases either side
may then request that the jury be POLLED. This means that each juror
must state orally whether he voted for or against the majority decision.
As explained eanlier, the evidence submitted for consideration by
the jury includes oral testimony, the exhibits and a view of anything
outside the courtroom as allowed by the court. Over the course of many
centuries, certain rules have been established as to what evidence may
be admitted in a trial and there are laws dealing with evidence to be
considered by a jury.
THE PURPOSE OF THESE RULES AND THIS PROCEDURE IS TO DISCOVER
AND PRESENT PROPER EVIDENCE TO THE JURY SO THAT IT MAY DETERMINE THE
TRUTH AND A FAIR TRIAL AND PROPER RESULT BE ASSURED.
During the course of a trial, OBJECTIONS to the evidence may be made by lawyers. The judge must decide if the objection is proper and if so, the judge will SUSTAIN the objection. If
the evidence is proper, the judge will OVERRULE the objection and the
evidence will be submitted for consideration by the jury. If the
objection involves something that should not be discussed in front of
the jury until the judge reaches a decision, the jury will be excused
from the courtroom or the lawyers and judge may retire to the judge's
chambers to discuss the matter. When the judge reaches a decision, the
trial resumes.
THE MERE FACT THAT A LAWSUIT HAS BEEN STARTED IS NOT IN
ITSELF EVIDENCE IN THE CASE, NOR SHOULD THE STATEMENTS AND ARGUMENTS OF
THE LAWYERS BE CONSIDERED AS EVIDENCE. THE JURY SHOULD DISREGARD
ANYTHING THE JUDGE ORDERS OR DIRECTS TO BE DISREGARDED.
While each court is conducted as the presiding judge thinks best, a
court session generally begins when the bailiff raps a gavel and
everyone in the courtroom rises. The judge is seated behind a table
called the bench and the clerk or judge announces the name of the case
to be tried.
Common courtesy and politeness are guides to the actions of jurors. No juror should read or talk in the jury box.
Jurors will be treated with every consideration and their comfort and
convenience will be served whenever possible. Jurors should bring any
matter affecting their service, including personal emergencies, to the
attention of the judge. A juror may send word to the judge through any
court officer that he wishes to see the judge privately.
WHEN IN DOUBT CONCERNING ANY ASPECT OF A CASE, A JUROR SHOULD ASK THE JUDGE.
Jurors must not talk about the case to other members of the jury,
lawyers or parties involved, or with any other person until the trial
is over and a decision is reached.
Jurors should avoid any situation which might give the appearance they
are discussing any subject with the lawyers or parties involved in the
case.
Jurors should avoid radio and television broadcasts and newspaper accounts of the case.
THE JURY'S VERDICT MUST BE BASED ONLY ON THE EVIDENCE PRESENTED IN COURT AND THE INDIVIDUAL JUROR'S EVALUATION OF IT.
If any person tries to talk to a juror about a case the jury is hearing, the juror should:
- Tell the person it is improper for a juror to discuss a
case or receive any information about it except during the course of a
trial.
- Refuse to listen if the person persists.
- Report the incident to the judge at once.
Improper conduct by a member of the jury during the course of
a trial may make a new
trial necessary.
If, during the trial, a juror learns elsewhere of a fact about the
case, the judge should be informed although it should not be mentioned
in the courtroom.
Individual jurors should never inspect the scene of an accident or
other event in a case. If the judge decides it is necessary, an
inspection will take place under court supervision.
There are some cases which may draw much public
discussion or attention. In such cases, the jury may be SEQUESTERED
(kept together) until a verdict is reached. This is done to protect the
jurors from outside influence.
During the trial, each juror should give close attention to the
testimony. Jury members are sworn to keep an open mind, disregard
personal prejudices, follow the instructions of the court and to come
to a verdict according to their best judgment.
Jurors are expected to use their experience, common sense and common
knowledge. They are not to rely on any private source of information in
deciding a case.
After retiring to the jury room to decide the
case, the jurors first elect a FOREPERSON. This should be someone who
is capable of presiding, and who will give each juror a fair
opportunity to express individual views.
In a criminal case, all jurors must agree on a verdict. In a civil
case, the instruction of the court will state how many must agree.
Jurors must enter the discussion with an open mind. They should
exchange views freely and should not hesitate to change opinions.
Jurors have a duty to give full consideration to the opinion of their
fellow jurors. They should try to reach a verdict whenever possible. NO
JUROR IS REQUIRED TO GIVE UP ANY OPINION WHICH THAT JUROR IS CONVINCED
IS CORRECT.
The members of a jury are sworn to pass judgment on the facts of a
particular case. They have no concern beyond that. THEY VIOLATE THEIR
OATH IF THEY MAKE THEIR DECISION ON THE BASIS OF THE EFFECT THEIR
VERDICT MAY HAVE ON ANY OTHER SITUATION.
It would be wrong for a judge to decide a case by tossing a coin or
drawing lots. It would be just as wrong for a juror or jury to do so.
Under most circumstances, jurors need not tell anyone how the jury
arrived at the verdict. A disclosure is required only if a judge orders
a juror to reveal such matters.
To decide cases fairly, jurors must be honest, intelligent and have
both integrity and judgment. Our jury system is based on these
attributes, and the efficiency of our court system depends on them.
To meet their responsibility, jurors must decide the facts and apply
the law impartially. They must not favor either the rich or the poor.
They must treat all men and women, corporations and individuals alike.
Justice should be given to all persons without regard to race, national
origin, creed, color or sex.
Jury service is the fulfillment of a civil obligation. Conscientious
service brings its own rewards in the satisfaction of an important job
well done. There is no more valuable work the average citizen can
perform in support of the American system of justice than the full and
honest discharge of jury duty.
JURY
DUTY IS ONE OF THE
HIGHEST DUTIES OF CITIZENSHIP. BY THIS
SERVICE THE CITIZEN PARTICIPATES IN THE ADMINISTRATION OF JUSTICE
BETWEEN INDIVIDUALS AND
BETWEEN GOVERNMENT AND THE CITIZEN.
The State Bar of South
Dakota
222 E. Capitol
Pierre, SD 57501
(Revised 11/99)
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