Trial Court Had No Authority to Reopen Voir Dire After Jury Impaneled in Civil Case, State Appellate Court Rules
"The parties have cited no statute or case law, and we have found none, specifically addressing the trial court’s authority in a civil action to reopen jury voir dire and allow challenges for cause or peremptory challenges after the jury has been impaneled," North Carolina Appellate Judge Allegra Collins wrote.
January 16, 2025 at 06:17 PM
5 minute read
In a matter of first impression, the North Carolina Court of Appeals on Wednesday found that a trial court had no authority to grant a request to remove and replace a juror in a civil case after the jury had already been impaneled.
In a Jan. 15 opinion, the North Carolina Court of Appeals remanded a judgment entered against a couple who sued another couple for negligence, nuisance and trespassing on their property. Although the defendants suspected a juror of personal connections to the plaintiffs and won a verdict from the jury, Appellate Judge Allegra Collins ruled a trial court cannot allow a peremptory challenge and reopen a jury after it's impaneled.
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