With New Civil Jury Selection Rule, Litigants Should Carefully Weigh Waiver Risks
The rule change includes the option for parties to expressly waive the judge’s direct presence during the selection process. In this regard, litigants should carefully weigh the consequences of waiving judicial oversight and must look no further than the Pennsylvania Supreme Court’s discussion of the impact of a waiver in such circumstances discussed in Trigg v. Children’s Hospital of Pittsburgh of UPMC, 229 A.3d 260 (Pa. 2020), where multiple members of the court called upon the Civil Procedure Rules Committee to examine the manner in which civil juries are selected.
January 20, 2025 at 01:30 PM
6 minute read
The Pennsylvania Supreme Court recently approved amendments to the commonwealth’s civil jury selection process, introducing significant changes to how jurors are selected in Philadelphia County. These changes include a mandate that judges directly oversee jury selection, which represents a critical shift from a long-standing practice of delegating much of the process to judicial staff.
Historically, tipstaff and other court personnel managed voir dire, ruling on strikes for cause and evaluating hardship claims and prospective jurors’ credibility with considerable autonomy. While litigants retained the option to involve the judge in disputes, this often occurred over the phone or in brief interventions, with judges rarely maintaining active involvement thereafter. Right or wrong, this system placed significant control over a pivotal component of the trial—the selection of those who would ultimately decide the case—in the hands of court staff rather than the trial judge.
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