THE NH SUPERIOR COURT has announced that its committee assigned by Chief Justice Walter L. Murphy to assure compliance with the pilot project for attorney-conducted voir dire in Cheshire and Rockingham counties has instituted the preliminary procedure set forth below. The pilot project was created by Chapter 250 of the 2001 Session Laws.

It should be recognized that the proposed procedure is subject to modification and that concerns, comments and suggestions may be addressed to the committee through the Superior Court Center at the following address:

Superior Court Center
17 Chenell Drive, Suite 1
Concord, NH  03301

Pursuant to Chapter 250 of the 2001 Session Laws, Rockingham and Cheshire Counties have been designated as sites for a pilot project for lawyer-conducted voir dire in civil jury cases. This pilot project is to run from Jan. 1, 2002 to Dec. 31, 2004. Beginning Jan. 1, 2002 and extending to Dec. 31, 2004, all civil juries selected in Rockingham and Cheshire County Superior Courts will be selected in accordance with the procedure set forth below:

At least 10 days prior to the trial management conference, counsel shall file with the court both a brief description of the specific issues for resolution by the jury in their case and a summary of the law to be used in the jury’s consideration of the evidence. This is to assist the court in instructing the jury as described in Step 2 below.

At the time of jury selection, the judge will instruct the full panel of prospective jurors as to the nature and purpose of the selection process, the nature of the case, the specific issues to be resolved, a summary of the applicable law and any controversial issues likely to evoke bias.

Counsel will explain their clients’ claims, defenses and concerns to the jury panel. The amount of time allotted to counsel for this purpose will be determined at the trial management conference.

The judge will read the usual voir dire questions and any requested voir dire to the full panel and thereafter will proceed to seat the number of jurors equal to the sum of the following:

1. 12 jurors,
2. Number of alternates desired, and
3. Five challenges allotted to each party.

For example, in a two-party case in which no alternates are required, the judge would initially seat 22 individuals.

During the process of seating this initial group of jurors, the judge will excuse jurors who have problems with the judge’s voir dire questions. Jurors who have problems with the judge’s voir dire will approach the bench to discuss the matter with the judge/counsel privately. Based on this discussion and on a discussion with counsel (who may challenge the juror for cause at this time), the judge will seat or excuse the juror. Excused jurors will be replaced.

Counsel will conduct voir dire with the seated jury. The amount of time allotted to counsel for this purpose will be determined at the trial management conference. Plaintiff’s counsel will go first. While counsel are conducting voir dire with the seated jurors, the rest of the jury panel will remain in the courtroom.

STEP 6

Counsel approach the bench to exercise any further challenges for cause they may have as a result of their voir dire. If as a result of these further challenges the seated panel is reduced, then replacement jurors are selected and counsel are allowed additional voir dire of these new jurors. This procedure is repeated until all challenges for cause have been made and the jurors so challenged have been replaced.

Once a "clean" group of jurors has been seated, counsel will approach the clerk’s bench to exercise their peremptory challenges. Each party has five peremptory challenges.

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