Starr v. Moore et al

Filing 43

ORDER on Jury Selection as outlined. 8 jurors; 3 peremptory challenges each. So Ordered by Chief Judge Joseph N. Laplante.(dae)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Darren Starr
v.

Civil No. 09-cv-00440-JL

Greg Moore
ORDER ON JURY SELECTION
Jury selection in the above-captioned matter will be
conducted under the “struck” method and will include attorneyconducted voir dire.

See 28 U.S.C. § 1861 et seq.; Fed. R. Civ.

P. 47, 48, 49; L.R. 47.2, 47.3, 48.

It will be conducted as

follows:
1.

Size of jury: Eight jurors (and no alternates)
will be seated. Barring excusal pursuant to Rule
47(c), all jurors shall participate in the
verdict. The verdict shall be unanimous and no
verdict shall be taken from the jury if its number
is reduced to fewer than six members unless the
parties agree otherwise subject to court approval.

2.

Standard voir dire: Once the jury venire is
seated in the courtroom, the court will briefly
describe the case, have counsel introduce
themselves and their clients, read the names of
potential witnesses, and ask the court’s
“standard” voir dire questions as may be
supplemented upon request of the parties.

3.

Random selection and initial excusals for cause:
During the court’s voir dire, the deputy clerk
will be randomly drawing 14 jurors. Upon
completion of the voir dire, the deputy clerk will
announce the names of all 14 jurors who will come
in order and take a seat in the jury box. The

jury clerk will be checking with each juror to see
who needs to speak with the judge or who answered
“yes” to any of the questions.
The first juror
with a question will approach side bar for
examination by the court, counsel, and potential
challenge for cause by counsel. If the juror is
found qualified (that is, not excused for cause),
the juror will resume their seat in the jury box.
If the juror is excused for cause, the deputy
clerk will then draw another name from the box.
That juror will be asked whether or not they need
to speak with the judge. If so, that juror will
approach side bar. If not, that juror will fill
the empty seat in the jury box. This process will
continue until there are 14 qualified jurors.
4.

Attorney voir dire: Counsel declined the court’s
offer to afford them an opportunity to conduct
voir dire.

5.

Peremptory challenges: After all requests for
excusal for cause have been addressed, counsel may
then exercise their peremptory challenges against
the qualified panel. Each party is entitled to
three peremptory challenges.

6.

After the peremptory challenges, the Deputy Clerk will
empanel the necessary number of jurors, in this case,
eight, and will excuse the remainder of the jury
venire.

SO ORDERED.

Joseph N. Laplante
United States District Judge
Dated:
cc:

March 22, 2012

Michael J. Sheehan, Esq.
Laura E.B. Lombardi, Esq.

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