Ever wondered how jury selection works? Maybe you’ve been summoned, or just want to be prepared in case you do one day get that letter in the mail. That is fair. The jury selection process can feel unfamiliar at first, especially if you have never been called into a courtroom before. Regardless, it’s a weighty responsibility that needs to be taken very seriously. In Fresno, the goal is to seat jurors who can listen fairly, follow the law, and decide the case based on the evidence.
For personal injury cases, jury selection can matter a great deal. A civil trial often involves medical records, accident details, witness testimony, expert opinions, and questions about how an injury has changed someone’s life. The jurors selected for that case need to be able to set aside assumptions and give both sides a fair hearing.
What Happens When You Report for Jury Duty in Fresno?
Fresno Superior Court uses a one-day or one-trial system. That means that on the day you report, you may be dismissed if you are not needed, or you may be sent to a courtroom for jury selection. If you are chosen as a trial juror, you will usually serve for the length of that trial. Fresno Superior Court notes that the average jury trial is about 5 days,although the length depends on the type and complexity of the case.
For many jurors, most of the day is spent waiting, checking instructions, and seeing whether their panel is called. Once a group of prospective jurors is sent to a courtroom, the selection process begins.
What Is Voir Dire?
The voir dire meaning is simpler than the term sounds. Voir dire (pronounced vwar-DEER, or VOHR-dire in some areas) is the questioning stage of jury selection. The judge and attorneys ask prospective jurors questions to decide whether they can be fair and impartial.
In California, prospective jurors are sworn to answer questions truthfully. The judge will usually explain what the case is about, identify the parties and lawyers, and ask general questions. Attorneys may also ask follow-up questions, depending on the case and the judge’s procedures.
The questions are not meant to pry for no reason. They are meant to uncover bias, conflicts, hardships, personal experiences, or strong opinions that may affect how someone views the evidence.
In a personal injury case, questions may involve topics such as:
- Prior lawsuits or claims
- Experiences with serious injuries
- Opinions about insurance companies
- Views on medical treatment, pain, or damages
- Feelings about lawsuits in general
- Relationships with doctors, lawyers, law enforcement, or insurance professionals
Jurors do not have to give perfect answers. But they do need to be honest.
How Jurors Are Excused During Selection
During the jury selection process, jurors may be excused in a few different ways. Some people are dismissed because they are not legally qualified to serve. Others may be excused because of hardship. Once questioning begins in the courtroom, attorneys may ask the judge to remove certain jurors through challenges.
Challenge for Cause
A challenge for cause asks the judge to excuse a juror because there is a specific reason the person may not be able to serve fairly. For example, a juror may know one of the parties, have a financial connection to the case, or openly state that they cannot be impartial.
California allows unlimited challenges for cause. That does not mean every request is granted. The judge decides whether the reason is strong enough to excuse the juror.
Peremptory Challenges
The peremptory challenge definition is a request to excuse a prospective juror without having to prove legal cause. These challenges are limited. California courts explain that each side generally has 6 peremptory challenges in civil cases, 10 in criminal cases, and 20 in death penalty or life-imprisonment cases.
There are limits, though. A peremptory challenge cannot be used to remove a juror based on protected characteristics such as race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation. California law also gives courts a process for reviewing objections when a party believes a peremptory challenge was used improperly.
Jury Selection in Civil Cases
Most personal injury cases are civil cases. In jury selection in civil cases, the focus is usually on whether jurors can fairly evaluate fault, injuries, medical evidence, damages, and witness credibility.
For example, an attorney may want to know if a potential juror believes people file injury claims too easily. Another juror may have had a bad experience with an insurance claim. Someone else may have strong views about pain treatment, chiropractic care, surgery, etc.
That said, none of those experiences automatically disqualify a person. The real question is whether the juror can follow the judge’s instructions and decide the case based only on the evidence presented in court.
Can You Get Out of Jury Duty?
People often search for how to get out of jury duty, but the better question is whether you legally qualify to be excused, postponed, or disqualified. Jury service is a civic responsibility, and ignoring a summons can create bigger problems.
Common jury duty exemptions in California can involve hardship, disability, caregiving responsibilities, lack of transportation, recent jury service, or not meeting the basic qualifications for jury service. California Rules of Court allow excuses for undue hardship, including certain medical risks, necessary caregiving duties, lack of reasonable transportation, and other serious circumstances. A person who served on a grand or trial jury or appeared for jury service in the previous 12 months must be excused on request.
There is also no automatic age exemption just because someone is 70 or older. However, California courts may allow someone age 70 or older to be excused for a medical condition without the same type of verification required for younger jurors.
Why Jury Selection Matters in Personal Injury Cases
A jury’s job is to listen carefully, weigh the evidence, and decide what is fair under the law. In a personal injury case, that can include determining who caused the accident, how serious the injuries are, and what amount of compensation is reasonable.
For injured people, jury selection is one of the first major steps in making sure the case is heard by people who can keep an open mind. For defendants, it serves the same purpose. A fair jury protects the integrity of the trial for everyone involved.
At Grossman Law Offices, we understand how much is riding on a personal injury trial. Our team prepares every case with the courtroom in mind, including the jurors who may one day hear the evidence.
FAQs About Jury Selection in California
Voir dire is the questioning stage of jury selection. The judge and attorneys ask prospective jurors questions to determine whether they can be fair, impartial, and able to follow the law.
It depends on the case. Some juries are selected in a few hours, while more complex civil or criminal cases may require several days of questioning.
A person may be excused because of undue hardship, certain medical issues, caregiving responsibilities, lack of reasonable transportation, recent jury service, or another valid reason recognized by the court. The court decides whether the reason is enough.
People may be disqualified if they do not meet California jury requirements, such as citizenship, age, residency, English understanding, or other eligibility rules. Certain criminal justice statuses can also affect eligibility.
A mental condition does not automatically disqualify someone. A person may be excused if a physical or mental disability or impairment would expose them to undue risk of harm or prevent them from serving, and the court may require verification unless the person is 70 or older.
A Batson challenge is an objection claiming that a party used a peremptory challenge in a discriminatory way. California also has its own statutory process for reviewing improper peremptory challenges.
In most California civil and criminal trials, 12 jurors are selected, and alternate jurors may also be chosen. The court and attorneys continue the process until the jury is complete.
