Westerdahl et al

Filing 30

ORDER on Jury Selection. Signed by Judge Joseph N. Laplante. (cmp)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Julie Westerdahl, et al.
v.

Civil No. 10-cv-00266-JL

Bruce I. Williams
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:
As each juror’s name is randomly drawn, the juror
will be asked whether he or she has any “yes”
answers or other responses to the court’s general
voir dire questions. If the juror indicates “no”
the juror will be seated in the jury box by a

Deputy Clerk. If the juror answers “yes,” the
juror will be asked to approach the bench for
examination by the court, counsel (if the court
permits), and potential challenge for cause by
counsel. If the juror is found qualified (that
is, not excused for cause), the juror will be
seated in the jury box by a Deputy Clerk. This
process will continue until the total number of
jurors needed, in this case, 14 jurors, is seated
in and in front of the jury box.
4.

Attorney voir dire: Counsel have declined the
court’s offer to conduct attorney 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:

August 25, 2011

Andrew D. Dunn, Esq.
Elsabeth D. Foster, Esq.
Thomas J. Fay, Esq.

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