Who
Can Have A Jury Trial?
Are There Rules About Jury Conduct?
How Is A Juror Selected For A Particular
Case?
What Is Voir Dire Or Questioning Of The Jury
Panel?
What If I Have A Special Need or Emergency?
Order Of
Events Of The Trial
Opening Statements:
Presentation Of Evidence:
Rulings By The Judge:
Instructions To The Jury:
Closing Arguments:
Deliberations And Verdict Of The
Jury:
When In Doubt, Ask The Judge:
Juror Information -
Questions & Answers
Q.
Why Is Jury Service Important?
A. The United States Constitution and the Texas Constitution
guarantee all people, regardless of race, religion, sex,
national origin, or economic status, the right to trial by
an impartial jury. Justice ultimately depends to a large
measure upon the quality of the jurors who serve in our
courts.
Q.
What Is My Duty As A Juror?
A. As a juror, you must be fair and impartial. Your actions
and decisions must be free of any bias or prejudice. Your
actions and decisions are the foundation of our judicial
system.
Q. How Was I Selected?
A. You were selected at random from a list of voter
registrations and a list of driver registrations from the
county in which you live.
Q. Am I Eligible?
Jurors must:
- Be a citizen of the United States and of this State.
- Be at least 18 years of age.
- Reside in the county of jury service.
- Be able to read and write.
- Be of sound mind.
You cannot serve on a jury if:
- You have been convicted of a felony or of any type
of theft (unless rights have been restored);
- You are now on probation or deferred adjudication
for a felony or for any type of theft;
- You are now under indictment for a felony or are now
under criminal charges for any type of theft.
If you are in
doubt, or think you may not be qualified to serve on a
jury for one of the above or any other reasons, please
notify the
Jury Clerk.
Q.
Who Can Be Excused From Jury Service?
A. You are entitled to be excused as a juror if you:
- Are over 70 years of age;
- Have legal custody of a child under 10 years of age
and jury service would leave the child unsupervised;
- Are a student in class;
- Are the caretaker of a person who is unable to care
for themselves (an invalid);
- Can show a physical or mental impairment or an
inability to comprehend or to communicate in English.
- Are a member of the United States military forces
serving on active duty and deployed to a location away
from your home station and out of your country of
resident.
Q.
What Are The Different Types Of Cases?
A. There are two basic types of cases, criminal and civil
(including family cases).
Criminal Cases:
A criminal case results when a person is accused of
committing a crime. You, as a juror, must decide whether
the person charged is guilty or not guilty. The accused
person is presumed innocent, and the State, represented
by the District or County Attorney, must prove guilt
"beyond a reasonable doubt."
Civil Cases:
A civil case results from a disagreement or dispute
between two or more parties. In a civil case, you, as a
juror, must answer questions of disputed facts based
upon the testimony and evidence admitted by the Judge.
The answers to these questions are called the verdict.
Q.
Will I Be Paid For Being A Juror?
A. Yes. You will be paid a minimum of $10.00 for each day you
actually serve on the jury.
Comal
County jurors are paid at the rate of $10.00 the first day
you appear in answer to a summons.
For each day following
the first day of jury service, jurors shall be paid $28
for each day of service.
Grand Jurors are paid $10.00 the first day of service
and $28 each day of service thereafter.
Q.
Must My Employer Pay Me While I am On Jury Duty?
A. Your employer is not required to pay you while on jury
duty: however, employers are prohibited by law from firing
an employee for serving as a juror.
Q.
Who Can Have A Jury Trial?
A. Any person charged with a criminal offense or any party
to a civil case has a right to a jury trial. All parties are
equal before the law and each is entitled to the same fair
treatment.
Q.
Are There Rules About Jury Conduct?
A. Yes. The Texas Supreme Court has rules to assist you in
your conduct as a juror, which will be given to you by the
Judge.
Q.
How Is A Juror Selected For A Particular Case?
A. Cases will usually be heard by juries of 12 jurors.
A larger group, called a panel, will be sent to the trial
court (courtroom) where the jurors will be questioned under
the supervision of the Judge. A juror may be excused from
the panel if it is shown that the juror cannot act
impartially concerning the case to be heard. In addition,
each side is allowed to remove a given number of jurors from
the panel without having to show any reason. The trial jury
will be the first 12 of the remaining jurors on the
panel.
Q.
What Is Voir Dire Or Questioning Of The Jury Panel?
A. It is a way for the parties to select a fair and
impartial jury. Under the justice system, you may be
questioned by each of the lawyers before they decide to
remove a certain number of jurors from the jury panel. For
example, the lawyer may ask you questions to see if you are
connected to the trial or if you have any prejudice or bias
toward anyone in the trial. These questions are not intended
to embarrass you, but rather to help the lawyers in the jury
selection process. You may ask the Judge to allow you to
answer some questions away from the other jurors.
Q.
What If I Have A Special Need or Emergency?
A. After you have been selected as a juror on a trial panel,
if you have a special need or an emergency, tell the
bailiff.
Order Of Events Of The Trial
Opening Statements:
The lawyers for each side may explain the case, the
evidence they will present, and the issues for you to
decide.
Presentation Of Evidence:
The evidence consists of the testimony of witnesses and
the exhibits allowed by the Judge. Exhibits admitted into
evidence will be available to the jury for examination
during deliberations. You have a right to ask for them. You
will be asked to make decisions regarding disputed facts:
therefore, your attention at all times is critically
important. Juror note taking or the use of any notes will be
determined by the Judge.
Rulings By The Judge:
The Judge may be asked to decide questions of law during
the trial. Occasionally, the Judge may ask jurors to leave
the courtroom while the lawyers make their legal arguments.
The jurors should understand that such interruptions are
needed to make sure that their verdict is based upon proper
evidence, as determined by the Judge under the Rules of
Evidence. You may give the evidence whatever weight you
consider appropriate.
Instructions To The Jury:
At the close of all the evidence, the Judge may submit to
the jury the Charge of the Court. This will include legal
instructions on this particular case and the questions that
the jury is to answer from the evidence admitted.
Closing Arguments:
After the Charge of the Court, the lawyers have the
opportunity to summarize the evidence in their closing
arguments and to try to persuade the jury to accept their
client's view of the case.
Deliberations And Verdict Of The Jury:
Following closing arguments, the jury is sent to
deliberate. When the jury has answered the questions asked
of them they shall return their verdict. The verdict must be
based solely on the evidence presented by the parties, the
Charge of the Court, and the rules of law provided by the
Judge.
When In Doubt, Ask The Judge:
You have the right to communicate with the Judge
regarding any matters affecting your deliberations,
including but not limited to: 1) physical comfort: 2)
special needs: 3) any questions regarding evidence; or, 4)
the Charge of the Court. During deliberation, if it becomes
necessary to communicate with the Judge, the bailiff or the
officer of the court will deliver jurors' notes to the
Judge. The information in this handbook is not intended to
take the place of the instructions given by the Judge in any
case. In the event of conflict, the Judge's instructions
will prevail.
NOTE: Not all of these rules apply
in Justice or Municipal Courts:
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