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Understanding How the Case Gets Decided
In
this modern age, television has provided most people with
a general understanding of the court system and how the case
gets decided at trial. Personal injury cases, are decided
differently than criminal cases.
In most jurisdictions, in order for a verdict to be rendered
in a civil case, nine out of twelve jurors must agree to the
verdict. That means that three people on the jury can disagree
with the verdict, but a verdict be rendered over their objections.
In some federal court jurisdictions, six or seven people
sit on a jury, not twelve. In those instances, five or six
of those persons must agree in order for a verdict to be reached.
In some states, the procedural rules allow the lawyers to
stipulate to the use of six jurors instead of the usual twelve.
At the beginning and end of a personal injury case, the judge
will instruct the jury that they must decide the case based
upon the evidence and the law as given to them by him at the
end of the case. Evidence can only come from the witness stand.
In other words, the arguments of the lawyers is not evidence.
This includes the statements made during the jury selection
process, the opening statements and the closing arguments.
During the case, the parties submit statements of the legal
authorities that they believe accurately reflect the state
of the law on the issues which the jury will consider in a
personal injury case. The court then conducts what is commonly
referred to as a "charge conference" whereby he
decides which of the jury charges submitted by the parties
will actually be read to the jury at the close of the case.
The judge then has his staff type up the official jury charges
into a single document which will be read to the jury by the
judge after the closing arguments. These jury instructions
tell the jury how to begin deliberations and what law they
must apply to the facts and evidence they have heard from
the witness stand.
The judge also instructs the jury on how to fill out the
jury verdict form which they are provided which memorializes
the jury's answer to questions about their findings regarding
the facts and damages. Once the jury has reached a verdict
and filled out the jury verdict form, the foreperson of the
jury signs the form and returns it to the court. The judge
assembles the parties and brings the jury back into the courtroom
for the reading of the verdict.
Following the verdict, most jurisdictions allow either attorney
to "poll" the individual jurors. Polling refers
to the process by which the court deputy asks each individual
juror whether he agrees with the verdict returned by the jury.
This helps act as a check to make sure that at least nine
of the twelve jurors agree with the verdict in twelve person
juries.
Some jurisdictions also allow attorneys the right to raise
motions to set aside the jury verdict or ask for other relief
following the reading of the verdict.
The Cochran Firm - Dallas, L.L.P.
Turtle Creek Centre, Suite 1400
3811 Turtle Creek Boulevard
Dallas, Texas
75219
phone:
214.651.4260
| fax: 214.651.4261
Edward H. Moore is Board Certified, Personal Injury Trial Law. Unless otherwise noted, not certified by the Texas Board of Legal Specialization.
The statements and information provided on this web site are for the information of the recipient only. This site is not intended to provide legal advice and no attorney-client relationship should be deemed to arise from the receipt this page and its associated pages. |
Copyright © 2003 The Cochran Firm - Dallas, L.L.P.,
All Rights Reserved.
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