Justice Court

Juror Information

How Jury Service Operates

How was I chosen?

Your name was chosen at random from voter registration lists. Questionnaires are sent to the people whose names emerge from the random selection. Court personnel review the completed questionnaires to make sure that the minimum juror qualifications relating to age, citizenship, residency, etc., are met.

What if my boss doesn’t want me to serve?

The law makes clear that you must be excused from your job for jury service. You cannot be fired or demoted in any way for performing this public duty.

Will I be paid for jury service?

Current Montana law sets the compensation level for jurors at $12.00 plus $.50 for mileage. If you are selected to hear the case you will be paid an additional $25.00. Some employers are willing to pay their workers at the normal rate during jury service, and the workers then turn the County compensation amount over to the employer.

Can I be excused from jury service?

Judges can excuse people who show that they have a physical or mental disability that renders them incapable of jury service. Judges can also grant a postponement of jury service when they decide that such service would result in great hardship or inconvenience. But these postponements are rare. Everyone is inconvenienced to some degree by jury service, but for the system to work, people from all walks of life must be willing to serve. Those who refuse to complete the juror questionnaire or to appear when called to serve are subject to the imposition of fines and jail time.

Once I qualify for jury service, how long am I eligible for it?

When you receive your summons and questionnaire you will be notified of the period you are subject to call for jury duty. Expect to be on call twelve (12) months. You will remain on the jury panel for the entire period stated on your summons and questionnaire, but you will not be required to serve on more than one jury during the time you are on a jury list.

What happens after I am determined to be qualified for jury service?

You will receive notice from the court that you are on a jury panel. The notice will advise you of the date of the trial and its duration. You must check in with the court by calling 874-3408. In the event the trial has been cancelled, the Clerk of Justice Court will contact you by phone. You need to let your employer/teachers know when you are “on call” for jury service. But you shouldn’t take time off from work or school until you have actually been instructed to come to the Court.

How do I prepare for jury service?

Be sure to arrive at the courthouse on time. A latecomer can hold up a trial involving scores of people. Instructions from the court will tell you where to report in the building. Wear appropriate attire. Shorts or tank tops are prohibited.

The Jury Selection Process

What determines whether or not I serve on a jury?

Once you arrive at the Court, you will be signed in by the Clerk. Sometimes a case will settle out of court right before a trial is scheduled. For these or other reasons you might not be needed for the jury pool after all. When this happens, you will be dismissed for the day. Those of you assigned to a trial that is going forward will be escorted to the courtroom where the trial is taking place, and the selection process will begin. First, the judge will make a short statement describing the case, and identifying the parties to the case and their lawyers. During this process, the judge, and sometimes the counsel for each side, will ask you questions, which you are required to answer truthfully. The questions asked are aimed at finding out if any panel members have a personal interest in the case or if there is some other reason why they could not render an impartial verdict.

Why are potential jurors sometimes asked personal questions during the juror selection process?

In some cases, you may be asked questions about your background that makes you uncomfortable. The court does not wish to invade your privacy. But it is sometimes necessary for the court to know these facts to ensure a fair trial. If you are uncomfortable about answering a question, you can request to discuss it with the judge privately in chambers (in his or her office).

What are “challenges?”
The process through which a lawyer for either side asks that a panel member be excused is called a “challenge.” There are two types of challenges:

Challenges for cause: Here the lawyer claims on the basis of information provided by the panel member that he or she might not be able to render an impartial verdict. An example of a challenge for cause might be one in which a lawyer asks to excuse a panel member from serving during an auto theft trial since the juror’s car had been stolen just the week before. The judge will grant challenges for cause if he or she agrees with the lawyer’s argument that impartiality might be threatened.

Peremptory challenges: Each side has a limited number of challenges for which no reason need be given. These peremptory challenges give both sides some choice in the make-up of the jury. At the end of the selection process, those in the panel who have been “challenged” will be excused, and those remaining will be sworn in as jurors.

Does failure to be chosen for a jury mean I did something wrong in the selection process?

Not at all. The fact that a person is not chosen for a jury panel is no reflection whatsoever on that person’s integrity or worthiness to serve. People not chosen for one panel will often find themselves chosen for another.

The Trial Process

Will I have to be sequestered away from my family during a long trial?

Long trials are rare. Most last only one day. Juries are very seldom sequestered. Years go by with not one jury in the County being sequestered. The courts cannot guarantee that the trial won’t be long, or that you won’t be sequestered, but both events are highly unlikely.

What’s the difference between a criminal and a civil case?

Criminal: In a criminal case a person called the defendant is charged with a violation of the law. The attorney representing the state or local government is called the prosecutor or County Attorney. In criminal cases the judge will inform the jury about the law, and the jury must decide if the defendant has broken that law. Criminal verdicts in Montana must be unanimous. In criminal cases, the prosecution must prove beyond a reasonable doubt that the defendant committed the crime. Prior to the criminal trial, the defendant will have appeared before the judge to plead guilty or not guilty to the criminal charges. This hearing before the judge is called an arraignment.

Civil: Civil cases involve disputes (usually about money) which the parties haven’t been able to solve between themselves, and have turned to the court system to resolve. The person bringing the complaint in a civil suit is called the plaintiff. The one defending him or herself against the complaint is the defendant. In a civil case, the jury is asked to determine which side is favored by the preponderance of evidence. Civil jury decisions can be made by a two-thirds majority of jurors. A unanimous verdict is not required, as it is in a criminal trial.

What is my most important job as a juror?

As a juror, your major job is that of fact finder. You must listen carefully for the facts presented as evidence by each side, and use your life experience and common sense to make a judgment. It is very important to keep an open mind while all the evidence is being presented. Making your mind up early in the trial, before all the evidence is in, could result in a failure to reach a fair and just verdict.

How is a trial conducted?

• The trial usually begins with opening statements from each side. These are summaries reviewing what each side intends to prove during its presentation of the case. Note that these statements are not evidence.
• Each side presents its case, with witnesses and other evidence. Witnesses called by either side are subject to cross-examination by the other side.
• The judge delivers instructions to the jury regarding the relevant law. The prosecution (or plaintiff) and defense present closing arguments.
• The prosecution (plaintiff) then presents a rebuttal of the points made by the defense.
• The jury retires to deliberate.
• The jury reaches and announces its verdict.

What is happening when a lawyer “objects” to a question asked by the other side?

Throughout the trial, the judge may be asked to decide questions of law. Usually these questions concern objections to testimony that one side wants to present. By law, it is the judge’s job to decide such questions. A ruling by the judge does not indicate that he or she is taking sides. The judge is just determining that the law does or does not permit that question to be asked.

Why will the jurors sometimes be asked to leave while the judge talks to the lawyers? Sometimes the judge will ask jurors to leave the room while lawyers make arguments for and against admission of a particular piece of evidence or on some other point of law. Jurors are asked not to speculate about what was discussed, but instead to base their reasoning only on what is presented to them.

At what point can I discuss the trial with others?

It is important that you not discuss the trial with anyone (even fellow jurors) until the jury is sent out to deliberate. In a multi-day trial you must not discuss the case with family members, friends, or anyone else. If someone approaches you in the courthouse or elsewhere and tries to discuss the trial with you, leave immediately, and report the incident to the court (the judge). The bailiff will deliver any written messages you wish to convey to the judge. Jurors must make their decision on the basis of the evidence presented at the trial, and not on the basis of any outside information about the case. For this reason jurors are prohibited from reading, watching, or listening to any media accounts of the trial, and from visiting the crime scene themselves or trying to discover any information about the crime scene on their own.

What happens during deliberations?

At the beginning of deliberations, you will be asked to select a foreperson. It is that person’s job to preside over the deliberations and you should enter the discussion with an open mind and freely exchange views. You shouldn’t hesitate to change your opinion if the deliberations convince you that they were wrong initially. You are obligated to reach a verdict whenever possible. But no juror is required to give up any opinion which he or she is convinced is correct.

What happens after jury service is completed?

After you return to the courtroom and your verdict is announced, the judge will formally dismiss you from jury service. You may then freely discuss the case, but you are not required to discuss the case with anyone. One or more of the lawyers in the case may want to discuss the verdict or the deliberations with you. You may talk to them if you wish, but are under no obligation to do so.

Criminal vs Civil Case

What’s the difference between a criminal and a civil case?

Criminal and civil cases may be heard by a judge or a jury. If a trial is by judge, there is no jury and the judge makes the decision based on the testimony and evidence presented.

Criminal Case

In a criminal case a person called the defendant is charged with a violation of the law. The attorney representing the state or local government is called the prosecutor or County Attorney. In criminal cases the judge will inform the jury about the law, and the jury must decide if the defendant has broken that law. Criminal verdicts in Montana must be unanimous. In criminal cases, the prosecution must prove beyond a reasonable doubt that the defendant committed the crime. Prior to the criminal trial, the defendant will have appeared before the judge to plead guilty or not guilty to the criminal charges. This hearing before the judge is called an arraignment.

Civil Case

Civil cases involve disputes (usually about money) which the parties haven’t been able to solve between themselves, and have turned to the court system to resolve. The person bringing the complaint in a civil suit is called the plaintiff. The one defending him or herself against the complaint is the defendant. In a civil case, the jury is asked to determine which side is favored by the preponderance of evidence. Civil jury decisions can be made by a two-thirds majority of jurors. A unanimous verdict is not required, as it is in a criminal trial. As of July 1, 2011, Justice Court has a monetary limitation of $12,000 for civil cases. If the amount in dispute is more than $12,000 the case must be filed in District Court.

Helpful Links

State Law Library of Montana Courts (Find a lawyer, find forms, look for laws, legal terms, etc)
Montana Codes Montana Law
Montana Legal Service (Legal information and self-help for non-criminal problems)
Alcohol/Drug Services
Driver’s License Suspension/Reinstatement
Montana State Bar Association