Title 252—ALLEGHENY COUNTY RULES ALLEGHENY COUNTY Amended Civil Rule of the Court of Common Pleas; No. 2 of 2012 Rules Doc. [42 Pa.B. 7527]
[Saturday, December 15, 2012]Order of Court And Now, to-wit, this 27th day of November, 2012, It Is Hereby Ordered, Adjudged and Decreed that the October 31, 2012 order promulgating Amended Rule 220.1 (Voir Dire Questionnaires) of the Court of Common Pleas of Allegheny County, Pennsylvania, Civil Division, adopted by the unanimous proxy vote of the Board of Judges on October 29, 2012, is amended so that Amended Rule 220.1, published November 17, 2012 in the Pennsylvania Bulletin at 42 Pa.B. 7093, shall become effective 30 days after publication in the Pennsylvania Bulletin.
By the Court
DONNA JO McDANIEL,
President JudgeLocal Rule 220.1. Voir Dire.
In all civil actions to be tried before a jury, the parties shall be provided with the responses to the ''Juror Questionnaire'' completed by the members of the panel at the time that they report for jury duty (see Form), and the members of the panel shall be asked the questions set forth in this Local Rule (except those which all parties shall agree in advance to strike as inappropriate for the type of case involved). The questions shall be propounded by an Assignment Room Clerk, in the presence of all counsel. The voir dire process is open to the public.
The following questions shall be asked in a standard civil lawsuit, that is, one that is something other than a medical malpractice or asbestos case.
(a) To be Addressed to the Group:
1) Clerk—''This case is expected to last ____ days. Does that impose a serious hardship for anyone?''
2) Clerk—''The attorneys in this lawsuit will now introduce themselves, their law firms, and the parties they represent.''
[Attorneys proceed with introductions.]
Clerk—''Have you had any social, business or professional contact with any of these attorneys or their law firms?''
Clerk—''Do you know or have you had any social, business or professional contact or employment with any of the parties, or are any of you stockholders in ____ ? [Insert name of company(ies).]
Clerk—''This lawsuit concerns ____ .'' [Insert a description-products liability, motor vehicle accident, fall down, construction, contract, etc.—along with a time period or date and place, if applicable.]
3) Clerk—''The attorneys are now permitted to give you a brief statement about the case.
In their statement, each attorney will say what they believe the evidence will show at trial. You will not hear the actual evidence until the witnesses testify when the trial begins.
You are not to form any conclusions based upon the statements of the attorneys. You cannot make your decision until the end of the trial.''
[Attorneys proceed, in turn, to deliver their approved voir dire statements.]
[If no party elects to deliver a voir dire statement, then the Clerk proceeds as set forth below.]
Clerk—''Does anyone know anything about this case?''
4) Clerk—''The attorneys will now identify for you all of their possible witnesses in this case.''
[Attorneys proceed in turn to identify the names and addresses of all their potential witnesses, including expert witnesses. This list should include all non-party witnesses listed in each party's pre-trial statement, unless all parties have agreed otherwise.]
Clerk—''Do you know or have you had any association, either yourself or through any member of your family, with any of these individuals?''
(b) To be Asked Individually:
Clerk—''We will begin questioning. Juror #1, will you please step forward?''
1) Clerk—''Based on anything you have read, seen or heard, do you have any feelings or opinions about a lawsuit seeking money damages?''
a. Clerk—''If so, what are those feelings or opinions?''
b. Clerk—''Do you think those feelings or opinions might affect your judgment in this case?''
2) Clerk—''This case involves a claim for money damages and is the type commonly called a ____ [products liability, motor vehicle accident, breach of contract, etc.] lawsuit.''
a. Clerk—''Do you have any feelings about this kind of case, or the parties involved in this kind of case, that would tend to make you favor one party or the other; that is, the person bringing the lawsuit or the person being sued?''
b. Clerk—''If so, what are those feelings?''
c. Clerk—''Will that influence your judgment in this case so that you may not be able to be fair and impartial?''
3) Clerk—''Do you have any feelings or opinions as to whether there should be a minimum or maximum amount of money that can be awarded to an injured party?''
4) Clerk—''Is there any reason why you feel you cannot serve as a fair and impartial juror in this case?''
The following questions shall be asked in medical malpractice cases:
(c) To be Addressed to the Group:
1) Clerk—''This case is expected to last ____ days. Does that impose a serious hardship for anyone?''
2) Clerk—''The attorneys in this lawsuit will now introduce themselves, their law firms, and the parties they represent.''
[Attorneys proceed with introductions.]
Clerk—''Have you had any social, business or professional contact with any of these attorneys or their law firms?''
Clerk—''Do you know or have you had any social, business or professional contact or employment with any of the parties, or are any of you stockholders in ____ ? [Insert name of company(ies.)]
Clerk—''This case is a Medical Malpractice lawsuit.'' [Insert a description—along with a time period or date and place, if applicable.]
3) Clerk—''The attorneys are now permitted to give you a brief statement about the case.
In their statement, each attorney will say what they believe the evidence will show at trial. You will not hear the actual evidence until the witnesses testify when the trial begins.
You are not to form any conclusions based upon the statements of the attorneys. You cannot make your decision until the end of the trial.''
[Attorneys proceed, in turn, to deliver their approved voir dire statements.]
[If no party elects to deliver a voir dire statement, then the Clerk proceeds as set forth below.]
Clerk—''Does anyone know anything about this case?''
4) Clerk—''The attorneys will now identify for you all of their possible witnesses in this case.''
[Attorneys proceed in turn to identify the names and addresses of all their potential witnesses, including expert witnesses. This list should include all non-party witnesses listed in each party's pre-trial statement, unless all parties have agreed otherwise.]
Clerk—''Do you know or have you had any association, either yourself or through any member of your family, with any of these individuals?''
(d) To be Asked Individually:
Clerk—''We will begin questioning. Juror #1, will you please step forward?''
1) Clerk—''Based on anything you have read, seen or heard, do you have any feelings or opinions about a lawsuit seeking money damages for personal injuries?''
a. Clerk—''If so, what are those feelings or opinions?''
b. Clerk—''Do you think those feelings or opinions might affect your judgment in this case?''
2) Clerk—''This case involves a claim for money damages and is the type commonly called a Medical Malpractice lawsuit.''
a. Clerk—''Do you have any feelings about this kind of case, or the parties involved in this kind of case, that would tend to make you favor either the patient or the healthcare provider?''
b. Clerk—''If so, what are those feelings?''
c. Clerk—''Will that influence your judgment in this case so that you may not be able to be fair and impartial?''
3) Clerk—''Do you have any feelings or opinions as to whether there should be a minimum or maximum amount of money that can be awarded to an injured party?''
4) Clerk—''Do you have any feelings or opinions about whether medical malpractice lawsuits affect the costs or availability of medical services?''
''If so, what are those feelings or opinions?''
5) Clerk—''Do you feel it is wrong to sue a [Insert appropriate provider, e.g. doctor, nurse, hospital, nursing home . . .] even in circumstances where the [Insert as before.] was careless in providing medical care to a patient and caused harm to that patient?''
6) Clerk—''Do you believe that just because the patient suffered a complication, did not get better, or even died, that the [Insert appropriate provider, e.g. doctor, nurse, hospital, nursing home . . .] must have done something wrong so that the patient or family is entitled to compensation?''
7) Clerk—''Is there any reason why you feel you cannot serve as a fair and impartial juror in this case?''
The following questions shall be asked in asbestos cases:
(e) To be Addressed to the Group:
1) Clerk—''This case is expected to last ____ days. Does that impose a serious hardship for anyone?''
2) Clerk—''The attorneys in this lawsuit will now introduce themselves, their law firms, and the parties they represent.''
[Attorneys proceed with introductions.]
Clerk—''Have you had any social, business or professional contact with any of these attorneys or their law firms?''
Clerk—''Do you know or have you had any social, business or professional contact or employment with any of the parties, or are any of you stockholders in ____ ? [Insert name of company(ies).]
Clerk—''This lawsuit concerns ____ .'' [Insert a description-products liability, negligence, etc.—along with a time period or date and place, if applicable.]
3) Clerk—''The attorneys are now permitted to give you a brief statement about the case.
In their statement, each attorney will say what they believe the evidence will show at trial. You will not hear the actual evidence until the witnesses testify when the trial begins.
You are not to form any conclusions based upon the statements of the attorneys. You cannot make your decision until the end of the trial.''
[Attorneys proceed, in turn, to deliver their approved voir dire statements.]
[If no party elects to deliver a voir dire statement, then the Clerk proceeds as set forth below.]
Clerk—''Does anyone know anything about this case?''
4) Clerk—''The attorneys will now identify for you all of their possible witnesses in this case.''
[Attorneys proceed in turn to identify the names and addresses of all their potential witnesses, including expert witnesses. This list should include all non-party witnesses listed in each party's pre-trial statement, unless all parties have agreed otherwise.]
Clerk—''Do you know or have you had any association, either yourself or through any member of your family, with any of these individuals?''
(f) To be Asked Individually:
Clerk—''We will begin questioning. Juror #1, will you please step forward?''
1) Clerk—''Based on anything you have read, seen or heard, do you have any feelings or opinions about a lawsuit seeking money damages for personal injuries?''
a. Clerk—''If so, what are those feelings or opinions?''
b. Clerk—''Do you think those feelings or opinions might affect your judgment in this case?''
2) Clerk—''This case involves a claim for money damages and is the type commonly called a ____ [Insert a description-products liability, negligence, etc.] lawsuit.''
a. Clerk—''Do you have any feelings about this kind of case, or the parties involved in this kind of case, that would tend to make you favor one party or the other; that is, the person bringing the lawsuit or the person being sued?''
b. Clerk—''If so, what are those feelings?''
c. Clerk—''Will that influence your judgment in this case so that you may not be able to be fair and impartial?''
3) Clerk—''Do you have any feelings or opinions as to whether there should be a minimum or maximum amount of money that can be awarded to an injured party?''
4) Clerk—''Have you or any member of your household or immediate family ever suffered from:
a) Any type of cancer?
b) Asbestosis?
c) Emphysema?
d) Silicosis?
e) Chronic bronchitis?
f) Black lung?
g) Mesothelioma
h) Any other lung or respiratory disease?''
5) Clerk—''Have you or any member of your household or immediate family ever been employed by a business engaged in manufacturing, supplying, or removing insulation products containing asbestos?''
6) Clerk—''Have you or any member of your household or immediate family ever worked or been exposed to products which you understood to contain asbestos or silica?''
7) Clerk—''Have you been exposed to any information from the internet, newspapers, radio, television, or from other people, discussing alleged health problems with asbestos or silica?''
8) Clerk—''Have you ever smoked:
a) Cigarettes?
b) Cigars?
c) Pipe?''
9) Clerk—''If yes, what year did you stop smoking:
a) Cigarettes?
b) Cigars?
c) Pipe?''
10) Clerk—''Is there any reason why you feel you cannot serve as a fair and impartial juror in this case?''
(g) Up to five additional proposed voir dire questions may be submitted by each party or group of parties with joint representation by one counsel. Disputes as to the propriety of these questions shall be handled as set forth in Local Rule 212.2(c). At the time of voir dire, those proposed additional voir dire questions which were permitted by the Calendar Control Judge will be propounded by the Assignment Room Clerk, in the presence of all counsel, individually to each member of the panel.
(h) At the conclusion of individual questions to each member of the panel as set forth in parts (b), (d), (f) and (g) above, counsel will be permitted to ask reasonable follow-up questions regarding each panel member's responses to prior questions and responses to the Juror Questionnaire. In the absence of agreement by all parties to the contrary, the order of follow-up questioning shall proceed as the parties appear in the caption of the case.
FIFTH JUDICIAL DISTRICT OF PENNSYLVANIA COURT OF COMMON PLEAS OF
ALLEGHENY COUNTY
CIVIL DIVISION—JUROR QUESTIONNAIRE1) Full Name: _____ Maiden Name (if any): _____
2) Age: ____ Place of Birth: __________
3) Neighborhood or Municipality in which you live: ______ Zip Code: _____
Length of time at current address: ______ Rent or Own: ______
4) [ ] Single [ ] Married [ ] Divorced [ ] Widowed [ ] Separated
Spouse's Name: ______ Spouse's Maiden Name (if any): ______
5) Your Employment/Occupation:
______ ______ ______
Present Job Employer Time at this Job
If Retired:
______ ______ ______
Last Employer Last Held Position Time at this Job
What prior occupations and employers have you had?
__________
__________
__________
6) Please indicate your highest level of education: Elementary [ ] Jr. High/Middle School [ ] High School (did not graduate) [ ] High School Graduate [ ] GED [ ] Technical/Vocational Training [ ] College (did not graduate) [ ] College Graduate [ ] Advanced Degree [ ]
College or University Degree, Diploma, or Certificate Attained Major Course of Study 7) Have you ever served in the military? Yes [ ] No [ ]
If so, in what branch? ____ Years ____ to ____
What did you do? ____ Final Rank ____
Honorable Discharge? Yes [ ] No [ ]
8) Have you or any members of your family been involved as a plaintiff, defendant, witness or juror in a civil or criminal lawsuit or court case? Yes [ ] No [ ]
1. Who was involved? __________
2. What was the nature of the lawsuit? __________
3. Were you or your family member the Plaintiff, Defendant, witness or juror? __________
4. What was the outcome? __________
9) Have you ever been involved in an automobile accident? Yes [ ] No [ ]
10) Are you licensed to drive a motor vehicle? Yes [ ] No [ ]
11) Do you own or lease a motor vehicle? Yes [ ] No [ ]
12) Please list your family doctor and/or any other doctors that have treated you in the past two years: __________
__________
__________
__________
__________
__________
__________
13) Please provide the following information about the following people:
Name Age Level of
EducationCurrent Occupation
& EmployerDo they
reside
with
you?Your Mother: Your Father: Your Spouse: Child/Stepchild 1: Child/Stepchild 2: Child/Stepchild 3: Child/Stepchild 4: Child/Stepchild 5: Child/Stepchild 6: Other Adult
Member of
Household 1:Other Adult
Member of
Household 2:Other Adult
Member of
Household 3:14) If you have brothers or sisters, what do they do for a living? __________
__________
15) Do you or any members of your family have a friendship or association with anyone who is a police officer, judge, lawyer, or employee of the court system? If so, please explain: __________
__________
16) Have either you or members of your family ever worked for or done business with the insurance industry or owned stock in an insurance company? Yes [ ] No [ ]
17) Have either you, members of your family, or any close friends ever worked for or done business with the medical or healthcare field? Yes [ ] No [ ]
18) Do you have any physical or mental condition or other situation which could affect your ability to serve on a jury? Yes [ ] No [ ]
I VERIFY, SUBJECT TO THE PENALTIES OF SECTION 4904 OF THE CRIMES CODE (18 Pa.C.S. § 4904) RELATING TO UNSWORN FALISIFICATION TO AUTORITIES, THAT THE FACTS SET FORTH IN THIS QUESTIONNAIRE ARE TRUE AND CORRECT.
Dated: ______ Signature: ______
[Pa.B. Doc. No. 12-2422. Filed for public inspection December 14, 2012, 9:00 a.m.]
