M Civ JI 1.01: Introductory Comments
M Civ JI 1.02: Defining Legal Names of Parties and Counsel
M Civ JI 1.03: Explanation of Jury Selection and Voir Dire
M Civ JI 1.04: Juror Oath Before Voir Dire
M Civ JI 1.05: Prospective Jurors—Health and Other Problems
M Civ JI 1.10: Juror Oath Following Selection
Ladies and gentlemen, I am Judge _______, and it is my pleasure to welcome you to the ________ Court.
You have been called here today for possible selection as a juror in a civil case. The remarks which I am about to make are intended as an outline of the trial of this case so that you may be generally aware of what occurs during a trial and some of the legal principles that control the conduct of civil cases.
I know that jury duty may be a new experience for some of you. Jury duty is one of the most serious duties that members of a free society are asked to perform. Our system of self government could not exist without it.
The jury is an important part of this court. The right to a jury trial is an ancient tradition and part of our heritage. The parties have a right to a jury that is selected fairly, that comes to the case without bias, and that will attempt to reach a verdict based on the evidence presented. Therefore, jurors must be as free as humanly possible from bias, prejudice, or sympathy for either side. Each side in a trial is entitled to jurors who keep open minds until the time comes to decide the case.
History
Amended January 1993, October 1993, September 2007. TOP
This is a civil case involving [ Describe case briefly. ], which I will explain more fully later.
The person bringing this case is called the plaintiff. The plaintiff is [ State plaintiff's name and indicate where seated. ]. The lawyer for the plaintiff is [ State lawyer's name and indicate where seated. ]. The person defending the case brought by the plaintiff is called the defendant. The defendant is [ State defendant's name and indicate where seated. ]. The lawyer for the defendant is [ State lawyer's name and indicate where seated. ]. [ Describe the function of other persons seated at the counsel table. ].
History
Amended January 1993, October 1993, September 2007. TOP
A trial begins with jury selection. The purpose of this process is to obtain information about you that will help us choose a fair and impartial jury to hear this case.
During jury selection [ the lawyers and ] I will ask you questions. The questions are meant to find out if you know anything about the case. Also, we need to find out if you have any opinions or personal experiences that might influence you for or against a party or witness. One of these could cause you to be excused, even though you may be otherwise qualified to be a juror.
The questions may probe deeply into your attitudes, beliefs, and experiences. The law requires that we get this information so that an impartial jury can be chosen. They are not meant to be an unreasonable prying into your private life.
If you do not hear or understand a question, you should say so. If you do understand it, you should answer it truthfully and completely. Please do not hesitate to speak freely about anything you believe we should know.
During jury selection you may be excused from serving on the jury in one of two ways. First, I may excuse you for cause; that is, I may decide that there is a valid reason why you cannot or should not serve in this case. The second way to be excused is by one of the lawyers. The law gives the lawyers for each side the right to excuse a limited number of jurors without giving any reason for doing so. If you are excused, don't feel bad or take it personally.
During the course of the jury selection process, if there is any matter you wish to discuss in private, please raise your hand or write a note to the bailiff.
History
M Civ JI 1.03 was added September 1980.
Amended October 1993, March 1996, September 2007. TOP
I will now ask you to swear or affirm to answer truthfully, fully, and honestly all the questions that you will be asked about your qualifications to serve as a juror in this case. Please stand and raise your right hand.
“Do you solemnly swear or affirm that you will truthfully and completely answer all questions about your qualifications to serve as jurors in this case?”
History
M Civ JI 1.04 was added October 1993.
Amended September 2007. TOP
The witnesses who may be called in this case are: [ Read list of witnesses without designation of party who will call them. ]. Does anyone know the [ defendant / defendants ], the [ plaintiff / plaintiffs ], or any of the lawyers or witnesses?
We think this trial will last for [ number of days / number of weeks ]. If you believe that the length of the trial will be a real hardship for you, please let me know now.
History
M Civ JI 1.05 was added October 1993.
Amended March 1996, September 2007. TOP
I will now ask you to swear or affirm to perform your duty to try the case justly and to reach a true verdict. Please stand and raise your right hand.
“Do you solemnly swear or affirm that, in this case now before the court, you will justly decide the questions submitted to you, that, unless you are discharged by the court from further deliberation, you will render a true verdict, and that you will render your verdict only on the evidence introduced and in accordance with the instructions of the court, so help you God?”
History
M Civ JI 1.10 was added October 1993.
Amended September 2007. TOP