jury

Role of the jury in a civil trial

The function and responsibilities of jurors in civil court proceedings.

Composition of a civil jury

A civil jury consists of six jurors who must be 18 years or older and enrolled to vote in Victoria.

Responsibilities of the jury in a civil trial

Juries must be objective, listen to evidence and submissions, follow directions from the judge, determine liability on the balance of probabilities, and in some cases, decide on a remedy.

How many jurors are in a civil jury?

A civil jury consists of six jurors.

Standard of proof

The extent to which a case must be proved in court; for civil cases, this is on the balance of probabilities.

Empanelled

Selected to be on a jury.

Excused

Individuals may be excused from jury duty for various reasons, including personal circumstances or health issues.

Disqualified

Individuals who cannot serve on a jury due to certain legal or personal reasons.

Ineligible

Individuals who are not qualified to serve on a jury, often due to previous legal positions or disabilities.

Who can be disqualified?

Individuals sentenced to at least three months in prison within the last 10 years, or charged with an indictable offence and out on bail.

Who could be ineligible?

Individuals who have been judges, magistrates, lawyers, police officers, or Members of Parliament in the last 10 years, or those with communication difficulties.

When may the court excuse?

A juror may be excused if they are unable to be impartial due to a connection with the case or if they have personal circumstances that prevent them from serving.

Remedy

A court order based on the outcome of a civil case, aimed at restoring the plaintiff to their original position before the civil wrong.

Responsibilities of a jury

To be objective, listen to evidence and submissions, follow judge's directions, determine liability, and in some cases, decide on a remedy.

Juries in civil cases

Juries can only be requested in the County Court or the Supreme Court - Trial Division.

Costs of the jury

Parties in the dispute must pay the costs of the jury; the state pays in criminal cases.

Judge's request for a jury

In rare circumstances, the judge may request a jury, in which case the state will pay for the jury.

Juries are not mandatory

Unlike in criminal law, juries in civil cases are not mandatory at any point.

Civil trial jury size

Civil trials require a jury of only six people.

Jury impartiality

Jurors must be impartial and not have connections that could influence their verdict.

Financial hardship

A juror may be excused if serving would incur significant financial hardship.

Health-related issues

Jurors may be excused due to illness or other health-related issues.

Connection with the case

A juror may be excused if they have a connection with the case that affects their impartiality.