Jurors

JURIES OF TWELVE

1. Voir Dire. The trial judge may examine the prospective juror(s) touching their qualification to act as fair and impartial jurors in the case before him or her; provided that thereafter the trial judge shall give leave to respective counsel to ask the jurors such supplementary questions as may be deemed by the trial judge proper and necessary. The voir dire examination of prospective jurors shall, as nearly as possible, be limited to those matters having a reasonably direct bearing on prejudice or qualifications and shall not be used by opposing counsel as a means of arguing or trying their case on voir dire. The “struck method” of voir dire examination is allowed. That is, the parties may direct questions to individual jurors or to the panel or to portions thereof, in the discretion of the examiner.
2. Challenge. Peremptory Challenges. All peremptory challenges allowed by law shall be exercised in the following manner:
   • The bailiff will deliver to counsel for the plaintiff and counsel for the defendant, in turn, a prepared form upon which each counsel shall endorse the name of the challenged juror in the space designated, or his acceptance of the jury as constituted. The bailiff will then exhibit this form after each challenge to the opposing counsel, to the Clerk, and to the Court. After all challenges have been exhausted, the Court will excuse those jurors who have been challenged and will seat the jury as finally selected.
   • A waiver by a party indicates an acceptance by that party of all jurors seated up to that point.
   • The purpose of this process is to preserve the secrecy of peremptory challenges and all parties and their counsel shall conduct themselves to that end. This procedure may be modified if appropriate.
3. Selection of Jurors. The Benton County Superior Court and the Franklin County Superior Court shall employ a properly programmed electronic data processing system or device to make random selection of jurors as required by RCW 2.36.063. It is determined that fair and random selection may be achieved without division of the county into three (3) or more jury districts. At least annually, a master jury list shall be selected by an unrestricted random sample in accordance with RCW 2.36.055.
4. Jury Questionnaires. Subject to the limited access provisions of GR 31(f), original jury questionnaires completed by all prospective jurors shall be filed by the court Clerk.

JURIES LESS THAN TWELVE

1. Stipulation - Procedure. The parties may stipulate that the jury shall consist of any number of persons less than twelve (12) but not less than three (3). Counsel shall call the stipulation to the attention of the Presiding Judge when the case is called for trial. The stipulation, if in writing, shall be filed in the cause; if oral, it shall be noted by the clerk in the minutes of the trial.
2. Challenges Not Affected. The stipulation shall not affect the number of challenges, nor the manner of making them, unless the parties expressly agree otherwise. (See RCW 4.44.120, et seq.)

INSTRUCTIONS TO JURY AND DELIBERATION

1. Proposed.
   • Instructions Required of Plaintiff. Plaintiff's counsel shall prepare and present to the Court a cover instruction containing the title and file number of proceedings, the name of the attorney for each party properly designated, and appropriate blank space where the name of the judge hearing the case can be inserted and entitled "Instructions of the Court."
   • Instructions in the Alternative. Instructions, the form of which is dependent upon rulings of the Court, may be submitted in the alternative and counsel shall have the right to withdraw those instructions made unnecessary or inappropriate by reason of said rulings at any time prior to the submission of the Court's instructions to the jury.
2. Submission.
   • Distribution. Sets of proposed instructions shall be prepared and distributed as follows:
     •  Original, which shall be assembled and numbered and contain citations, shall be filed with the clerk;
     •  One copy, which shall be assembled, numbered and contain citations, shall be provided to counsel for each other party;
     •  One copy, which shall be assembled and numbered, shall be retained by the counsel preparing them;
     •  One copy, which shall be assembled, numbered and contain citations, shall be provided to the trial judge; and
     •  One copy, without numbers or citations, shall be provided to the trial judge.
     •  Citations, as required by any rules, shall include applicable WPI or WPIC numbers and shall appear on the bottom of the proposed instructions.
   • Time for Serving Instructions. Unless requested earlier by the trial judge, all instructions, shall be submitted at the beginning of the first day of trial. Upon request of the trial judge to all counsel and made not more than seven (7) days before the date of trial, counsel shall prepare and deliver to the trial judge and to other counsel, not less than three (3) days before the day on which the case is set for trial, the required number of copies of proposed instructions insofar as counsel may then be able to determine them.
3. Verdict Forms. Each verdict form shall be headed with title and cause number of the proceeding. This shall also apply to special interrogatories. A date line shall be typed above the line for the jury foreperson.
4. Published Instructions.
   • Request. The Court has not adopted a local rule to allow instructions appearing in the Washington Pattern Instructions (WPI or WPIC) to be requested by reference to the published number.
   • Modified Instructions. Whenever a Washington Pattern Instruction (WPI or WPIC) is modified by the addition of, the deletion of, or the modification of certain language, the party proposing the instruction must cite the instruction as follows: "WPI or WPIC No. Modified."
5. Disregarding Requests. The trial court may disregard any proposed instruction not proposed or submitted in accordance with this process.
6.  Civil and Criminal. This process applies to instructions for civil and criminal cases.
7. Duties Relating to Return of Verdict. Attorneys awaiting a verdict shall keep the clerk and bailiff advised of where they may be reached by phone. Attorneys desiring to be present for the verdict shall be at the courthouse within fifteen (15) minutes of the time they are called. In a criminal case, at least one attorney for each party and the prosecuting attorney or deputy prosecuting attorney shall be present for the receipt of the verdict, unless excused by the Court. The defense attorney is responsible for advising the defendant to be present for the verdict unless defendant is in custody.

[Updated September 1, 2024]