News & Analysis as of

Jury Selection

Marshall Dennehey

Change is in the Air: A Shift in Pennsylvania Judge’s Role in Jury Selection Effective April 1, 2025

Marshall Dennehey on

Key Points: Effective April 1, 2025, the Supreme Court of Pennsylvania has amended Pa.R.C.P. 220.3, pertaining to voir dire of jurors....more

Pietragallo Gordon Alfano Bosick & Raspanti,...

What Will the Art of Jury Selection Look Like During Trump’s Second Presidency?

For those of us who select juries in state and federal courts throughout the United States, we wonder out loud how this process will evolve after President Trump’s trials and appeals are all concluded or terminated.  Many of...more

Holland & Hart - Your Trial Message

Attend to Your Jury

A couple of weeks ago, I was in court to help pick a jury in a high-value case. During that early phase of jury selection, the gallery was full to capacity with potential jurors, the counsel and parties were present, the...more

IMS Legal Strategies

From the Classroom to the Courtroom: Adopting a Juror-Focused Mindset

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Three years of law school can teach us many things. But what they do not do very well—as we typically discover soon after graduating—is prepare us for the actual practice of law. For those of us who always planned to be...more

IMS Legal Strategies

Conspiracy-Minded Jurors: A Defense Playbook

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In the aftermath of Hurricane Helene's damage to western North Carolina, a new conspiracy theory gained traction. This conspiracy held that the federal government manipulated the weather as Hurricane Helene hit North Carolina...more

Epstein Becker & Green

How Do Litigators Build the Perfect Jury in a Polarized World? – Speaking of Litigation Video Podcast

What makes a jury work—and what earns their trust? Dive into the nuanced world of jury selection with Epstein Becker Green attorneys Eric Neiman, Teddy McCormick, and Jonathan Brollier. This episode unpacks the art of voir...more

Holland & Knight LLP

Podcast - Presentation is Paramount

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In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small discusses the art of persuasive delivery in the courtroom. He shares invaluable strategies emphasizing the significance of factors such as...more

Holland & Hart - Your Trial Message

See Your Case from the Jury’s Eyes: My Time in the Box

When I received my jury summons a month or so ago, I was elated. But the feeling was brief, as I quickly concluded my service would likely end as quickly as it would begin. I’m a Litigation Consultant, I work for a law firm,...more

IMS Legal Strategies

Working the Crowd: Why Defense Attorneys Must Get Jurors Talking in Voir Dire

IMS Legal Strategies on

Picture this: defense counsel sits at the ready, voir dire gameplan in hand—a list of 40+ questions and their follow-ups—to identify the worst jurors and maximize cause challenges. It is a very plaintiff-friendly venue; they...more

IMS Legal Strategies

Targeting Safetyism in Defense Voir Dire | Episode 71

IMS Legal Strategies on

Explore how safetyism drives high jury verdicts and how defense teams can effectively navigate this evolving mindset in the courtroom. In this episode, IMS Senior Jury Consulting Advisor Dr. Jill Leibold and Senior Jury...more

Fox Rothschild LLP

The Presumption of Innocence Podcast: Episode 49 - Perspectives From the Bench: Anatomy of a Criminal Trial With Retired Judge...

Fox Rothschild LLP on

The Honorable Margaret Foti, formerly the Presiding Judge of the Criminal Division of the Superior Court of New Jersey, Bergen County, joins host Matt Adams to examine the state’s criminal trial process from the view of the...more

IMS Legal Strategies

A New Focus for Defense Voir Dire: Safetyism

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As we speak, plaintiff attorneys are leveraging the spread of safetyism—a widespread expectation of 100% safe, 100% of the time—to obtain nuclear verdicts. This is not just another “reptile” strategy that preys on their fear...more

Holland & Hart - Your Trial Message

Be Alert for Conspiracy Thinkers in Jury Selection

As your juror hears testimony from a banking executive, is she thinking that banks are secretly controlling society? As another juror hears from a medical expert, is he thinking that experts like that are the ones who caused...more

Carlton Fields

Florida Appeals Court Decisions: Week of October 7-11, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Parrott v. Neway - bankruptcy, appeal, timeliness - Muscogee (Creek) Nation v. Rolin - tribal immunity - Hornady v. Outekumpu Stainless - default judgment sanction - USA...more

IMS Legal Strategies

Choosing the Right Corporate Representative

IMS Legal Strategies on

Is there anything you would like to say to my client right now?” asked the attorney roleplaying plaintiff’s counsel in a recent witness preparation session. The witness, a corporate representative for a trucking company whose...more

U.S. Legal Support

Bench Trial vs. Jury Trial: Preparing for Each

U.S. Legal Support on

When a case proceeds to trial, a legal team may face a critical decision about whether to have it adjudicated by a jury of peers or a single judge. Both options can offer benefits depending on the merits and subject matter...more

U.S. Legal Support

How to Conduct Voir Dire: A Practical Guide

U.S. Legal Support on

The literal translation of the French phrase voir dire is “to speak the truth.” In law, it’s the process of questioning an individual prior to jury duty or witnessing to determine their suitability....more

IMS Legal Strategies

How To Make The Most Of Limited Voir Dire

IMS Legal Strategies on

In a perfect world, counsel can accomplish many goals during voir dire—but when a judge puts a strict clock on the process, those goals quickly narrow. Whether you have 15 or 45 minutes, or some amount to be determined, only...more

IMS Legal Strategies

Jury Selection’s Most Misunderstood Secret Weapon

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Jury selection in the Trump hush-money trial briefly put jury consultants back in the spotlight as media pundits and their contributors discussed the Trump team’s efforts to search prospective jurors’ social media accounts...more

Holland & Hart - Your Trial Message

Don’t Select Your Jury on Gut or Habit: Create a Unique Jury Profile for Every Case

Of all the areas of legal lore, perhaps none are more loaded down with mystique than jury selection. Attorneys with long experience will develop some pretty solid views, and those habits on who they’re looking to seat and who...more

U.S. Legal Support

How to Select a Jury: Guide for Lawyers

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In most legal battles in the US, the ultimate decisions about guilt or innocence—along with sentencing and other concerns—are made not by attorneys or judges but by the jury panel. The role every citizen is responsible for...more

Holland & Hart - Your Trial Message

Profile Your Nuclear Juror (Based on the Research)

In addition to making their views known at the ballot box, citizens can similarly broadcast their sentiments in the civil jury box. While they’re asked to merely make a factual finding limited to a specific dispute, the...more

Holland & Hart - Your Trial Message

Fight (Constitutionally) for Your Peremptory Strikes

It has become more commonplace to hear talk about a future of litigation without peremptory strikes. After all, Arizona in 2022 was the first state to eliminate strikes in all cases, and it may not be the last. California and...more

U.S. Legal Support

Jury Research: Methods and Best Practices

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Law students spend years training to evaluate details and learn procedures that don’t always fall under the umbrella of common sense to laypersons. The most important issues that seem obvious to attorneys can be ignored by...more

Holland & Hart - Your Trial Message

Your Voir Dire Questions: Don’t Be Scared of Simple

By Dr. Ken Broda-Bahm: Yesterday, I spent the full day as a prospective juror at the Lindsey-Flanigan Courthouse in Denver. As you can tell from the fact that I’m writing about it, I did not get selected for the jury...more

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