Rule 24. Trial Jurors

Trial Jurors.

Brief introduction of case

To assist prospective jurors in understanding the general nature of the case, the court, in

consultation with the parties, may give jurors a brief introduction to the case.

(B)

Examination of prospective jurors

Any person called as a prospective juror for the trial of any cause shall be examined under

oath or upon affirmation as to the prospective juror’s qualifications. The court may permit

the attorney for the defendant, or the defendant if appearing pro se, and the attorney for the

state to conduct the examination of the prospective jurors or may itself conduct the

examination. In the latter event, the court shall permit the state and defense to supplement

the examination by further inquiry. Nothing in this rule shall limit the court’s discretion,

with timely notice to the parties at any time prior to trial, to allow the examination of all

prospective jurors in the array or, in the alternative, to permit individual examination or

each prospective juror seated on a panel, prior to any challenges for cause or peremptory

challenges.

(C)

Challenge for cause

A person called as a juror may be challenged for the following causes:

(1)

That the juror has been convicted of a crime which by law renders the juror

disqualified to serve on a jury.

(2)

That the juror is a chronic alcoholic, or drug dependent person.

(3)

That the juror was a member of the grand jury that found the indictment in

the case.

(4)

That the juror served on a petit jury drawn in the same cause against the

same defendant, and the petit jury was discharged after hearing the evidence

or rendering a verdict on the evidence that was set aside.

(5)

That the juror served as a juror in a civil case brought against the defendant

for the same act.

(6)

That the juror has an action pending between him or her and the State of

Ohio or the defendant.

on a petit jury drawn in the same cause against the

same defendant, and the petit jury was discharged after hearing the evidence

or rendering a verdict on the evidence that was set aside.

(5)

That the juror served as a juror in a civil case brought against the defendant

for the same act.

(6)

That the juror has an action pending between him or her and the State of

Ohio or the defendant.

(7)

That the juror or the juror’s spouse is a party to another action then pending

in any court in which an attorney in the cause then on trial is an attorney,

either for or against the juror.

(8)

That the juror has been subpoenaed in good faith as a witness in the case.

(9)

That the juror is possessed of a state of mind evincing enmity or bias toward

the defendant or the state; but no person summoned as a juror shall be

disqualified by reason of a previously formed or expressed opinion with

reference to the guilt or innocence of the accused, if the court is satisfied,

from the examination of the juror or from other evidence, that the juror will

render an impartial verdict according to the law and the evidence submitted

to the jury at the trial.

(10)

That the juror is related by consanguinity or affinity within the fifth degree

to the person alleged to be injured or attempted to be injured by the offense

charged, or to the person on whose complaint the prosecution was instituted;

or to the defendant.

(11)

That the juror is the person alleged to be injured or attempted to be injured

by the offense charged, or the person on whose complaint the prosecution

was instituted, or the defendant.

(12)

That the juror is the employer or employee, or the spouse, parent, son, or

daughter of the employer or employee, or the counselor, agent, or attorney,

of any person included in division (C)(11) of this rule.

(13)

That English is not the juror’s native language, and the juror’s knowledge

of English is insufficient to permit the juror to understand the facts and the

law in the case.

(12)

That the juror is the employer or employee, or the spouse, parent, son, or

daughter of the employer or employee, or the counselor, agent, or attorney,

of any person included in division (C)(11) of this rule.

(13)

That English is not the juror’s native language, and the juror’s knowledge

of English is insufficient to permit the juror to understand the facts and the

law in the case.

(14)

That the juror is otherwise unsuitable for any other cause to serve as

a juror.

The validity of each challenge listed in division (C) of this rule shall be determined by the

court.

(D)

Peremptory challenges

In addition to challenges provided in division (C) of this rule, if there is one defendant,

each party peremptorily may challenge three prospective jurors in misdemeanor cases, four

prospective jurors in felony cases other than capital cases, and six prospective jurors in

capital cases. If there is more than one defendant, each defendant peremptorily may

challenge the same number of prospective jurors as if the defendant was the sole defendant.

In any case where there are multiple defendants, the prosecuting attorney peremptorily may

challenge a number of prospective jurors equal to the total peremptory challenges allowed

all defendants. In case of the consolidation of any indictments, informations, or complaints

for trial, the consolidated cases shall be considered, for purposes of exercising peremptory

challenges, as though the defendants or offenses had been joined in the same indictment,

information, or complaint.

(E)

Manner of exercising peremptory challenges

to the total peremptory challenges allowed

all defendants. In case of the consolidation of any indictments, informations, or complaints

for trial, the consolidated cases shall be considered, for purposes of exercising peremptory

challenges, as though the defendants or offenses had been joined in the same indictment,

information, or complaint.

(E)

Manner of exercising peremptory challenges

Peremptory challenges shall be exercised alternately, with the first challenge exercised by

the state. The failure of a party to exercise a peremptory challenge constitutes a waiver of

that challenge, but does not constitute a waiver of any subsequent challenge. However, if

all parties, alternately and in sequence, fail to exercise a peremptory challenge, the joint

failure constitutes a waiver of all peremptory challenges.

A prospective juror peremptorily challenged by either party shall be excused.

Nothing in this rule shall limit the court’s discretion to allow challenges under this division

or division (D) of this rule to be made outside the hearing of prospective jurors.

(F)

Challenge to array

The prosecuting attorney or the attorney for the defendant may challenge the array of petit

jurors on the ground that it was not selected, drawn or summoned in accordance with law.

A challenge to the array shall be made before the examination of the jurors pursuant to

division (B) of this rule and shall be tried by the court.

No array of petit jurors shall be set aside, nor shall any verdict in any case be set aside

because the jury commissioners have returned such jury or any juror in any informal or

irregular manner, if in the opinion of the court the irregularity is unimportant and

insufficient to vitiate the return.

(G)

Alternate jurors

ursuant to

division (B) of this rule and shall be tried by the court.

No array of petit jurors shall be set aside, nor shall any verdict in any case be set aside

because the jury commissioners have returned such jury or any juror in any informal or

irregular manner, if in the opinion of the court the irregularity is unimportant and

insufficient to vitiate the return.

(G)

Alternate jurors

(1)

Non-capital cases

The court may direct that not more than six jurors in addition to the regular jury be

called and impaneled to sit as alternate jurors. Alternate jurors in the order in which

they are called shall replace jurors who, prior to the time the jury retires to consider

its verdict, become or are found to be unable or disqualified to perform their duties.

Alternate jurors shall be drawn in the same manner, have the same qualifications,

be subject to the same examination and challenges, take the same oath, and have

the same functions, powers, facilities, and privileges as the regular jurors. The court

may retain alternate jurors after the jury retires to deliberate. The court must ensure

that a retained alternate does not discuss the case with anyone until that alternate

replaces a juror or is discharged. If an alternate replaces a juror after deliberations

have begun, the court must instruct the jury to begin its deliberations anew. Each

party is entitled to one peremptory challenge in addition to those otherwise allowed

if one or two alternate jurors are to be impaneled, two peremptory challenges if

three or four alternate jurors are to be impaneled, and three peremptory challenges

if five or six alternative jurors are to be impaneled. The additional peremptory

challenges may be used against an alternate juror only, and the other peremptory

challenges allowed by this rule may not be used against an alternate juror.

r two alternate jurors are to be impaneled, two peremptory challenges if

three or four alternate jurors are to be impaneled, and three peremptory challenges

if five or six alternative jurors are to be impaneled. The additional peremptory

challenges may be used against an alternate juror only, and the other peremptory

challenges allowed by this rule may not be used against an alternate juror.

(2)

Capital cases

The procedure designated in division (G)(1) of this rule shall be the same in capital

cases, except that any alternate juror shall continue to serve if more than one

deliberation is required. If an alternate juror replaces a regular juror after a guilty

verdict, the court shall instruct the alternate juror that the juror is bound by that

verdict.

(H)

Control of juries

(1)

Before submission of case to jury

Before submission of a case to the jury, the court, upon its own motion or the motion

of a party, may restrict the separation of jurors or may sequester the jury.

(2)

After submission of case to jury

(a)

Misdemeanor cases

After submission of a misdemeanor case to the jury, the court, after giving

cautionary instructions, may permit the separation of jurors.

(b)

Non-capital felony cases

After submission of a non-capital felony case to the jury, the court, after

giving cautionary instructions, may permit the separation of jurors during

any period of court adjournment or may require the jury to remain under the

supervision of an officer of the court.

he jury, the court, after giving

cautionary instructions, may permit the separation of jurors.

(b)

Non-capital felony cases

After submission of a non-capital felony case to the jury, the court, after

giving cautionary instructions, may permit the separation of jurors during

any period of court adjournment or may require the jury to remain under the

supervision of an officer of the court.

(c)

Capital cases

After submission of a capital case to the jury, the jury shall remain under

the supervision of an officer of the court until a verdict is rendered or the

jury is discharged by the court.

(3)

Separation in emergency

Where the jury is sequestered or after a capital case is submitted to the jury, the

court may, in an emergency and upon giving cautionary instruction, allow

temporary separation of jurors.

(4)

Duties of supervising officer

Where jurors are required to remain under the supervision of an officer of the court,

the court shall make arrangements for their care, maintenance and comfort.

When the jury is in the care of an officer of the court and until the jury is discharged

by the court, the officer may inquire whether the jury has reached a verdict, but

shall not:

(a)

Communicate any matter concerning jury conduct to anyone except

the judge or;

(b)

Communicate with the jurors or permit communications with jurors,

except as allowed by court order.

(I)

Taking of notes by jurors

The court, after providing appropriate cautionary instructions, may permit jurors who wish

to do so to take notes during a trial. If the court permits the taking of notes, notes taken by

juror may be carried into deliberations by that juror. The court shall require that all juror

notes be collected and destroyed promptly after the jury renders a verdict.

(J)

Juror questions to witnesses

s

The court, after providing appropriate cautionary instructions, may permit jurors who wish

to do so to take notes during a trial. If the court permits the taking of notes, notes taken by

juror may be carried into deliberations by that juror. The court shall require that all juror

notes be collected and destroyed promptly after the jury renders a verdict.

(J)

Juror questions to witnesses

The court may permit jurors to propose questions for the court to ask of the witnesses. If

the court permits jurors to propose questions, the court shall use procedures that minimize

the risk of prejudice, including all of the following:

(1)

Require jurors to propose any questions to the court in writing;

(2)

Retain a copy of each proposed question for the record;

(3)

Instruct the jurors that they shall not display or discuss a proposed question

with other jurors;

(4)

Before reading a question to a witness, provide counsel with an opportunity

to object to each question on the record and outside the hearing of the jury;

(5)

Read the question, either as proposed or rephrased, to the witness;

(6)

Permit counsel to reexamine the witness regarding a matter addressed by a

juror question;

(7)

If a question proposed by a juror is not asked, instruct the jurors that they

should not draw any adverse inference form the court’s refusal to ask any

question proposed by a juror.