C.R.C.P. 347 (County Court)

(a) Orientation and Examination of Jurors. An orientation and examination shall be

conducted to inform prospective jurors about their duties and service and to obtain

information about prospective jurors to facilitate an intelligent exercise of challenges for

cause and peremptory challenges.

(1) The jury commissioner is authorized to examine and, when appropriate, excuse

prospective jurors who do not satisfy the statutory qualifications for jury service, or who

are entitled to a postponement, or as otherwise authorized by appropriate court order.

(2) When prospective jurors have reported to the courtroom, the judge shall explain to

them in plain and clear language:

(I) The grounds for challenge for cause;

(II) Each juror’s duty to volunteer information that would constitute a disqualification

or give rise to a challenge for cause;

(III) The identities of the parties and their counsel;

(IV) The nature of the case, utilizing the parties’ CJI(3d) Instruction 2:1 or, alternatively, a joint statement of factual information intended to provide a relevant context for

the prospective jurors to respond to questions asked of them. Alternatively, at the request of

counsel and in the discretion of the judge, counsel may present such information through

brief, non-argumentative statements.

(V) General legal principles applicable to the case, including burdens of proof, definitions of preponderance and other pertinent evidentiary standards and other matters that

jurors will be required to consider and apply in deciding the issues.

(3) The judge shall ask prospective jurors questions concerning their qualifications to

serve as jurors. The parties or their counsel shall be permitted to ask the prospective jurors

additional questions. In the discretion of the judge, juror questionnaires, posterboards and

other methods may be used. In order to minimize delay, the judge may reasonably limit the

time available to the parties or their counsel for juror examination. The court may limit or

terminate repetitious, irrelevant, unreasonably lengthy, abusive, or otherwise improper

examination.

(4) Jurors shall not be required to disclose personal locating information, such as

address or place of business in open court and such information shall not be maintained in

files open to the public. The trial judge shall assure that parties and counsel have access to

appropriate and necessary locating information.

(5) Once the jury is impaneled, the judge shall explain the general principles of law

applicable to civil cases, the procedural guidelines regarding conduct by jurors during the

trial, case specific legal principles and definitions of technical or special terms expected to

be used during the presentation of the case.

(b) Alternate Jurors. No alternate jurors shall be called or impaneled to sit on juries

in the county court.

(c) Challenge to Array. A challenge to the array of jurors may not be made by either

party.

(d) Challenge to Individual Jurors. A challenge to an individual juror may be for

cause or peremptory.

(e) Challenges for Cause. Challenges for cause may be taken on one or more of the

following grounds:

(1) A want of any of the qualifications prescribed by the statute to render a person

competent as a juror.

(2) Consanguinity or affinity within the third degree to any party.

(3) Standing in the relation of guardian, ward, employer, employee, principal, or agent

to any party, or being a member of the family of any party, or a partner in business with

any party or being security on any bond or obligation for any party.

(4) Having served as a juror or been a witness on a previous trial between the same

parties for the same cause of action.

(5) Interest on the part of the juror in the event of the action, or in the main question

involved in the action, except the interest of the juror as a member, or citizen of a

municipal corporation.

(6) Having formed or expressed an unqualified opinion or belief as to the merits of the

action.

(7) The existence of a state of mind in the juror evincing enmity against or bias to

either party.

(f) Order and Determination of Challenges for Cause. The plaintiff first, and

afterwards the defendant, shall complete challenges for cause. Such challenges shall be

tried by the court, and the juror challenged, and any other person, may be examined as a

witness.

(g) Order of Selecting Jury. The clerk shall draw by lot and call the number of jurors

that are to try the cause plus such an additional number as will allow for all peremptory

challenges permitted. After each challenge for cause sustained, another juror shall be called

to fill the vacancy and may be challenged for cause. When the challenges for cause are

completed, the clerk shall make a list of the jurors remaining in the order called and each

side beginning with plaintiff shall indicate thereon its peremptory challenge. The clerk

shall then swear the remaining jurors to the number required to try the cause and these

shall constitute the jury.

(h) Peremptory Challenges. Each side shall be entitled to one peremptory challenge,

and if there be more than one party to a side they must join in such challenge. One

additional peremptory challenge shall be allowed to each party appearing under Rule 324

if the trial court in its discretion determines that the ends of justice so require.

(i) Oath of Jurors. As soon as the jury is completed, an oath or affirmation shall be

administered to the jurors in substance:

That you and each of you will well and truly try the matter at issue between _____, the

plaintiff, and _____, the defendant, and a true verdict render, according to the evidence.

(j) When Juror Disqualified. If before verdict a juror becomes unable or disqualified

to perform the juror’s duty the parties may agree to proceed with the other jurors or agree

that a new juror be sworn and the trial begun anew. If the parties do not so agree the court

shall discharge the jury and the case shall be tried anew.

(k) Examination of Premises by Jury. The court may not order or permit the jury to

see or examine any property or place.

(l) Deliberation of Jury. After hearing the charge the jury may either decide in court

or retire for deliberation. If it retires, except as hereinafter provided in this section, it shall

be kept together in a separate room or other convenient place under the charge of one or

more officers until it agrees upon a verdict or is discharged. While the jury is deliberating

the officer shall, to the utmost of the officer’s ability, keep the jury together, separate from

other persons. The officer shall not communicate or allow any communication to be made

to any juror unless by order of the court except to ask it if it has agreed upon a verdict, and

shall not, before the verdict is rendered, communicate with any person the state of its

deliberations or the verdict agreed upon. The court in its discretion in any individual case

may modify the procedure under this Rule by permitting a jury which is deliberating to

separate during the luncheon or dinner hour or separate for the night under appropriate

cautionary instructions, with directions that they meet again at a time certain to resume

deliberations again under the charge of the appropriate officer.

(m) Items Taken to Deliberation. Upon retiring, the jurors shall take the jury

instructions, their juror notebooks and notes they personally made, if any, and to the extent

feasible, those exhibits that have been admitted as evidence.

(n) Additional Instructions. After the jury has retired for deliberation, if it desires

additional instructions, it may request the same from the court; any additional instructions

shall be given it in court in the presence of or after notice to the parties.

(o) New Trial if No Verdict. When a jury is discharged or prevented from giving a

verdict for any reason, the action shall be tried anew.

(p) When Sealed Verdict. While the jury is absent the court may adjourn from time to

time, in respect to other business, but it shall be nevertheless deemed open for every

purpose connected with the cause submitted to the jury, until a verdict is rendered or the

jury discharged. The court may direct the jury to bring in a sealed verdict at the opening of

court, in case of an agreement during a recess or adjournment for the day. A final

adjournment of the court for the term shall discharge the jury.

(q) Declaration of Verdict. When the jury has agreed upon its verdict it shall be

conducted into court by the officer in charge. The names of the jurors shall be called, and

the jurors shall be asked by the court or clerk if they have agreed upon a verdict, and if the

answer be in the affirmative, they shall hand the same to the clerk. The clerk shall enter in

the record the names of the jurors. Upon a request of any party the jury may be polled.

(r) Correction of Verdict. If the verdict be informal or insufficient in any particular,

the jury, under the advice of the court, may correct it or may be again sent out.

(s) Verdict Recorded, Disagreement. The verdict, if agreed upon by all jurors, shall

be received and recorded and the jury discharged. If all the jurors do not concur in the

verdict, the jury may be again sent out, or may be discharged.

(t) Juror Notebooks. Juror notebooks may be available during trial and deliberation to

aid jurors in the performance of their duties.

(u) Juror Questions. Jurors shall be allowed to submit written questions to the court

for the court to ask of witnesses during trial, in compliance with procedures established by

the trial court. The trial court shall have the discretion to prohibit or limit questioning in a

particular trial for good cause.