Judge Scott J. Crichton Civil Jury Trial Checklist
Wednesday, Sep 12, 2012 11:19am

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1. Inquire as to adequacy of the jury cash deposit and that it was timely paid (60 days prior to jury trial). It should be $3,200.00 (the minimum amount for any jury trial). There should be inquiry as to expected duration of trial. If the case is expected to take longer than a week, the amount will be increased. If it is a pauper case, review affidavit again to make certain all questions have been properly answered. Ask attorneys if there are any material changes in the applicant’s financial condition. Pursuant to C.C.P. art. 5183B and Uniform Rule 8.1, the Court may “reconsider such an order (pauper status order) on its own motion at any time in a contradictory hearing”. Under C.C.P. 5182, pauper status is a “privilege” which “shall be restricted to litigants who are clearly entitled to it”.
   
   
2. Verify through Deputy Clerk Mike Spence (226-6776) that all court costs due Clerk of Court have been paid.
   
   
3. Make certain that attorneys have exchanged all exhibits and that exhibit notebooks have been prepared for the jury. The notebooks should contain table of contents or index and should be tabulated. There should be an “original” for the Clerk of Court, 14 for jury (12 person jury trial with 2 alternates), one for each counsel and one for the Court.
   
   
4. Counsel should pick up jury questionnaires (which are available Friday before Monday jury trial) and review prior to voir dire. Of course, there should be no contact by any counsel or party with any prospective juror.
   
   
5. Counsel should review Batson, Edmonson, Miller-El and Rayne. See seminar tab under judgescottcrichton.com “Should Peremptory Exceptions Be Abolished? (short answer: no)”. Of course, any race or gender based peremptory challenges which violate the Miller-El line of cases will not be tolerated.
   
   
6. Pre-Trial Order should have been timely filed. Any amendments?
   
   
7. Suggested jury charges should have been submitted. Any supplemental requests?
   
   
8. Address motions in limine.
   
   
9. Address procedure for voir dire phase. Time limits may be ordered. Address method of “back strikes”; consider application of Riddle case.
   
   
10. Determine if witnesses can be placed “on call” and efficiently scheduled. Consider a sequestration of witnesses order.
    
    
11. Determine whether opening statements are to commence on Monday afternoon or Tuesday morning.
    
    
12. Ask attorneys if there are any other significant issues which should be addressed.
    
    
13. Remind attorneys that civil jury trials usually commence at 8:30 a.m. on the first day (voir dire) and 9:00 a.m. on each day thereafter.

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