Washington Cnty. C.P. Local Rule L-212.8 - Mini-Jury Trials (2024)

RULE L-212.8. MINI-JURY TRIALS

(1) Purposes. The purpose of mini-jury trials is to establish a less formal procedure for the

resolution of civil actions for money damages while preserving the right to a jury trial de

novo. As a part of the Court’s pre-trial procedure, the Court may refer cases for a mini-jury

trial upon motion of a party or sua sponte.

(2) Preliminary considerations. The following shall be considered, but shall not be controlling,

in determining if civil cases are amenable for a mini-jury trial.

(a) Time necessary for regular trial. The Court will determine if the regular trial time

would be three (3) days or more.

(b) Consent of attorneys. While the Court will attempt to obtain the consent of the

attorneys to a mini-jury trial, the Court shall have the authority to direct a mini-jury

trial as an extension of the settlement conference.

(c) Existing offer and demand. The Court will attempt to obtain the agreement of

counsel to keep any current offer or demand open for forty-eight hours after the

mini-jury trial verdict.

(d) Credibility. The Court will determine if the major issues will be resolved on the

basis of credibility.

(e) Appeals from arbitration. Cases appealed from arbitration will be presumptive

candidates for mini-jury trials.

(3) The following procedures shall apply to all mini-jury trials:

(a) Attendance of parties. Individual parties shall attend the mini-jury trial in person.

An officer or other responsible lay representative of a corporate party or a claims

adjuster for an insurance carrier shall attend the mini-jury trial.

(b) Non-binding effect. Mini-jury trials are for settlement purposes only and are non-binding. Nothing done by counsel with reference to the mini-jury trial shall be

binding on counsel, the parties, nor shall anything constitute a waiver, unless

specifically stipulated to or agreed upon by the parties.

(c) Special verdict questions. Cases will be submitted to the jurors by way of special

verdict questions. Counsel shall submit to the Special Master, forty-eight (48) hours

prior to the selection of the jury, a joint statement or proposed special verdict

questions, for use at trial. If counsel cannot agree on a joint statement, the Special

Master will select the special verdict questions to be used. Special verdict questions

for the mini-jury trial need not be the same as those for a regular jury trial. The jury

will determine the amount of damages in all cases, regardless of whether a

defendant is found to be liable or not liable. The Special Master will determine the

format to be used and make rulings on disputed questions.

(d) Size of Jury. The number of jurors shall be six (6) and the agreement of five- sixths

of the jury shall be necessary to reach a verdict. There shall be no preemptory

challenges to jurors, but jurors may be excused for cause.

(e) Presentation of the case by counsel. Each side shall be entitled to one hour for

presentation of its case unless counsel presents a compelling reason at a pre-trial

conference why more time for each side should be allocated. Presentation of the

case by counsel may involve a combination of argument, summarization of

evidence to be presented at the regular 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 call witnesses, but cross-examination shall only be

done as part of a party’s presentation of its case. Counsel may quote from

depositions and/or reports to the extent that such evidence can reasonably be

anticipated to be admissible at the time of trial. Counsel should not refer to evidence

which would not be admissible at trial. The Plaintiff shall proceed first and shall

have a five (5) minute rebuttal following the presentation of the defendant’s case.

(f) Applicable law. The Special Master will charge the jury on the applicable law to

the extent it is appropriate and needed to be known by the jury in answering the

special verdict questions. The points for charge shall be submitted jointly by the

parties to the Special Master forty-eight (48) hours prior to the selection of the mini-jury. The Special Master shall decide on any disputes on a point for charge.

(g) Jury verdict. The jury will be asked to return a verdict if five-sixth of them agree to

it. (The same five-sixth majority need not answer each special verdict question.)

(h) Length of Deliberations. If the jury does not reach a five-sixth majority verdict

within a reasonable time, the Special Master will consider polling the jurors

individually.

(i) Oral Questions to Mini-Jury. After the verdict, counsel may address questions in

open court to the foreperson of the jury. Only questions that can be answered “yes”

or “no” or by a dollar figure may be asked. The attorneys shall be limited to ten

questions each unless a greater number is allowed by the Special Master. No

questions shall be asked such that the answers will disclose the personal view of

any particular member of the jury.

(j) Scheduling Regular Trial. Should the mini-jury trial not result in a settlement, the

regular trial shall not be held the same calendar week unless the jury is dismissed

and will not come into contact with the balance of the venire.

(k) Release of verdict. The mini-jury trial is an extension of the settlement conference,

and the verdict shall not be filed or otherwise made public.

(4) Selection of Special Masters. The Court Administrator shall maintain a roster of approved

Special Masters, who shall be attorneys admitted to practice for not less than ten (10) years.

The parties may agree upon a Special Master who is not on the roster maintained by the

Court Administrator, provided that the name of such person is submitted to, and approved

by, the President Judge or the judge to whom the case is assigned.

(5) Each party to a case selected for mini-jury trial shall pay a fee made payable to the County

of Washington and submitted to the Office of the Court Administrator for processing. The

mini-jury trial fee shall be set by administrative order, and information regarding the fee

shall be available in the Office of the Court Administrator. The special master shall be

compensated at a commensurable rate to their service, as established by the Court

Administrator and approved by the Court.

(a) Application Process. Any lawyer possessing the qualifications may submit a written

request to serve as a Special Master to the Court Administrator. The President Judge

shall certify as many Special Masters as determined to be necessary for the program.

(b) Withdrawal by Special Master. Any person whose name appears on the roster

maintained by the Court Administrator may ask to have his/her name removed or,

if selected to serve, decline to serve but remain on the roster.

(c) Disqualification. Persons selected to be Special Masters shall be disqualified for

bias or prejudice and shall disqualify themselves in any action in which they would

be required to disqualify themselves if they were a judge.

(6) Sanctions. If a party, or their counsel, fails to comply with this rule, the Special Master may

continue the mini-jury trial to another date as selected by the Court Administrator. If the

mini- jury trial is continued, the Court may enter sanctions against the offending party or

counsel, including the imposition of counsel fees, juror costs, and any other appropriate

relief.