JURY TRIALS

(a) Statutory right to a jury trial. A jury trial may be demanded in criminal cases pursuant to section 99-33-9 of the Mississippi Code and in civil actions pursuant section 11-9-143 of the Mississippi Code. (b) Summons of jurors. When a jury trial is demanded pursuant to a statutory right to a jury trial, the justice court clerk shall notify the circuit court clerk who shall issue summonses for a jury in the same manner as for circuit court. The summonses shall be returnable to justice court. (c) Procedures in criminal cases. In criminals cases, the court shall conduct jury trials pursuant to the Mississippi Rules of Criminal Procedure as applicable to justice courts. (d) Procedures in civil actions. 4 (1) Composition of jury. Juries shall consist of six (6) persons and, in the discretion of the court, an alternate juror. Any person called as a juror for the trial of any cause shall be examined under oath or upon affirmation as to his/her qualifications. (2) Voir dire. Voir dire is the procedure whereby the court and the attorneys or parties ask questions of the venire to ensure the selection of a fair and impartial jury. It shall proceed in the following order: (i) (ii) (iii) The judge asks questions of the venire; The plaintiff’s attorney or the plaintiff asks questions of the venire; and The defendant’s attorney or the defendant asks questions of the venire. Individual jurors may be examined only by leave of court upon good cause shown. No hypothetical questions shall be allowed requiring any juror to pledge a particular verdict. Attorneys or parties shall not offer an opinion on the law. The judge may set a reasonable time limit for voir dire. (3) Selecting the jury panel. The jury panel shall be selected, in the order of their appearance on the venire, as follows: (i) (ii) (iii) (iv) The court shall consider all challenges for cause; The plaintiff’s attorney or the plaintiff may use one or both of its peremptory challenges, then tender to the defendant a full panel of accepted jurors; The defendant’s attorney or the defendant may use one or both of its peremptory challenges, then tender to the plaintiff a full panel of accepted jurors; and Steps (ii) and (iii) of this subdivision are then repeated until a full panel of jurors has been accepted by both sides. Each side shall have two (2) peremptory challenges. Objections shall be made at the time the panel is tendered to the opposing party. Upon the motion of any party, or upon the judge’s own initiative, the judge shall excuse any juror from service in the case if there is reasonable ground to believe that such juror cannot render a fair and impartial verdict. (4) Alternate jurors. Once a jury panel is selected, an alternate juror is selected following the same procedures set forth above for selecting the jury panel, except that each side is only allowed one peremptory challenge. The alternate juror shall take the oath of a juror and hear all evidence and arguments, but may not retire to deliberate the case unless a juror is excused by the court or becomes unable to serve. (5) Communications with jurors. Jurors are not permitted to mix and mingle anywhere in the courthouse with the attorneys, the parties, the witnesses, or spectators. The judge must instruct jurors to avoid all contact with the attorneys, the parties, the witnesses, and any spectators. (6) Jury instructions. Procedures for instructions to the jury shall be consistent with