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Skip Navigation LinksHandbook for Trial Jurors Serving in the United States District Courts

Purpose of This Handbook



Importance of Jury Service



The Courts

In this country, there are two systems of courts. They are the courts of the individual 50 states and the District of Columbia and the courts of the Federal Government. This book is written for jurors selected to serve in the trial court of the Federal Government, the United States District Court. The types of cases that can be brought in this court have been fixed by the United States Congress according to our Federal Constitution.

Cases in the United States District Courts are divided into two general classes. These are called criminal cases and civil cases.



The Criminal Case




After the indictment or information is filed, the defendant appears in open court where the court advises the defendant of the charge and asks whether the defendant pleads “guilty” or “not guilty.” This procedure is called the arraignment.

No trial is needed if the defendant pleads guilty and admits to committing the crime. But if the defendant pleads not guilty, he or she will then be placed on trial.

The judge in a criminal case tells the jury what the law is. The jury must determine what the true facts are. On that basis, the jury has only to determine whether the defendant is guilty or not guilty of each offense charged. The subsequent sentencing is the sole responsibility of the judge. In other words, in arriving at an impartial verdict as to guilt or innocence of a jury defendant, the jury is not to consider a sentence.


The Civil Case




The plaintiff, John Smith, states his claim in a paper called the complaint. The defendant, XY Company, replies to the complaint in a paper called the answer. The complaint and the answer are the main pleadings in the case. The points in the pleadings about which the parties disagree make up the issues of fact and law. Sometimes these issues are set forth in a pretrial order. This is an order drawn up by the judge after consulting with the attorneys for the parties.

The Voir Dire Examination

To begin a jury trial, a panel of prospective jurors is called into the courtroom. This panel will include a number of persons from whom a jury will be selected to try the case. In criminal trials, alternate jurors may be chosen to take the place of jurors who become ill during the trial.


The voir dire examination opens with a short statement about the case. The purpose is to inform the jurors what the case is about and to identify the parties and their lawyers.






The Jurors’ Solemn Oath

After the voir dire is completed, the jurors selected to try the case will be sworn in. The judge or the clerk will state to the jury:




The Eight Stages of Trial


  2. The plaintiff calls witnesses and produces evidence to prove its case.
  3. The defendant may call witnesses and produce evidence to disprove the plaintiffs’ case and to prove the defendant’s claims.
  4. The plaintiff may call rebuttal witnesses to disprove what was said by the defendant’s witnesses.
  7. The jury retires to deliberate.
  8. The jury reaches its verdict.




The juror takes an oath to decide the case “upon the law and the evidence.” The law is what the presiding judge declares the law to be; not what a juror believes it to be or what a juror may have heard it to be from any source other than the presiding judge. The evidence that jurors consider consists of the testimony of witnesses and the exhibits admitted in evidence. What evidence is proper for the jury to consider is based upon the law of evidence.

The Arguments of Counsel



Each attorney presents the view of the case that is most favorable to his or her own client. Each lawyer’s side appears to be right to that lawyer. Each lawyer’s statement may be balanced by the statement of the lawyers on the other side.

The Charge to the Jury


It is the jury’s duty to reach its own conclusion based on the evidence. The verdict is reached without regard to what may be the opinion of the judge as to the facts, though as to the law the judge’s charge controls.

The judge may point out and may also explain basic facts in dispute, and facts that do not actually matter in the case. In other words, the judge may try to direct the jury’s attention to the real merits of the case and impartially summarize the evidence bearing on the questions of fact. The judge will state the law related to the facts presented to the jury.

The Jury’s Verdict

In both civil and criminal cases, it is the jury’s duty to decide the facts in accordance with the principles of law laid down in the judge’s charge to the jury. The decision is made on the evidence introduced, and the jury’s decision on the facts is usually final.

Courtroom Etiquette



Jurors will be treated with consideration for their comfort and convenience. They should bring to the attention of the judge any matter affecting their service and should notify the court of any emergencies. In the event of a personal emergency, a juror may send word to the judge through any court personnel, or may ask to see the judge privately.

Conduct of the Jury during the Trial

Jurors should give close attention to the testimony. They are sworn to disregard their prejudices and follow the court’s instructions. They must render a verdict according to their best judgment.

Each juror should keep an open mind. Human experience shows that once persons come to a preliminary conclusion as to a set of facts, they hesitate to change their views. Therefore, it is wise for jurors not to even attempt to make up their mind on the facts of a case until all the evidence has been presented to them, and they have been instructed on the law applicable to the case. Similarly, jurors should not discuss the case even among themselves until it is concluded.



Jurors are expected to use all the experience, common sense, and common knowledge they possess. But they are not to rely on any private source of information. Thus, they should be careful during the trial not to discuss the case at home or elsewhere. Information that a juror gets from a private source may be only half true, or biased or inaccurate. It may be irrelevant to the case at hand. At any rate, it is only fair that the parties have a chance to know and comment on all the facts that matter in the case.


Individual jurors should never inspect (either in person or via Internet websites) the scene of an accident or of any event in the case. If an inspection is necessary, the judge will have the jurors go as a group to the scene.

Jurors must not talk about the case with others not on the jury, even their spouses or families, including via electronic communications and social networking on computers, netbooks, tablets, and smart phones. Jurors must not read about the case in the newspapers or on the Internet. They should avoid radio, television, and Internet broadcasts that might mention the case. Jurors should not conduct any outside research, including but not limited to, consulting dictionaries or reference materials, whether in paper form or on the Internet. Jurors may not use any of the following to obtain information about the case, about case processes or legal terms, or to conduct any research about the case: any electronic device or media, such as a telephone, cell phone, smart phone, or computer; the Internet, any Internet service, or any text or instant messaging service, RSS feed, or other automatic alert that may transmit information regarding the case to the juror; or any Internet chat room, blog, or website, to communicate to anyone information about the case. The Sixth Amendment’s guarantee of a trial by an impartial jury requires that a jury’s verdict must be based on nothing else but the evidence and law presented to them in court. The words of Supreme Court Justice Oliver Wendell Holmes from over a century ago apply with equal force to jurors serving in this advanced technological age: “The theory of our system is that the conclusions to be reached in a case will be induced only by evidence and argument in open court, and not by any outside influence, whether of private talk or public print.”

Breaking these rules is likely to confuse a juror. It may be hard to separate in one’s mind the court testimony and reports coming from other sources.

Jurors should not loiter in the corridors or vestibules of the courthouse. Embarrassing and/or improper contacts may occur there with persons interested in the case. If juror identification badges are provided, they should be worn in the courthouse at all times.

  2. Refuse to listen if the outsider persists.
  3. Report the incident at once to the judge.

Jurors on a case should refrain from talking on any subject—even if it is not related to the matter being tried—with any lawyer, witness, or party in the case. Such contact may make a new trial necessary, at significant additional expense to the parties, the court, and ultimately, taxpayers.


In the Jury Room

In some districts, the judge selects the foreperson of the jury. In other districts, the jurors elect their foreperson, and in still other districts, the first juror to enter the jury box becomes the foreperson automatically. The judge will inform jurors which method is used in the district.

The foreperson presides over the jury’s deliberations and must give every juror a fair opportunity to express his or her views.


In a criminal case, all jurors must agree on the verdict. This is also required in a civil case, unless the jury is otherwise instructed by the court.




After the Trial



To decide cases correctly, jurors must be honest and intelligent. They must have both integrity and good judgment. The continued vitality of the jury system depends on these attributes.




Prepared for the use of trial jurors serving in the United States district courts under the supervision of the Judicial Conference of the United States. Published by the Administrative Office of the United States Courts, Washington, D.C. 20544.