Hand Book for Jurors
Introduction
How Jurors are Selected
Qualifications
Exemptions
Your Role As A Juror
Sequence of a Trial
Petit and Grand Juries
Payment for Jury Duty
Length of Service
Dress Attire
Definitions
Personnel & Their Functions in Court
Instructions to all Jurors
Introduction
The judges of the 13th Judicial
District Court, the Evangeline Parish Clerk of Court, and
the Jury management staff welcome and congratulate you as a
fellow participant in the administration of justice.
You are now involved in the right to a trial by a jury of
one's peers, a cornerstone of American justice. By
serving as a juror, you will be a judge and you will assist
in perpetuating a system that is fair and provides the same
opportunity to all American citizens.
Efforts have been made to expedite the cases set for trial
during your jury service; however, many matters must be
disposed of before the jury is called. Witnesses may
need to be located, motions may be filed by attorneys, and a
myriad of other things may happen which require some delay
before the jury panel may be summoned to the courtroom.
These circumstances may cause you to wait for extended
periods of time. The judges request your patience and
assure you that all will be done to make your jury service
as short and efficient as possible.
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How Jurors are Selected
The names of all registered voters of
Evangeline Parish are placed into the Jury Selection program
of the Clerk of Court and are updated throughout the year. The computer first
eliminates duplicate names, and then uses random selection
to select the names of people who will receive a subpoena
for jury duty.
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Qualifications
Louisiana law provides that certain qualifications must be
met in order for a person to be eligible to serve on a jury.
These requirements are that a prospective juror:
-
Must be a citizen of the United States and Louisiana, and
must have resided in Evangeline Parish for at least one year
before service;
-
Must be at least eighteen years of age;
-
Must be able to read, write and speak the English language;
-
Must not have a mental or physical infirmity which makes
service impossible;
Must not be under indictment for a felony, nor convicted of
a felony for which he/she has not been pardoned. If you
do not meet all of these requirements, contact the office of
the Judge to be excused. Also, if jury service would result
in undue or extreme inconvenience or hardship, you may
contact the office of the Judge to request a postponement or
excuse.
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Exemptions
Effective April 28, 1994, the Louisiana Supreme Court has
amended its rules so as to effectively eliminate all group
and occupational exemptions from jury service. Persons
who may claim an exemption from jury service are:
If you are in either of these
categories, you may claim an exemption from jury service;
however, if you wish to serve, you may do so. If you do
elect to claim one of these exemptions, the Clerk of Court
will assist you in presenting the necessary proof.
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Your Role As A Juror
You are to report to the Evangeline Parish Courthouse at the
time and date stated on your subpoena. You will report
to the main courtroom located on the second floor of the
Courthouse. The assigned Judge will determine if you
are qualified to serve on the jury.
After that determination is made, all potential jurors may
be asked to wait in the old Police Jury room, also located
on the second floor of the Courthouse. The Judge
will then question prospective jurors. You must not
leave this area.
When you are sent to the courtroom, you are asked to conduct
yourself in a respectful manner. You should be alert,
courteous and honest about your feelings and opinions on
issues.
Should you be selected as juror, it is imperative that you
are attentive at all times. The Judge presiding over
that court will give instructions and orders that you must
follow.
If you have any problem (such as not being able to hear a
witness), have an urgent question or request, you may ask
the Bailiff to notify the Judge, who will then handle your
request.
After you have heard all the evidence and each
attorney has summed up his case, the Judge will instruct you
on the law that applies to the facts you will consider. You
will then be escorted to the Jury Deliberation Room where
you and your fellow jurors will deliberate.
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Sequence of a Trial
The Judge will tell you the names of the parties, the
lawyers who will represent each, and the nature of the legal
action.
You will then be questioned by the attorneys and court to
insure that you can be impartial and objective about the
issues in the case. This is called Voir Dire.
Each attorney may challenge "for cause." This means that for
some reason (your occupation, your opinion on certain
issues, your knowledge of the case, etc.), it might be
unfair to ask you to be impartial in the case at hand, and
the Judge may excuse you from service in this particular
trial. Each attorney also is allowed by law a limited
number of "preemptory challenges". This means
the attorney may ask the court to excuse some prospective
jurors without stating any reason. (If you are
challenged, please keep in mind that this request is not personal. The attorney is merely using a right given
to his client by law).
At the end of the Voir Dire a number of people will be
seated to form the Jury, and the trial begins. (In
some cases it may be a "six-man" jury, in others it may be a
"twelve-man" jury).
The plaintiff's attorney (in civil cases) or the District
Attorney (in criminal cases) will make an opening statement
telling you what he intends to prove. The
attorney for the defense may also make an opening statement.
After the opening statements, the side bringing the suit,
(i.e., the plaintiff or the D.A.), will present its evidence
with witnesses, documents or other exhibits. Then the
other side will be afforded the opportunity to do the same.
When one
party is through questioning one witness, the other attorney
may cross-examine. There are special rules of law
governing what may be asked of a witness, how the witness
may respond, and what the Jury may properly consider as
evidence. From time to time, an attorney may "object"
to some testimony or procedure. The Judge may ask the
lawyers to approach the bench to discuss the matter, or you
may be taken to the jury deliberation room so that it may be
debated outside your hearing. In either case, the
Judge will rule on all questions of law, and will tell you
how the law requires you to treat a particular situation.
When both sides have presented their evidence and defenses,
each attorney will sum up his case. He tells what he
believes the evidence shows and why it favors his side.
Of course these presentations by the lawyers are not
evidence.
After the closing arguments, the judge will instruct you on
your duties as a juror. He will also instruct you as
to the law in this particular case, what verdicts can be
rendered and the consequences of each verdict.
You and your fellow jurors will then be escorted to the Jury
Room for deliberation.
At this time, you will select one juror to be your foreman.
This person will preside over your deliberating, and will
bring the verdict into court. In many cases one
of the parties will ask, or the Court will order, the Jury
be polled. This means the court will ask each juror
individually if this is his or her own verdict. The
Judge may order their verdict to be in open court or on a
secret ballot viewed by the Judge and attorneys.
Thereafter, the Clerk of Court is ordered to seal the
ballots in the records.
The judge presiding over the
case will then thank you and dismiss you.
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Petit and Grand Juries
A petit jury will hear and decide criminal cases after a
person is charged with a crime.
Criminal cases are brought by the state against persons
accused of committing a crime. In these cases, the
state is the plaintiff, and the accused person is the
defendant. Criminal trials can involve traffic,
misdemeanor, felony, and capital (death penalty) cases.
A grand jury does not decide a case. Rather it has broad
powers to investigate a wide range of criminal offenses and
to examine the performance of public officials and public
institutions. As such, a grand jury may charge a person
with a crime who may be tried before a petit jury. Its
deliberations are conducted in secret, in conjunction with
the State Attorney or a designated assistant state attorney.
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Payment for Jury Duty
Jurors will receive $25.00 per day,
plus mileage for jury service.
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Length of Service
The first day of service is normally limited to jury
selection for trials held during the week. Jurors selected
to serve on cases will be asked to return and serve on the
dates of that trial. Most trials last several days.
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Dress Attire
Proper dress attire is required. Shorts, men's hats,
muscle shirts, halters (mid-drifts), and other inappropriate
dress are not allowed. Cell phones are not allowed on
the second floor of the courthouse.
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Definitions
Bailiffs - The official in each courtroom who attends to the
security and comforts of the judges, jurors, and the court
in general.
Bench - The seat occupied by judges in court.
Bill of Information - A formal charge of violation of a
criminal statue made against a person by the District
Attorney and filed with the Clerk of Court.
Challenge - During the selection of a particular jury (see
voir dire), attorneys for either side may wish to suggest to
the court that certain individuals be excused from service
for this particular jury. There are two types of
challenges. (A) A challenge for cause is made when an
attorney believes that an individual being challenged is in
some way not appropriate for a particular case. For
example, a person who was recently a party to a personal
injury suit or who is a relative of the attorneys or parties
in the present suit, may find it difficult or impossible to
be completely objective. The decision as to the
validity of a challenge for cause is made by the judge.
(B) The law allows each side in a case a limited number of
preemptory challenges which it may exercise if it so
chooses. The judge automatically grants preemptory
challenges.
Chambers - The private room or office of a judge.
Civil law - Civil trials, as distinguished from criminal
trials, deal with disputes between individuals, corporation,
and/or other private entities or public entities such as the
City-Parish or State, in which no violation of a specific
criminal law is charged.
Criminal law - That law dealing with actions or omissions
which have been identified by a legislative body as being
contrary to the public interest, and to which criminal
penalties have been attached.
Cross-examination - Examination of a witness by the party
opposed to the one who produced him, in order to further
develop and to test the truth of his testimony.
Defendant - In a civil action, the party against whom suit
is brought; the party who is being sued. In a criminal
case, the defendant is the person who is charged with
violation of a criminal statute.
Direct-examination
- The first examination of a witness by
the party on whose behalf he is called.
Expert witness - A person qualified to speak authoritatively
on a certain subject on the basis of skill, training or
experience. The court is responsible for determining
the qualifications of an expert witness to testify in a
particular case. An expert witness may offer opinions
as well as observations within his field of expertise.
Grand Jury - A special jury which serves during each session
of criminal court as a body to inquire into complaints and
accusations of violations of criminal laws. Grand
Juries may hear testimony and receive evidence, and may
bring charges in the form of an indictment against
individuals. A Grand Jury does not find innocence or
guilt; it simply determines whether or not sufficient
evidence exists to bring formal charges before the court.
Indictment - A formal accusation, by a Grand Jury, that a
person has violated one or more specific criminal statutes.
The charge is presented to a court.
Instructions - The directions given by the judge to the jury
concerning the law which applies in the case at hand, and
the manner in which the jury is to apply it to the facts as
they find them.
Intervener - A person who voluntarily enters an action or
other proceeding, with the permission of the court.
Jury pool - A randomly chosen group of individuals from
which individual jury panels are chosen.
Jury term - The length of time for which a citizen serves in
a jury pool.
Motion - A formal request to the court by an attorney for a
specific action by the court. Example: "Your Honor,
defense moves the last testimony be stricken from the
record."
Objection - In a trial, a lawyer may object (or raise an
objection) to a procedure or action in the trial (such as an
attempt to introduce certain evidence or to elicit certain
testimony) which that lawyer feels should not be permitted
under the rules of law which govern the conduct of trials.
The judge will make a decision as to whether or not the
objection is to be sustained or overruled.
Panel - A specific group of prospective jurors from which
the jury for a particular case will be chosen. The
jury pool is for convenience divided up into panels, which
are sent to each court room as the need arises.
Petit Jury - A jury of individuals who determine the facts
and render a verdict thereon in a particular criminal trial.
Plaintiff - In a civil action, the person who brings a
petition to the court; the party who initiates the action by
filing suit.
Plea - A defendant's statement, answering the charges
against him, or showing why he should not answer.
Settlement - An agreement by which parties having disputed
matters between them reach an agreement which concludes the
dispute without going to trial.
Statute - A written law, enacted by a legislative body (city
council, state legislature, U.S. Congress)
Verdict - The formal decision of the jury. In a
criminal case, the decision relates to the guilt or
innocence of the defendant. In a civil suit, the
decision is whether or not the plaintiff has proved his case
against the defendant, and may also include findings as to
the amount of damage suffered.
Voir Dire - A prospective juror, prior to being sworn to
serve in a trial, is questioned by the judge and the
attorneys in that case in order to determine whether he/she
is competent and qualified to hear the particular case.
Witness - A person who testifies under oath to what he has
seen, heard, or otherwise observed, and whose statement is
received as part of the evidence in the case.
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Personnel & Their Functions
in Court
Judge - An officer who is elected to preside and to
administer the law in a court of justice.
District Attorney (D.A.)
- The chief prosecuting officer, elected by the people of
the parish, who represents the state in criminal trials.
The District Attorney may also appoint an Assistant District
Attorney act in his behalf should he be unable to be present
at trial.
Plaintiff - The party who complains or sues in a
civil action.
Defendant - The party summoned to answer a charge or
complaint in civil or criminal law; The party against whom
an action or suit is filed.
Lawyer (Attorney,Counsel) - The legal representative of a
party in a trial.
Bailiff - An administrative officer of the court who attends
to the needs of the judge, jurors, witnesses, and court.
Court Reporter - A person responsible for taking and
transcribing official presentations of facts,
evidence, and legal procedures in a trial.
Minute Clerk
- A deputy clerk of court who administers the oath to jurors
and witnesses and whose duty is to receive the evidence as
it is introduced.
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Instructions to all Jurors
You have been qualified as a prospective juror in a pending
case. It is imperative that you follow the listed
instructions:
Each juror has been given a juror number, it is important
that you write your juror number in the upper right hand
corner of this page.
Each evening, each juror will be required to call
337-363-5671 to determine what numbered jurors will have to
report to court the next day. If you are asked to
report to court the next day, please arrive at the
courthouse no later than 15 minutes prior to the time court
is to begin. This is done in order to facilitate a
roll call at the designated court time so that court can
commence promptly.
Please do not discuss any facts that you hear about the case
amongst the other prospective jurors during the time that
you are waiting the selection process. Please do not
try to discover any of the facts of this case as all
evidence that you will need to decide this case will be
presented to you in the courtroom.
It may be a good idea for you to bring some reading material
during the period of time that you will be waiting during
the selection process; however, please do not bring any
legal materials or any materials that contain information
about the current trial.
You will be restricted to the police jury room area during
the time of the selection process. A bailiff will be
present during this period of time. You may carry on
conversations about any topic other than discussions about
the facts of the pending case or legal issues. A
bailiff will be there for your assistance, and you will be
requested to remain in the police jury room area except for
normal lunch breaks and recesses of court.
The bailiffs are there for your assistance, and should any
problem arise during this trial, please ask the bailiff for
assistance with this matter.
During the course of the trial, you may see or hear news
accounts concerning this trial. You are not to listen
or attempt to obtain any information from these new
accounts.
During the course of the jury selection and trial, you may
come into contact with some of the attorneys handling the
case. They are under court order not to carry on a
conversation with you. This is done to eliminate any
appearance of wrongdoing.
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