I was summoned to appear for jury service next month. Will I have to be put up in a hotel room for weeks on end until the end of the trial?

In a prior post, I explained the logistics of jury service. There are different types of jury service. You report to the jury clerk located at the address on the summons. After that, the clerk assigns you to either a civil case, a criminal case, or a grand jury.

You seem to believe that you “have to be put up in a hotel room for weeks on end.” This could not be farther from the truth.

First, the majority of cases that are tried are civil cases. That is cases involving disputes between private parties. These cases do not have sequestered juries.

Second, even though a criminal court judge may sequester a jury during a trial (Criminal Procedure Law section 270.45) this rarely ever happens. Even in high profile cases, a juror will go home every night. But there are some times when a judge will sequester a jury during deliberations. (That means, after the jury hears the cases from both sides and the judge’s instructions to the jury.)

Most trials only last a few days up to a week. Once you do serve, you are exempt from further jury service for six years. Uniform Court Rule section 128.9. And if you do serve on a rare trial that takes more than 10 days, you are exempt from jury service for eight years. Uniform Court Rule section 128.9.

Deliberations

Even though most trials are short, deliberations for both civil and criminal cases might take a day or two. As indicated in a prior post, there are 12 jurors on a criminal case. Civil cases have only six jurors and only five out of six must agree to a verdict.

If juries do not agree right away, a judge can instruct a jury to continue to deliberate and try to listen to each other’s point of view. Acunto v Equitable Life Assur. Soc. of U.S., 270 AD 386, 60 NYS2d 101 (1st Dept 1946). See also People v Ali, 65 AD2d 513, 409 NYS2d 12 (1st Dept 1978), affd, 47 NY2d 920, 419 NYS2d 487, 393 NE2d 481 (1979).

But even in civil cases, a judge will not keep a jury together to reach a verdict beyond what is “reasonable.” CPLR 4113(b). So if a jury cannot reach a verdict, the judge will release a jury with the thanks of the court.

By James Santner, Esq.

If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.