MMG Insurance Company v. Samsung Electronics America, Inc.

Filing 75

ORDER on Jury Selection. Panel: 12 jurors, no alternates. Attorney voir dire permitted of seated jurors. Each side limited to a total of 15 minutes for questioning. 3 peremptory challenges for plaintiff and 3 between the defendants. So Ordered by Chief Judge Joseph N. Laplante.(dae)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

MMG Insurance Company
v.

Civil No. 11-cv-00430-JL

Samsung Electronics America,
Inc., et al.
ORDER ON JURY SELECTION
Jury selection in the above-captioned matter will be
conducted under the “struck” method.

See 28 U.S.C. § 1861 et

seq.; Fed. R. Civ. P. 47, 48, 49; L.R. 47.2, 47.3, 48.1.

It will

be conducted as follows:
1.

Size of jury: Twelve 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 18 jurors. Upon
completion of the voir dire, the deputy clerk will
announce the names of all 18 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 18 qualified jurors.
4.

Attorney voir dire: Counsel will be permitted to
conduct appropriate voir dire of the seated
jurors. Each side will be limited to a total of
15 minutes of voir dire questioning. The court
will keep track of the elapsed time from the
bench.

5.

Additional challenges for cause: After the court
has completed voir dire of the seated jurors,
counsel will have the opportunity to request
excusals for cause at the bench. Another juror’s
name will be drawn randomly to replace any juror
excused for cause. The replacement juror(s) will
be questioned by the court as to “yes” responses
to the original, general voir dire, and if found
qualified, will replace the excused juror(s).

6.

Peremptory challenges: After all requests for
excusal for cause have been addressed, counsel may
then exercise their peremptory challenges against
the qualified panel. The plaintiff shall be
entitled to three peremptory challenges. The
defendants shall be entitled to three peremptory
challenges between them.

7.

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

2

SO ORDERED.
Joseph N. Laplante
United States District Judge
Dated: May 22 2013
cc:

Charles W. Grau, Esq.
Lisa Hall, Esq.
Michael S. McGrath, Esq.
Robert W. Upton, II, Esq.
Thomas DeMicco, Esq.
Christopher P. Flanagan, Esq.

3