Rule13




RULE 13 - JURY MANAGEMENT PLAN RULE 13.1 - SERVICE Jury service is an obligation of all qualified citizens of Miami County, Ohio and the opportunity for jury service shall not be denied or limited on the basis of race, national origin, gender, age, religious beliefs, income, occupation, disability or any other factor that discriminates against a cognizable group. The jury size and unanimity in civil and criminal cases shall conform with existing Ohio law. RULE 13.2.1 - JURY SOURCE LIST - RANDOM SELECTION PROCEDURE The jury commissioners shall receive a certified jury source list from the Board of Elections containing a list of registered voters no later than December 31^st of each year. Pursuant to Court order, the Court shall fix the number of jurors upon the annual and supplemental jury list, to be selected from the list certified to the jury commissioners. The Court shall designate a key number based on the total number of registered voters and the number of jurors needed for a year of service and shall designate a starting number for the purpose of using the key number. The annual and supplemental jury list shall be drawn no later than sixty days prior to the commencement of a jury year. The jury year is hereby established from May 1^st to April 30^th of each year. The jury year shall be divided into three terms, commencing May 1^st, September 1^st, and January 1^st. By court order, petit jurors shall be drawn no later than thirty days prior to the commencement of each term from the annual and supplemental jury list. The Court further adopts the use of magnetic tapes and/or disks and the use of an automated information retrieval system in randomly selecting the annual jury list and the jurors for each term. RULE 13.2.2 - ELIGIBILITY FOR JURY SERVICE All persons shall be eligible for jury service except the following: A. A Person under 18 years of age; B. Non-citizens of the United States; C. Non-residents of the Miami County Municipal Court jurisdiction; D. Those not able to communicate in the English language; E. Felons who have not had their civil rights restored; F. Any person adjudged to be an incompetent. RULE 13.2.3 - TERM OF JURY SERVICE The time that persons are called upon to perform jury service and be available will be the shortest period consistent with the needs of justice. Jurors shall be "on call" for a one month period. They do not report unless told to do so. RULE 13.2.4 - EXEMPTION, EXCUSE AND RESCHEDULING There are no automatic excuses or exemptions with the exception of statutory exemptions from jury service. Prospective jurors may be exempt, excused, or deferred from jury service in accordance with the Ohio Revised Code and Standard 6 of the Ohio Trial Court Jury Use and Management Standards. Requests for excuses, exemptions and rescheduling must be in writing and submitted to the Deputy Jury Commissioner who shall forward them to the appropriate Judge for decision. RULE 13.2.5 - JUROR USE The Court shall employ the services of prospective jurors so as to achieve optimum use with a minimum of inconvenience to jurors. The Court shall determine the minimally sufficient number of jurors needed to accommodate trial activity. This information and appropriate management techniques shall be used to adjust both the number of individuals summoned for jury duty and the number assigned to jury panels. RULE 13.2.6 - JUROR COMPENSATION A. Persons called for jury service shall receive a reasonable fee for their service and expenses pursuant to statutory authority. B. Such fees shall be paid promptly. C. Employers shall be prohibited from discharging, laying off, denying advancement opportunities to, or otherwise penalizing employees who miss work because of jury service. RULE 13.3 - NOTIFICATION AND SUMMONING PROCEDURE A. Every person summoned as a regular juror shall be served at least forty-eight (48) hours before the time he or she is to appear in Court to answer said summons. B. The notice summoning a person to jury service and the questionnaire eliciting essential information regarding that person shall be: 1. Combined in a single mailing; 2. Phrased so as to be readily understood by an individual unfamiliar with the legal and jury system; and 3. Delivered by ordinary mail. C. All summons shall clearly explain how and when the recipient must respond and the consequences of a failure to respond. D. The jury questionnaire shall be phrased and organized so as to facilitate quick and accurate screening and shall request only that information essential for determining whether a person meets criteria for eligibility; providing basic background information; and efficiently managing the jury system. RULE 13.4 - VOIR DIRE A. Voir dire examination shall be limited to matters relevant to determining the jurors fairness and impartiality. B. Basic background information regarding panel members will be made available to counsel for each party. C. The trial Judge shall conduct a preliminary voir dire examination. Counsel will then be permitted to voir dire panel members for a period of time not to exceed fifteen (15) minutes unless a greater time is allowed by the trial Judge. D. The Judge shall ensure that the privacy of prospective jurors is reasonably protected, and questioning is consistent with the purpose of the voir dire process. E. In criminal cases, the voir dire process shall be held on record. In civil cases, the voir dire shall be held on the record unless waived by the parties. RULE 13.5.1 - REMOVAL FROM THE JURY PANEL FOR CAUSE If the Judge determines during the voir dire process that any individual is unable or unwilling to hear the particular case at issue fairly and impartially, that individual may be removed from the panel. Such a determination may be made on motion of counsel or by the Judge. RULE 13.5.2 - PEREMPTORY CHALLENGES A. In civil cases, the number of peremptory challenges shall not exceed three for each party. If the Court finds that there is a conflict of interest between parties on the same side, the Court may allow each conflicting party up to three peremptory challenges. B. In criminal cases, the number of peremptory challenges shall not exceed four for each party when a sentence of imprisonment may be imposed upon conviction and in addition, one additional peremptory challenge shall be allowed for each defendant in a multi-defendant criminal proceeding. C. In criminal and civil proceedings, each side will be allowed one peremptory challenge if one or two alternate jurors are impaneled, two peremptory challenges if three or four alternates are impaneled, and three peremptory challenges if five or six alternates are impaneled. These additional peremptory challenges shall be used against an alternate juror only, and the other peremptory challenges allowed by law shall not be used against an alternate juror. RULE 13.6 - JURY DELIBERATIONS A. Jury deliberations shall take place under conditions and pursuant to procedures that are designed to ensure impartiality and to enhance rational decision making. B. The Judge shall instruct the jury concerning appropriate procedures to be followed during deliberations. C. The jury shall not be sequestered except under the circumstances and procedures set forth in Local Rule 13.7 herein. D. A jury shall not be required to deliberate after a reasonable hour unless the trial Judge determines that evening or weekend deliberations would not impose an undue hardship upon the jurors and are required in the interest of justice. RULE 13.7 - SEQUESTRATION OF JURORS A. A jury shall be sequestered only for good cause, including but not limited to insulating its members from improper information or influences. B. The trial Judge shall have the discretion to sequester a jury on the motion of Counsel or on the Judge's initiative and shall have the responsibility to oversee the conditions of the sequestration. C. Training shall be provided to personnel who escort and assist jurors during sequestration.

		Home \| Jurisdiction \| Programs \| Staff \| Rules \| OhioJS \| Links \| Forms

	Web pages built and hosted by Rhombus Technologies, Ltd., home of OntheSquare.com