Kurt D. Lloyd On Jury Selection

KURT D. LLOYD is a plaintiff’s trial lawyer who has won over $300 million for injured clients. Kurt has been the plaintiff’s lawyer in over seventy trials. Kurt focuses his practice on plaintiff’s medical malpractice and other catastrophic injury cases. He is often hired as the lead plaintiff’s trial lawyer by referring or partnering attorneys. Kurt also provides speaking and consulting services to other plaintiff’s injury lawyers so that they win their cases. For more information about Kurt, go to KurtDLloyd.com.

Introduction Chapter 1: How Illinois Juries Are Selected 1.1. Summoning the Potential Jurors to Court 1.1.a. Jury List of Potential Jurors 1.1.b. Statutory Juror Qualifi cations (705 ILCS 305/2) 1.1.c. Statutory Juror Disqualifi cation (705 ILCS 305/14) 1.1.c.1. Juror Hardship (705 ILCS 305/10.02) 1.1.c.2. Nursing Mothers 1.1.c.3. Juror’s Total and Permanent Disability 1.1.d. Excusing Prospective Jurors for Statutory Disqualifi cation 1.1.e. Juror Has a Physical Impairment (735 ILCS 1106) Chapter 2: The Voir Dire Examination Process 2.1. Twelve Jurors in the Box 2.2. Supreme Court Rule 234 2.3. Court Conducted Voir Dire 2.3.a. The Trial Judge Must Conduct an Adequate Voir Dire Examination 2.3.b. Abuse of Discretion Standard 2.4. Attorney Conducted Voir Dire 2.4.a. Attorney’s Right to Direct Questioning of Prospective Jurors Is Strongly Favored 2.4.b. Court’s Limitation of Time 2.5. The Order of Voir Dire 2.6. Jurors Shall Be Accepted in Panels of Four 2.7. Back Striking 2.8. Choosing Alternate Jurors Chapter 3: Scope of Voir Dire, Types of Questions Allowed 3.1. Questions Regarding a Juror’s Attitudes toward Applicable Law or Jury Instructions 3.1.a. Legal Liability 3.1.b. Legal Defenses 3.1.b.1. Contributory Negligence (Plainti Conduct) 3.1.b.2. Insanity Defense 3.1.b.3. Accountability Defense 3.1.c. Burden of Proof 3.1.d. Questions Allowed about a Juror’s Attitudes toward Credibility of a Witness 3.1.d.1. Incarcerated Person 3.1.d.2. Police O cer 3.1.d.3. Victim 3.1.e. Weight of Circumstantial Evidence Versus Eyewitness Testimony 3.2. Questions Allowed Relating to a Juror’s Attitudes toward Certain Types of Anticipated Evidence 3.2.a. Questions Allowed about a Juror’s Attitudes toward Liability Facts 3.2.b. Questions Allowed about a Juror’s Attitudes toward Certain Social Beliefs 3.2.b.1. Drugs and Alcohol 3.2.b.2. Interracial Relationships 3.2.b.3. Remarriage 3.2.b.4. Tort Reform 3.2.b.5. Religious Beliefs or A liation 3.3. Questions Relating to Financial Matters 3.3.a. Questions Prohibited Regarding Financial Matters 3.3.a.1. Wealth or Poverty of a Party 3.3.a.2. Size of Attorney’s Law Firm Representing a Party 3.3.a.3. Source of Funds (Collateral Source) 3.3.a.4. Party’s Prior Settlements Disallowed 3.3.a.5. Insurance ABOUT THE AUTHOR 3.3.b. Questions Allowed Regarding Financial Matters 3.3.b.1. Reference to Award Not Being a Second Recovery (Collateral Source) 3.3.b.2. Juror’s Relationship to Insurance Industry 3.3.c. Juror’s Prior Personal Injury Claims or Accidents 3.3.c.1. Juror’s Experience with Personal Injury Claims and Attitude about No Settlement 3.3.c.2. Juror’s Attitude about Personal Fault in His Own Prior Accident 3.4. Questions Relating to Types and Extent of Damages 3.4.a. Questions Allowed about a Juror’s Attitudes toward Money Damages for Pain But Not about Personal Experience with Pain 3.4.b. Questions Allowed Regarding a Juror’s Attitudes toward Specifi c Dollar Amounts 3.4.c. Questions Allowed about a Juror’s Ability to Award Large Dollar Amounts 3.4.d. Punitive Damages 3.4.e. Sympathy toward the Plainti ’s Injuries 3.5. Searching Jurors on the Internet during Voir Dire 3.6. Using Supplemental Juror Questionnaires during Voir Dire 3.7. Attorney Advocating through Voir Dire Questioning Prohibited 3.7.a. No Pre-Arguing the Case during Voir Dire 3.7.b. No Attempts to Indoctrinate Jurors 3.8. No Attempts to Obtain a Pledge for a Verdict from Jurors Chapter 4: Motions in Limine Relating to Voir Dire 4.1. Sufficient Time to Conduct Voir Dire 4.2. Latitude in Questioning Regarding Jurors’ Opinions, Attitudes, Beliefs 4.3. Common Misunderstandings of the Civil Burden of Proof Standard 4.4. Juror Attitudes toward Awarding Money for Pain and Suffering, Loss of a Normal Life, and Disfigurement 4.5. Defense Showing a “Day in the Life” Video to Prospective Jurors 4.6. Using a Supplemental Juror Questionnaire Chapter 5: Peremptory Challenges to Remove Jurors 5.1. Minimum Number of Peremptory Challenges Set by Statute 5.2. Batson Rule: No Racial Bias in Exercising Peremptory Challenges 5.2.a. A Party’s Burden When Objecting Based on Batson Chapter 6: Challenges for Cause 6.1. The “Open-Minded” Juror 6.2. The Objectionable Juror Excused for Cause 6.2.a. Juror Who Has Bias or Prejudice toward a Party Is Cause to Remove 6.2.b. Juror Who Testifi es “Cannot Be Objective. No Way” Is Biased 6.2.c. Juror Who Favors a Party Is Biased and Should Be Removed 6.2.d. Juror Who Expresses Doubt or Reluctance to Be Impartial Is Cause to Remove 6.2.e. Juror’s Inconsistent Statements toward Following the Law Are Cause to Remove 6.2.f. Juror’s Contradictory Body Language Establishes Challenge for Cause 6.2.g. Juror’s “Unsure” Equivocal Commitment That She Could Set Aside Personal Beliefs and Follow the Law and the Evidence Is Cause to Remove 6.2.h. Prospective Juror Who “Might” Not Be Fair Because of Prior Experience and Could Not Set Aside Her Prior Experience Is Cause to Remove 6.2.i. Juror’s False Statements May Be Cause to Remove 6.2.j. Juror Charged with Prior Crimes May Be Cause to Remove 6.2.k. Juror Who Read or Heard Infl ammatory News about Case Immediately Before or During Trial Is Biased 6.3. The Objectionable Juror Who Is Rehabilitated 6.3.a. Juror’s Negative Attitude toward a Legal Defense Is Not Su cient Grounds 6.3.b. Juror’s Reading Prior Prejudicial News Story Is Not Cause 6.3.c. Juror’s “Uncertainty” about E ect of Prior Personal Experiences Is Not Su cient Cause 6.3.d. Juror’s Commitment to “Try” to Follow the Law Su cient to Overcome Personal Belief 6.3.e. Juror’s Commitment to “Do My Best” Not to Allow Personal Experience to Infl uence Was Su cient to Deny Cause 6.3.f. Juror’s Attitudes in Favor of Tort Reform Is Not Per Se Cause ABOUT THE AUTHOR 6.3.g. Juror’s Hesitation about Awarding Damages for Pain and Su ering Based on Frequency and Amount of Liabilities Awarded Is Not Per Se Cause 6.3.h. Juror’s Negative Feelings about People Who Bring Unnecessary Lawsuits Not Per Se Cause 6.3.i. Juror Sympathy toward a Party Is Not Per Se Cause 6.3.j. Prior Claims: Juror Is Not Per Se Biased Because Juror Was Involved in Prior Accident, Claim, or Settlement against the Same Defendant 6.3.k. Juror Who Reads Medical Literature Critical of Malpractice Cases Is Not Per Se Biased 6.4. Juror’s Relationship to a Party or Witness May Create Presumed Bias 6.5. Malpractice Cases: Juror’s Relationship to Defendant Physician 6.5.a. Juror Who Has Current Patient-Physician Relationship with a Party Is Per Se Biased and Should Be Removed for Cause 6.5.b. Juror Being Former Patient of Defendant Ob-Gyn Strongly Suggests Per Se Bias 6.5.c. Juror Whose Spouse Has Current Patient-Physician Relationship Is Not Per Se Biased 6.5.d. Juror Whose Son Was Prior Patient of Defendant Is Not Per Se Biased 6.5.e. Juror Employed in the Medical Field Is Not Per Se Biased 6.5.f. Juror Who Has In-Law Who Is Defendant’s Patient Is Not Per Se Biased 6.6. Relationship to a Party’s Employer 6.6.a. Juror with the Same Employer May Constitute Per Se Bias 6.6.b. Juror with Family Members Employed by Defendant A liate Insu cient Cause 6.7. Other Indirect Juror Relationships 6.7.a. Family Relationship Shared by Juror and Plainti 6.7.b. Juror Relationship to Insurance Companies 6.7.c. Juror Who Is Friend of State’s Attorney Not Biased 6.7.d. Juror Who Has Father Who Was Represented by Attorney for a Party Not Biased 6.7.e. Juror Who Simply Knows a Witness Is Not Biased 6.7.f. Juror Who Has Been a Party to a Lawsuit Is Not Per Se Biased 6.8. Perfecting Objections to Jurors 6.9. Preserving Error for Denial of Challenge for Cause Chapter 7: Juror Misrepresentation or Misconduct 7.1. Juror Bias Discovered after Juror Selected 7.1.a. False Answers Are Cause to Remove 7.1.b. Humorous Political Statement Is Not Cause to Remove 7.1.c. Juror’s Relationship to Witness Is Not Cause to Remove 7.1.d. Juror’s Unexplored Relationship to Defendant Institution Not Cause to Remove 7.2. Prejudicial Events in Front of the Jury Created Cause 7.3. Juror Misconduct 7.3.a. Jurors Performing Their Own Research 7.3.b. Jurors Exposed to Publicity or News Reports 7.3.c. Other Juror Misbehavior Chapter 8: Framing Attorney Voir Dire Questions to Reveal Juror Bias 8.1. Questions That Provoke Defensiveness 8.2. Questions That Are Neutral or Thought Provoking 8.3. Questions That Prove a Challenge for Cause Conclusion APPENDIX Statutes, Court Rules, and Jury Instructions Applicable to Jury Selection