No matter the courtroom, voir dire always starts the same
way: jurors swear to tell the truth during the questioning that will
follow. But the truth, it seems, isn’t
always so clear.
That became apparent earlier this year when a Florida judge
was asked to consider ordering a new trial when plaintiff’s counsel learned –
after a defense verdict – that all of the six jurors hearing the case withheld
information about their own encounters with the legal system.
For some if not all of these jurors, the failure to disclose
may not have been malicious; jurors later told reporters they didn’t know
something such as a bankruptcy or a paternity suit constituted being “involved
in a legal proceeding,” especially when the case at hand involved a seemingly
unrelated issue, a civil action stemming from an assisted living facility
resident’s deadly fall. But it’s clear
such information about a potential juror’s background could be crucial in
deciding their ability to fairly hear a case – for example, are they bitter
toward the legal system after their experience?
What does their experience tell them about expert witnesses?
It’s clear jurors can’t always be trusted to provide all
relevant information, even if their sins are really more of omission rather
than outright mistruths. That’s why it’s
so important to investigate juror backgrounds before trial starts: Do they owe
your client money? What do they “like”
on Facebook? Do court records reveal
information they haven’t disclosed?
That Florida judge is still considering his decision to
order a new trial. Still, it’s a safe bet both sides are wishing they had
done more homework on their venire before trial so there wouldn’t be any
surprises afterward – especially one that might result in hundreds of thousands
of dollars in legal fees to retry the case.
If you would like to talk through strategy for investigating
potential jurors for an upcoming trial, contact Senior Vice President
Claire Luna at cluna@juryimpact.net
or 714.754.1010.
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