http://www.courts.state.nh.us/jury/juror_handbook.htm
Courtroom Procedures
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The jury is one of the most critical parts of the American legal system. Both the United States Constitution and the New Hampshire Constitution guarantee everyone the right to a jury trial. Our justice system depends on jurors like you to serve and make critical decisions about their cases.
The following information will give you some basic details on courtroom procedures and how our system works.
THE PURPOSE OF A JURY
The jury is one of the most critical parts of the American legal system. Both the United States Constitution and the New Hampshire Constitution guarantee everyone the right to a jury trial. Our justice system depends on jurors like you to serve and make critical decisions about their cases.
We hope the information below will answer your questions about jury service. If you have a particular question about your jury service which is not answered below, please telephone the court where your jury service is to take place and ask to speak to the jury clerk.
Your Job as a Juror
Juror Etiquette
Glossary of Legal Terms
Description of the NH Court System
The Juror's Oath
Accessibility Information
YOUR JOB AS A JUROR
In your role as a juror, you will be called upon to decide important issues that impact the lives of your fellow citizens. The promise you make in the juror’s oath to help decide a case fairly and impartially is one that must not be taken lightly.
Your specific job as a juror is to sit through the trial and to decide what the facts are based upon the evidence. Then you must make a final decision based on those facts and your application of the law, which the judge explains. The judge will tell you what is and what is not evidence in each case. The judge will also instruct you as to the law that applies in the case. After you decide the facts, based on the evidence, you apply those facts to the law that the judge gives you to determine whether the party who has the burden of proving the case (generally, the State in a criminal case and the plaintiff in a civil case) has met that burden.
Jury service is an essential obligation of citizens in a democratic society. As a citizen in your community, you are being called upon to resolve conflicts between people in civil cases and determine guilt or innocence in criminal cases. Your task is critical to a determination of what is justice.
There are a few things you must keep in mind as you serve as a juror. The most important is the Golden Rule for Jurors: treat everyone in the courthouse—particularly, the parties and the witnesses—the way you would like to be treated if you were appearing in court. If you were accused of a crime, involved in a civil case, or called as a witness, you would want the jury to treat you with respect and dignity regardless of the disposition or outcome of the case.
You should keep an open mind about the evidence in the cases you will hear. You should not form any preconceived ideas about the case or be influenced by anything other than the evidence produced at trial. This is what it means to be fair. Listen and observe carefully to everything that you hear and see. You will need to determine who is telling the truth when witnesses are asked questions. You must then listen carefully to your fellow jurors when you discuss the case privately. Everyone on the jury has a right to express his or her opinion and thoughts about the case. However, in the end, you should make up your own mind about the case and not be afraid to stand by your opinion if you think you are right.
It is also very important that you listen to what the judge says about bias and prejudice. You should not talk about the case with anyone until the judge tells the entire jury to discuss the case privately and reach a decision. You should not read or listen to any news about the case from the radio, television or newspaper. You should make sure to tell the judge immediately if you think for any reason that you cannot decide the case fairly and impartially—that is if you discover some personal connection to the case or if you feel you cannot be fair when making a decision.
This may seem like too many things to remember, but they will all become much clearer as you get familiar with the job of being a juror. There will be many people in the courtroom who will be depending on you and your good sense of fairness to help decide their case.
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JUROR ETIQUETTE
Here are just a few things to keep in mind when you begin your jury service:
· You should dress appropriately when coming to court. Appropriate attire consists of clothing that you would wear to a business meeting. You may not wear shorts, tank tops, beach shoes or t-shirts, or any clothing with offensive language or logos. Your clothes should be neat, clean and comfortable. As a juror, you are representing the court system and should dress consistent with the dignity of court proceedings. If you appear in court wearing unacceptable clothing, you may be ordered by the Judge to go home and return to the courthouse properly attired.
· Do not chew gum or eat snacks during the proceedings. You will be given breaks during the proceedings when you can have a snack or something to drink.
· It is important to be on time when reporting for jury duty. The case cannot begin until all the jurors are ready. If you think you may be delayed for some reason, you should call the clerk’s office immediately.
· Remember not to talk to anyone about the case before the judge instructs you to. This means family members, friends or other jurors. If anyone tries to contact you or influence your decision, you should tell the judge or a court officer immediately.
· Everyone at the Superior Court will strive to treat all people fairly and with equal respect. Everyone entering a courthouse must be treated equally regardless of gender, race, religion, ethnic background, disability, sexual orientation, age, or ability to speak English. You should not make assumptions about a person because of any of these factors and should avoid remarks that may in any way be construed as discriminatory.
· FINALLY, remember to be fair and keep an open mind about what you hear and see during the proceedings. Set aside your personal feelings. By remaining impartial, you will be able to reach the best decision in this case for the benefit of your fellow citizens.
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DESCRIPTION OF TRIAL PROCESS
You will be informed of when the trial is to start when you have been selected to serve on a jury. All trials follow an established order of events and the role of the jury is essentially the same in all of them.
The party that initiated the action—the plaintiff in a civil case or the State in a criminal case—will present its side first. The defense may then present its evidence. Then, sometimes the plaintiff or State will give additional evidence as rebuttal. The defense may then do the same. This order of presentation is one reason the jurors are told to form no opinions until the evidence is completed.
VIEW
A view is an opportunity for the jury to go to the scene of an accident or alleged crime. In the event a view is to be taken by the jury, the attorneys may make a pre-view statement and explain what the jury will see on the view. What the jury sees on a view is evidence and an aid in understanding the later testimony of witnesses.
OPENING STATEMENTS
After the view, if there is one, the attorney for the plaintiff (the party who brought the action) or the attorney for the State (in a criminal case) makes an opening statement telling the jury what the attorney expects to prove in the case. These statements are not evidence; they are merely a presentation of what the attorneys intend to prove during the trial. The attorney for the defendant may also make an opening statement directly either after the plaintiff/State opens its case or after the plaintiff/State has completed its case.
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EVIDENCE
The evidence is the sworn testimony of witnesses or physical exhibits such as documents, records, weapons or various other articles and what you see on a view.
Most testimony will be given by witnesses who answer questions from the attorneys. The attorney calling a witness will question the witness first, in what is called direct examination. The opposing attorney may then question the witness in what is called cross-examination.
There are many complex rules about presenting or admitting evidence. These rules are applied in each case by the judge. It is the judge’s responsibility to make all decisions about what testimony, documents or other matters the jury can legally consider as evidence. The jury must never consider any matter that has been ruled inadmissible by the judge.
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