What Judges Can Do to Preserve Jury Trials

The Pretrial Agreements are now being used by some courts to get the parties to make their own rules for expediting discovery. * Abide by the Juror's Bill of Rights developed by Judge Mark W. Bennett of the Northern District of Iowa. Most lawyers appreciate the additional information provided by one- or two-page questionnaires, if they receive the completed questionnaires in time to study them before they must conduct voir dire or exercise their "for cause" or peremptory challenges. * Require a telephone conference with the clients on the line, before anyone can file a motion, including a dispositive one, to get the court's reaction and leave. In civil cases, without any rule changes, judges have the ability to allow jurors to ask questions, take notes, discuss the evidence with other jurors before final deliberations, be given individual copies of instructions on the law and the verdict form at the start of the case, and hear interim arguments of counsel.