Rule 9 Jury Trials

(a) Statutory right to a jury trial. A jury trial may be demanded in criminal cases pursuant to section 99-33-9 of the Mississippi Code and in civil actions pursuant section 11-9-143 of the Mississippi Code.

(b) Summons of jurors. When a jury trial is demanded pursuant to a statutory right to a jury trial, the justice court clerk shall notify the circuit court clerk who shall issue summonses for a jury in the same manner as for circuit court. The summonses shall be returnable to justice court.

(c) Procedures in criminal cases. In criminals cases, the court shall conduct jury trials pursuant to the Mississippi Rules of Criminal Procedure as applicable to justice courts.

(d) Procedures in civil actions.

(1) Composition of jury. Juries shall consist of six (6) persons and, in the discretion of the court, an alternate juror. Any person called as a juror for the trial of any cause shall be examined under oath or upon affirmation as to his/her qualifications.

(2) Voir dire. Voir dire is the procedure whereby the court and the attorneys or parties ask questions of the venire to ensure the selection of a fair and impartial jury. It shall proceed in the following order:

(i) The judge asks questions of the venire;

(ii) The plaintiff’s attorney or the plaintiff asks questions of the venire; and

(iii) The defendant’s attorney or the defendant asks questions of the venire. Individual jurors may be examined only by leave of court upon good cause shown. No hypothetical questions shall be allowed requiring any juror to pledge a particular verdict. Attorneys or parties shall not offer an opinion on the law. The judge may set a reasonable time limit for voir dire.

(3) Selecting the jury panel. The jury panel shall be selected, in the order of their appearance on the venire, as follows:

(i) The court shall consider all challenges for cause;

(ii) The plaintiff’s attorney or the plaintiff may use one or both of its peremptory challenges, then tender to the defendant a full panel of accepted jurors;

(iii) The defendant’s attorney or the defendant may use one or both of its peremptory challenges, then tender to the plaintiff a full panel of accepted jurors; and

(iv) Steps (ii) and (iii) of this subdivision are then repeated until a full panel of jurors has been accepted by both sides. Each side shall have two (2) peremptory challenges. Objections shall be made at the time the panel is tendered to the opposing party. Upon the motion of any party, or upon the judge’s own initiative, the judge shall excuse any juror from service in the case if there is reasonable ground to believe that such juror cannot render a fair and impartial verdict.

(4) Alternate jurors. Once a jury panel is selected, an alternate juror is selected following the same procedures set forth above for selecting the jury panel, except that each side is only allowed one peremptory challenge. The alternate juror shall take the oath of a juror and hear all evidence and arguments, but may not retire to deliberate the case unless a juror is excused by the court or becomes unable to serve.

(5) Communications with jurors. Jurors are not permitted to mix and mingle anywhere in the courthouse with the attorneys, the parties, the witnesses, or spectators. The judge must instruct jurors to avoid all contact with the attorneys, the parties, the witnesses, and any spectators.

(6) Jury instructions. Procedures for instructions to the jury shall be consistent with Rule 51 of the Mississippi Rules of Civil Procedure.

(7) Jury deliberations. The judge shall:

(i) give the jurors, on the record of each trial, the following oath or remind the jurors that they are still under the following oath: “You, and each of you, do solemnly swear (or affirm) that you will well and truly try all issues and execute all writs of inquiry that may be submitted to you, or left to your decision by the court, or under its direction, during the present term, and true verdicts give according to the evidence. So help you God.”;

(ii) direct the jury to select one of its members to preside over the deliberations;

(iii) direct the jury to return its verdict in writing to the court; and

(iv) admonish the jurors that, until discharged as jurors in the cause, they may only discuss the case with other members of the jury when convened in the jury room for the purpose of reaching a verdict. Unless otherwise authorized by the court, the jurors shall not disperse once deliberations have begun. After the jurors have retired to consider their verdict, the judge shall not recall the jurors to hear additional evidence.

(8) Materials allowed during deliberation. When retiring for deliberation, the jurors are allowed to take with them:

(i) the form of verdict approved by the court;

(ii) a copy of the written jury instructions;

(iii) any tangible evidence that was admitted at the trial; and

(iv) their personal notes made during the course of the trial.

(9) Returning the verdict. The verdict shall be in writing and returned in open court. A verdict of five or more of the jurors shall be taken as the verdict of the jury. Any verdict returned may be appealed pursuant to these rules.

(10) Jury poll. After a verdict is returned but before the jury is discharged, the judge shall on the request of either side, or may on his/her own initiative, poll the jurors individually by asking whether the returned verdict is indeed the verdict of the jury. The judge shall direct the jury to retire and deliberate further if the poll reveals that the verdict is less than five of the jurors.

(11) Court costs. The judge shall assess court costs of the jury trial to the losing party.