Jury Trials: Representing Yourself

Parties have the right to a jury trial in almost every court case. If you want to represent yourself in court, you can still present your case before a jury. Whether you should represent yourself is another matter. Jury trials require a greater knowledge of court procedures and processes than a bench trial.

Jury trials have a level of difficulty and formality not often present in a bench trial. While there are self-help centers to help prepare non-lawyers for a court hearing, handling a case in court can be daunting. Every jurisdiction is different, but understanding the basic procedures helps eliminate some of the mystery.

Cases Eligible for Jury Trial

Jury trials are not available in every case. Trials involving child custody, child support, or juvenile delinquency are ineligible for a jury trial. Most jurisdictions allow jury trials for civil cases involving monetary damages, such as personal injury, malpractice, or breach of contract claims.

Self-represented litigants may need legal advice if they have:

• A criminal case where they must cross-examine witnesses or present evidence
• Civil cases with multiple defendants
• Any type of case with legal negotiations, such as plea bargains

You may need an attorney because self-represented litigants often need help navigating the court system. The clerk's office can help you file your court forms and answers for general information, but court staff cannot give you legal information. If you're unsure your case is eligible for a jury trial, speak to an attorney.

Requesting a Jury Trial

A judge will preside over a case unless one of the litigants requests a jury trial. To exercise this right, a litigant must:

• Make a request: Parties must make their requests in writing by the court deadline
• Pay the fee: The litigant that requests a jury trial must pay the deposit, often a day's jury fees

Failing to pay the fee or request a trial on time waives the right to a jury trial.

You may need an attorney because the court process seems straightforward, but it can intimidate pro se litigants. You can find the forms on the court's website, but you are responsible for following court rules on contact information for opposing parties and service of process. The judge may dismiss your case if the other party is not advised of the court date.

Jury Selection

Before a jury trial begins, the litigants must select the jury. The court clerk sends notices to a jury pool, which consists of individuals who live in the county. The number of prospective jurors chosen will depend on the estimated number needed for trial. For example, a traditional jury of 12 jurors starts by selecting 30 potential jurors. The clerk brings the prospective jurors to the courtroom for voir dire.

Questioning the Jurors: Voir Dire

Voir dire means "to speak the truth." In a jury voir dire, the judge and attorneys ask prospective jurors questions to remove those with biases or preconceived notions about the case. In high-profile cases, attorneys use professional jury consultants to assess jurors' possible strengths and weaknesses.

The judge screens the jurors on background issues. If the trial may last more than a week, the judge asks if any jurors have conflicts or other reasons they cannot serve. For instance, judges may excuse single parents who have no one to look after young children after school.

After the judge asks basic questions, the attorneys or pro se litigants ask questions based on the trial subject matter. Attorneys often want to avoid other attorneys on a jury. Criminal attorneys try to remove police and other law enforcement officers. In general, the goal is a balanced jury.

In a standard voir dire, attorneys and pro se litigants may ask each juror up to 20 questions. Some courts set time limits on the voir dire, especially in routine cases. The questions may include asking about prior knowledge of the case or the litigants, knowledge of the subject matter, or opinions on the outcome. 

In a criminal trial, attorneys often ask jurors how they feel about certain penalties. In civil trials, voir dire centers on the ability to understand complex financial or scientific evidence.

You may need an attorney if you do not know the rules of evidence, grounds for an objection, or how to file a motion in limine. By the time you're in the courtroom, it's too late to learn. Selecting the right jurors can make or break your case. Non-lawyers cannot learn the art of questioning jurors on the fly. Consider having legal help for your voir dire.

Challenging Jurors

During voir dire, the attorneys have the right to challenge a juror. Either party may ask the judge to remove (dismiss) a prospective juror and send in a new one. Then, the process begins again.

Attorneys may make two kinds of challenges:

• Challenges for cause: If the attorney feels a juror may not be fair or impartial, they ask the judge to dismiss the juror for cause. Cause can include something in the juror's background, prior knowledge of the case or a party, or something in the juror's answers during voir dire. Attorneys may have unlimited challenges for cause.
• Peremptory challenges: Parties can remove a limited number of jurors for no reason. The attorney does not have to give a reason unless the opposing counsel alleges the removal was for a discriminatory purpose.

Get Legal Advice

A civil case will not guarantee an attorney, so you may need to represent yourself if you can't afford one. In some states, small claims courts don't allow you to have an attorney. For other courts, consider speaking with an attorney.

In criminal court, defendants are guaranteed legal representation and should take advantage of that right. For low-stakes civil cases, you can find low-cost and pro bono civil attorneys in your area through legal aid centers or your state bar association. They may be able to guide you to other solutions, such as alternative dispute resolution, or ADR.