Jury Trials

Civil Procedure

Assuming the mortgage

You become responsible for paying the mortgage

Subject to the mortgage

You are not personally liable for the mortgage

Deficiency judgment

A court ruling that allows a lender to collect the remaining amount owed on a mortgage after a foreclosure sale, when the sale price does not cover the total debt.

Assumption

an express promise by the grantee to pay the mortgage debt

Novation

An agreement that substitutes the new purchaser for the original mortgagor’s own personal liability for the mortgage debt, effectively releasing the original borrower from liability.

7th Amendment

The constitutional amendment that guarantees the right to a jury trial in civil cases.

How many jurors are required?

The 7th Amendment requires a minimum of six jurors in civil cases, although typically, twelve jurors are used.

Verdict

Must be unanimous unless the parties stipulate otherwise.

Demand for Jury Trial

Must be made within 14 days after service of the last pleading.

Action in Equity

Cases based in equity (injunctions)

Not necessarily a right to a jury trial

Legal + equitable claims

Try the legal issues first with a jury, and then the equitable claims in front of the judge (court).

Can you withdraw the demand for a jury trial?

Yes, if all the parties consent. This withdrawal must be in writing.

Right to jury trial in state court

No right to jury trial in state court. The number of jurors varies by state. The verdict doesn’t have to be unanimous.

Bench trial

The judge can make findings of fact and conclusions of law.

Jury selection

2 ways to dismiss a juror:

• For cause: any bias or connection (person must be dismissed) - UNLIMITED

• Peremptory challenge: dismissal without reason - LIMITED to 3 PER PARTY

Peremptory or For-Cause Challenges

A potential juror may not be excluded based on race or gender

Balanced pool of jurors

Jurors must represent a cross-section of the community.

Jury instructions

Guidelines provided to jury to help them understand how to apply the law to the case.

Objection to jury instructions

Must take place BEFORE the jury retires or it is waived on appeal.

Jury deliberation

Jurors may NOT take anything NOT introduced into evidence. Papers, exhibits, and notes are allowed.

Juror Conduct

Cannot conduct experiments or studies outside the jury room, cannot talk to non-jurors about trial, juror misconduct = potential new trial.

Outside prejudicial information

A new trial could be ordered if you find out a juror was getting outside information from a third party. (cannot be within the jurors themselves).

Juror’s failure to disclose bias (until after trial)

A new trial could be ordered if:

• If a juror failed to answer honestly about a material question, and a correct answer would have led to a valid challenge.