THE
SUMMARY JURY TRIAL PROCESS:
BRONX
RULES AND PROCEDURE
As Approved by the Board of
Directors, Bronx Bar Association on 2/8/06
A. Nature of the Binding Summary Jury Trial: A summary jury
trial is generally a one-day jury trial with relaxed rules of
evidence similar to arbitration except that a jury decides factual
issues and renders a verdict as a jury would in a traditional
trial. The parties may agree on the mode and method of
presentation. In the absence of agreement of counsel and approved by
the trial court, the process and rules that follow shall apply.
1. Consent of Parties: The signatories to the Transfer
Agreement represent that they have the authority of their
respective clients and/or insurance carriers to enter into the
agreement and such agreement shall be irrevocably binding upon their
respective principals.
2. Stipulation:
If the parties agree to a summary jury trial, a written stipulation
shall be signed by the attorneys reciting any high/low parameters
and the agreement waiving any rights to appeal. The high and low
parameters of summary jury trial, if any, shall not be disclosed to
the jury.
3 No Right to
Appeal: The parties agree to waive costs and disbursements and
further agree to waive the right to appeal from the determination of
this matter. Written Findings of Fact and Conclusions of Law shall
not be required. Following the determination, the parties shall not
enter judgment but shall instead exchange General Releases and
Stipulations of Discontinuance.
4. Scheduling:
Summary jury trials will be placed on the calendar for trial at the
earliest possible date available in the Summary Jury Trial Part.
Once said date is assigned it shall be considered a date certain.
5. Pre-trial
submissions.
a)
Any party intending to offer documentary evidence upon trial,
including but not limited to accident reports. medical records and
lost income records, shall serve copies of such documentary evidence
upon all parties not less than 30 days before trial, except that it
shall not be necessary to serve any previously exchanged Examination
before Trial Transcripts.
b)
No later than 10 days before trial the SJT Judge assigned to the
case shall conduct an evidentiary hearing at which time objections
to any documentary evidence previously submitted as provided for
herein shall be determined and witness lists shall be exchanged. If
there is no objection at said time, counsel shall so stipulate in
writing. Failure to serve such documentary evidence as required
shall result in preclusion of that evidence at the time of trial.
c)
Reference to PJI sections shall be sufficient on requests to charge.
Requests to Charge that deviate from the standard Pattern Jury
Instructions should be submitted prior to trial.
6. Record: A summary jury trial will be recorded by a court
reporter unless waived by all parties.
7. Existing
Offer and Demand. The parties may stipulate that the pre-trial
offer and demand remain unaltered through the binding summary jury
trial. Either party may elect to accept the last settlement proposal
of the opponent at any time before the verdict is announced by the
jury.
8. Jury Selection: By counsel with strict time
limits or the Court and counsel. If the Court conducts the voir dire
each side shall nonetheless have 10 minutes each to also voir dire
the jury. Summary juries shall consist of no less than six jurors
and one alternate unless the parties stipulate to fewer jurors. The
Court shall allow each side two peremptory challenges.
9. Time Limits: Each side shall be entitled to a
ten minute opening and closing and one hour for presentation of its
case. The Court may allot more time to a party to insure full
exploration of the issues provided counsel presents a compelling
reason to support the request for additional time. Unless the Judge
directs otherwise, the court clerk should keep track of the time and
remind counsel of the status of allotted time at appropriate
intervals.
10. Rules of
Evidence:
a)
The parties may offer such evidence as is relevant and material to
the dispute. Conformity to legal rules of evidence shall not be
necessary, subject to the provisions relating to documentary
evidence set forth below.
b)
Examination before Trial testimony of a party may be offered by any
opposing party, however a party shall not be permitted to
offer his/her own Examination before Trial testimony except as
provided by the CPLR. This section shall apply to video depositions
as well.
c)
Past and future lost income may be proved by the submission of
documentary evidence from the plaintiffs' employer, including but.
not limited to pay stubs. tax returns, W-2 and/or 1099 forms.
provided that such amounts may be calculated with a reasonable
degree of mathematical certainty based solely upon present income
and life expectancy. Any claim of future lost earnings premised upon
inflation, lost opportunity, promotion. career advancement. or
similar theory shall only be proved by expert testimony or the
report of an expert previously exchanged pursuant to these rules.
d)
In the event a party wishes to offer the testimony of a non-party
eyewitness such testimony can only be offered by the non-party
Examination before Trial testimony of such witness taken pursuant to
the notice requirements of the CPLR or by producing that witness at
trial.
e)
None of the foregoing shall be construed to prevent a party from
calling witnesses upon trial; live video testimony shall be
permitted, however, in the event a party intends to call an expert
witness, medical or otherwise, that party must provide written
notice to all parties of such witness, along with a copy of that
medical expert's narrative report(s), not less than 20 days before
trial, in the event of a non-medical expert counsel shall comply
with the standard provisions of the CPLR concerning non-medical
experts. Failure to comply with this provision shall result in the
preclusion of such expert witness at the time of trial.
f)
The following shall also be admissible, Police Reports, the
MV104 of any party; medical Records including but not limited to
hospital records, ambulance records; medical records and/or reports
from plaintiff’s medical providers, defendant doctor reports
inclusive of No Fault medical exam reports; diagnostic test results
including but not limited to X-rays, MRI, CT scan and EMG reports,
or any other graphic, numerical, symbolic, or pictorial
representation of medical or diagnostic procedure or test of
plaintiff, any stipulated evidence shall also be admitted.
g)
There shall be no requirement that any record referred to in
paragraph “c” or “f” be certified, affirmed or sworn to.
h)
Pre-trial evidentiary issues normally determined by the trial Judge,
such as motions in limine and redaction of documentary evidence,
shall be determined in conformance with the applicable rules of
evidence by the SJT Trial Judge at the evidentiary hearing and in
accordance with the rules as provided for in paragraphs 5 and 10 a)
through 10 g) herein. Any objections to be raised at said hearing
shall in writing and served on opposing counsel no less than 5 days
in advance of said hearing,
i)
The Judge shall, where required, issue "So Ordered" subpoenas
to secure the attendance of witnesses or the production of documents
as may be requested by any party.
11. Case
Presentation:
a)
Counsel may present summaries of evidence, factual allegations,
inferences from discovery. Counsel may use photographs, diagrams,
power point presentations, overhead projectors, trial notebooks all
of which can be submitted to the jury, or any other innovative
method of presentation.
b)
Anything which is to be submitted to the jury as part of the
presentation of the case must be exchanged with opposing counsel
within the conformity of the rules concerning the presentation of
case and pre-trial submissions. Nonetheless counsel shall not refer
to or introduce evidence which would not be admissible at trial
other than as previously stated. Counsel are encouraged to stipulate
to factual and evidentiary matters to the greatest extent possible.
c)
No more than two witnesses for each side may be called for direct
and cross- examination. On application of a party and good cause
shown, the court may allow an increase in the number of witnesses.
Plaintiff proceeds first. Plaintiff may be granted a ten (10) minute
rebuttal following defendant’s presentation. Time spent by counsel
on direct and cross examinations counts against their allotted time
unless the court directs otherwise.
d)
Counsel may stipulate evidence to be submitted.
e)
Jurors shall be allowed to take notes upon consent of all parties.
Jurors will be permitted to propose questions to be asked of the
attorneys. The questions must be presented in writing to the court
for approval.
12. Jury
Verdict: Upon by request by the jury, the Court shall give the
jury a written copy of the jury charge for use during deliberations.
Five out of six jurors must agree on the verdict. The verdict is to
be binding as rendered or limited by a high/low stipulation. The
jurors may bring into the jury room their notes,
any trial notebooks, exhibits, presentations, etc. that may have
been presented during the trial.
13. No Directed
Verdicts: Parties agree to waive any motions for directed
verdicts as well as any motions to set aside the verdict or any
judgment rendered by said jury.. The Court shall not set aside any
verdict or any judgment entered thereon, nor shall it direct that
judgment be entered in favor a party entitled to judgment as a
matter of law, nor shall it order a new trial as to any issues where
the verdict is alleged to be contrary to the weight of the evidence
.
14. Inconsistent Verdicts: In the case of inconsistent
verdicts, the trial judge shall question and charge the jury as
appropriate to resolve any inconsistency in said verdict.
15 . Infant
Plaintiff: In a summary jury trial involving an infant, the
Court must approve any high/low parameters prior to trial.
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