THE
SUMMARY JURY TRIAL PROCESS:
BRONX
RULES AND PROCEDURE
As Amended
12/9/09
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 or Judicial Hearing Officer 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. Objections will
also be heard concerning live expert testimony at this time
otherwise they are waived. 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 or Judicial Hearing Officer 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:
General
a) Parties may offer
relevant and material evidence to the dispute. The rules of evidence
shall be relaxed subject to any determination at the evidentiary
hearing.
Depositions
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) 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.
Loss of Income Documentary Evidence
d) 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.
Live Testimony
e) None of the foregoing
shall be construed to prevent a party from calling witnesses upon
trial. Live video testimony shall be permitted. 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 3101(d)(1)(i) concerning non-medical experts. Failure to
comply with this provision shall result in the preclusion of such
expert witness at the time of trial.
Documentary Evidence
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. Expert reports, medical
or otherwise, shall be admissible providing same was exchanged
during the period for pretrial submissions pursuant to Rule 5a.
Documentary medical evidence shall not be limited to treating
medical providers. Any stipulated evidence shall also be admitted.
g) There shall be no
requirement that any record referred to in paragraph "d" or "f" be
certified, affirmed or sworn to.
h) Pre-trial evidentiary
issues normally determined by the trial Judge or Judicial Hearing
Officer, such as motions in limine and redaction of documentary evidence, shall be determined in
conformance with the applicable rules of evidence by the Trial
Judge or Judicial Hearing Officer 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 or Judicial
Hearing Officer 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 or change 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 or Judicial
Hearing Officer 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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