Blair Cnty. C.P. Local Rules - Civil Rule 302

(a) Preliminary Considerations. The following shall be considered, but shall not be controlling,

in determining if civil cases are appropriate for a summary jury trial:

(1) Time Necessary for Regular Trial, Damages and Issues Involved.

The Court will determine if the regular trial time would be one or several days, including

time for jury selection and closings and charge. The Court will also consider the amount

of damages and whether complex legal issues are involved.

(2) Consent of Attorneys.

The Court will attempt to obtain the consent of the attorneys to conduct a summary jury

trial, but the Court shall have the authority to direct a summary jury trial as an extension

of the settlement conference.

(3) Offer and Demand.

The Court will consider the existing offer and demand, if any, in assessing the suitability

of a case for jury trial.

(4) Credibility.

The Court will determine whether the major issues of the case will be resolved on the

basis of credibility.

(b) Summary Jury Trials. The following procedures shall apply to all summary jury trials:

(1) Attendance of Parties.

Individual parties shall attend the summary jury trial. Additionally, an officer or other

responsible lay representative of a corporate party or a claims adjuster for an insurance

carrier shall attend the summary jury trial.

(2) Non-Binding Effect.

Summary jury trials are for settlement purposes only and are non-binding. Nothing done

by counsel with reference to the summary jury trial shall be binding on counsel or the

parties or shall constitute a waiver. However, a summary jury trial may be made binding

or damages can be floored and capped with a high/low by agreement of counsel and

parties.

(3) Special Verdict Questions.

The cases will be submitted to the summary jury trial by way of special verdict questions.

Each counsel shall submit a statement of proposed special verdict questions for use at the

summary jury trial prior to the selection of the jury. Special verdict questions for the

summary jury trial need not be the same as those for the formal jury trial. In the Court’s

discretion, the jury may be requested to determine the amount of damages in any given

case regardless of whether a defendant is found to be liable or not liable. The Court will

determine the verdict slip format to be used and rule on disputed special verdict

questions.

(4) Selection of Juries.

Summary juries shall consist of eight (8) jurors. Counsel shall not be present at jury

selection except by leave of Court. The Court will select summary juries using the

standard summary jury trial voir dire questions contained under Section 3 of this rule.

Should counsel wish the Court to ask additional voir dire questions, they should submit

proposed voir dire for the Court’s use no later than ten (10) days prior to the jury selection

date.

(5) Narrative Statements.

In the discretion of the Court, counsel may be required to file narrative statements which

will be read to the jury at the start of the summary jury trial. Such narrative statements

shall consist of a brief (1-2 pages) description of each party’s position on the facts and the

law. The purpose of reading the narrative statements is to provide the jury with a short

overview of each party’s case prior to presentation by counsel.

(6) Presentation of the Case by Counsel.

Each side shall be entitled to one (1) hour for presentation of its case unless counsel

presents a compelling reason at a pre-trial or status conference why more time for each

side should be allowed. Presentation of the case by counsel will involve a combination of

argument, summarization of the evidence which would be presented at the standard trial

and a statement of the applicable law, but only to the extent it is needed to be known by

the jury in answering the special verdict questions. Counsel may argue the reasonable

inferences that may be drawn from the discovery. Counsel may choose to present live

testimony. In such cases, no more than two (2) witnesses for each side may be called for

full direct examination and cross examination. Time spent by counsel in direct

examination and cross examination of witnesses counts against their respective one (l)

hour allotted times. Counsel may quote from depositions and may use exhibits and video

tapes. Counsel should not refer to evidence which would not be admissible at trial. The

plaintiff shall proceed first and shall have a short rebuttal (10-15 minutes as determined by

the Court).

(7) Points for Charge & Pre-trial Motions.

The Court will charge the jury on the applicable law to the extent it is appropriate and

necessary for the jury in answering the special verdict questions. The attorneys shall each

submit proposed points for charge to the Court no later than ten (10) days prior to the

selection of the summary jury. The Court shall rule on any disputes regarding points for

charge and/or proposed verdict slips. Any pre-trial motions shall be submitted to the

Court no later than ten (10) days prior to the summary jury trial date.

(8) Jury Verdict.

The jury will be asked to determine a verdict if seven (7) out of eight (8) or six (6) out of

eight (8) of them, within the discretion of the Court, agree to it.

(9) Length of Deliberations.

If the jury does not reach a verdict within a reasonable time, the Court will consider

polling the jurors individually.

(10) Oral Questions to the Summary Jury.

After the verdict, counsel and the Court may address questions in open court to the jury.

No one is required to answer. Participation by jurors is strictly voluntary.

(11) Settlement Conference.

Within sixty (60) days of the non-binding summary jury trial, the Court will schedule a

settlement conference at which an amicable resolution of the action will be attempted.

Parties, representatives of corporate parties, and claims adjusters with authority to settle

the case are required to personally attend the settlement conference.

(12) Regular Trial Date Unaffected.

Submission of a case to the summary jury trial process will in no way affect the s

scheduling of that case for standard trial.

(13) Existing Offer and Demand.

Should counsel agree to conduct a summary jury trial, the existing offer and demand

shall remain unaltered through the summary jury trial until the settlement conference.

(14) Non-Release of Summary Verdict to Media.

The summary trial is an extension of the settlement conference, and as such verdict shall

not be released to the media.

(c) Standard Summary Jury Trial Voir Dire Questions.

The Court will select your jury. In addition to the written juror questionnaire completed by

each juror, the Court will give the following voir dire:

(1) The Court will determine the juror’s availability for the specific date and time of the

summary jury trial. If the case starts in the morning, the Court will determine prospective

jurors’ availability all day. If it begins in the afternoon, the Court will determine their

availability through the dinner hour into the early evening.

(2) The Court will ask if any of the prospective jurors for any health reason are unable to

perform their task as jurors, which would require them to sit for a period of as long as one

(1) hour without a recess, e.g., any hearing difficulties, recent surgeries, nervous

conditions.

(3) The Court will give the parties a brief factual summary of the case to determine if any of

the jurors have knowledge of the allegations in the case.

(4) The Court will specifically identify the plaintiff and defendant by name and address to

further determine if any of the prospective jurors know them.

(5) The Court will determine if any of the prospective jurors have had any social or business

dealings, past or present, with either of the attorneys or their law firms.

(6) If there are any particular witnesses who are significant to the case, lay or medical, the

Court will identify them to the jury and determine the prospective juror’s knowledge

or contact with them.

(7) The Court will explore whether any of the prospective jurors have had a similar injury to

that claimed by the plaintiff or if a close friend or family member has had such an injury

so it can be determined whether there might be some bias regarding the injury itself.

(8) When any of the parties is other than an individual, the Court will emphasize and explore

the prospective juror’s ability to give a corporation, for example, the same fair

consideration to which any other party is entitled.

(9) The prospective jurors will be asked whether they have any fixed opinions which would

prevent them from awarding money damages in cases where fault is determined to exist

and an actual injury has resulted from the defendant.

(10) The prospective jurors will be asked whether they have any fixed opinion that would

prevent them from deciding that a defendant is not liable if the evidence shows either

that the defendant was not at fault or that the defendant’s fault caused no actual injury to

the plaintiff.

(11) The prospective jurors will be asked whether any of them have been involved either as a

plaintiff been involved either as a plaintiff or a defendant in the particular type of case

before the court or whether a family member or close personal friend has been involved

in a case such that it would have any bearing on their ability to sit fairly and impartially

(e.g., medical malpractice, slip and fall, automobile collision).

(12) The prospective jurors will be asked if there is any other reason not stated by the Court

why they would be unable to sit fairly and impartially in this particular matter.

(13) If counsel desire any additional voir dire, it should be submitted to the Court at least ten

(10) days prior to jury selection. We note that any positive responses will result in the

prospective juror being stricken. We make no concerted attempt to rehabilitate summary

trial jurors since we have so many from which to pick. In terms of an equal mix of ages,

gender, and other background information, we try to assure a diverse selection.