TRIAL

(a) (b) Trial Date. The defendant must appear for trial on the trial day listed in the citation or later trial notice. Trial. An eviction case will be docketed and tried as other cases. No eviction trial may be held until 4 days has passed after service under Rule 510.8. (c) Jury Trial Demanded. (1) Demand. Any party is entitled to a trial by jury. A written demand for trial by jury must be filed with the court at least 3 days before the trial date or 3 days after service of citation and the petition, whichever is later. (2) Jury Fee. A party demanding a jury must pay a jury fee or must file a Statement of Inability to Afford Payment of Court Costs under Rule 510.7. (3) Withdrawal of Demand. If a party who demands a jury and pays the fee withdraws the demand, the case will remain on the jury docket unless all other parties present agree to try the case without a jury. A party that withdraws its jury demand is not entitled to a refund of the jury fee. (4) No Demand. If no jury is timely demanded by either party, the judge will try the case. Page 274 (5) (6) (7) (8) Drawing Jury and Oath. If no method of electronic draw has been implemented, the judge must write the names of all prospective jurors present on separate slips of paper as nearly alike as may be, place them in a box, mix them well, and then draw the names one by one from the box. The judge must list the names drawn and deliver a copy to each of the parties or their attorneys. Oath. After the draw, the judge must swear the panel as follows: “You solemnly swear or affirm that you will give true and correct answers to all questions asked of you concerning your qualifications as a juror.” Questioning the Jury. The judge, the parties, or their attorneys will be allowed to question jurors as to their ability to serve impartially in the trial but may not ask the jurors how they will rule in the case. The judge will have discretion to allow or disallow specific questions and determine the amount of time each side will have for this process. Challenge for Cause. A party may challenge any juror for cause. A challenge for cause is an objection made to a juror alleging some fact, such as a bias or prejudice, that disqualifies the juror from serving in the case or that renders the juror unfit to sit on the jury. The challenge must be made during jury questioning. The party must explain to the judge why the juror should be excluded from the jury. The judge must evaluate the questions and answers given and either grant or deny the challenge. When a challenge for cause has been sustained, the juror must be excused. (9) Challenges Not for Cause. After the judge determines any challenges for cause, each party may select up to 3 jurors to excuse for any reason or no reason at all. But no prospective juror may be excused for membership in a constitutionally protected class. (10) The Jury. After all challenges, the first 6 prospective jurors remaining on the list constitute the jury to try the case. (11) If Jury Is Incomplete. If challenges reduce the number of prospective jurors below 6, the judge may direct the sheriff, constable, or clerk to summon others and allow them to be questioned and challenged by the parties as before, until at least 6 remain. (12) Jury Sworn. When the jury has been selected, the judge must require them to take substantially the following oath: “You solemnly swear or affirm that you will render a true verdict according to the law and the evidence presented.” (13) Jury Not Charged. The judge must not charge the jury. Page 275 (d) (e) (f) (g) Judge to Develop the Case. A judge may question a witness or party and may summon any person or party to appear as a witness when the judge considers it necessary to ensure a correct judgment and a speedy disposition. Exclusion of Witnesses. The court must, on a party’s request, or may, on its own initiative, order witnesses excluded so that they cannot hear the testimony of other witnesses. This rule does not authorize the exclusion of: (1) a party who is a natural person or the spouse of such natural person; (2) (3) an officer or employee designated as a representative of a party who is not a natural person; or a person whose presence is shown by a party to be essential to the presentation of the party’s case. Docket Called. On the day of the trial setting, the judge must call all of the cases set for trial that day. If Plaintiff Fails to Appear. If the plaintiff fails to appear when the case is called for trial, the judge may postpone or dismiss the suit.