Chapter 1 An Overview

• Library: Picking a Civil Jury: A Guide for Illinois Trial Lawyers (2015 Ed.)

CHAPTER 1 - AN OVERVIEW

"Never forget, almost every case is won or lost when the jury is sworn."
- Clarence Darrow

In studying the jury selection process, it is helpful to consider its various stages. The process begins with the jury demand and later summoning members of the community to convene at the courthouse for jury duty. The process usually concludes with the trial judge or clerk swearing in the jurors who will hear your case. This book explains each stage of the jury selection process - from the time the jury demand is made to administration of the jurors' oath - and offers suggestions for you on how to prepare for and effectively participate in the process that may well determine the outcome of your case.

I. The Stages of Jury Selection

The stages of jury selection include the following:

1. The Jury Demand

2. Summoning the Venire

3. Impaneling Prospective Jurors

4. Voir Dire by the Court

5. Voir Dire by the Attorneys

6. Challenges for Cause

7. Peremptory Challenges

8. The Administration of the Oath to the "Petit Jury" (i.e., the jurors selected to hear the case)

A. The Jury Demand

Before filing any lawsuit or answer to a lawsuit, you should carefully consider whether to make a jury demand. The demand must be filed with the Complaint or Answer, otherwise the right to a jury may be deemed waived.¹

B. Summoning the Venire

The process of selecting the names of members of the community to serve for jury duty is dictated by statute.² Those summoned for jury duty receive their summons by mail, or service by the Sheriff.³ With the summons, the prospective jurors receive questionnaires concerning any hardship that service may cause (due to job, health, family, etc.) and their general qualifications. Much of the information gathered from these juror questionnaires is given to the parties' attorneys before voir dire begins.

When the members of the venire arrive at the courthouse for jury duty, they will receive some form of orientation. At the very least, they will receive an instructional handbook and, more often, will view a video presentation perhaps narrated by the court's Chief Judge. These videos are often accessible on-line and we recommend that you review the videos made available by the courts that you practice in.

C. Impaneling Prospective Jurors

All the prospective jurors summoned will be assigned a number. After orientation, numbers are randomly selected for the prospective jurors, which correspond with the particular courtroom that they will be...