Do I Have a Right to a Jury Trial in Georgia Civil Cases?

Yes. Under Georgia law, individuals involved in civil disputes generally have a constitutional and statutory right to a jury trial. This right is a cornerstone of the civil justice system and ensures that contested issues of fact can be decided by a panel of impartial citizens rather than solely by a judge.

What Law Grants the Right to a Jury Trial in Civil Cases in Georgia?

According to the Georgia Code, either party in a civil case may request a jury trial. The statute guarantees the selection of a panel of competent and impartial jurors, from which a jury is chosen to decide the factual issues in the case.

How Many Jurors Are Used in a Georgia Civil Jury Trial?

The number of jurors depends on two factors:

• The court in which the case is being heard

• The value and nature of the claim

In most cases:

• State and Superior Courts typically use 12 jurors

• Smaller claims or cases in Magistrate Court may use 6 jurors

In all instances, the selected jurors must reach a verdict based on the evidence presented during trial.

What Is the Process for Selecting a Jury?

Jury selection begins with a process called voir dire, where attorneys from both sides question potential jurors to assess their fairness, impartiality, and any potential bias. This stage is critical to ensuring a just outcome.

During voir dire:

• Attorneys may inquire about jurors’ backgrounds, relationships, prior experiences, and views on relevant issues.

• The goal is to identify any biases or conflicts of interest that may affect a juror’s ability to be impartial.

How Can a Juror Be Removed from the Jury Pool?

There are two primary ways a party can remove a potential juror:

1. Strikes for Cause

A strike for cause occurs when a juror shows clear signs of bias or legal disqualification. Common grounds include:

• A familial relationship to a party

• A financial interest in the outcome

• Expressing an opinion or belief that indicates favoritism or prejudice

Mandatory removal: If a juror is related to a party or financially invested in the case, the judge is legally required to remove them.

Discretionary removal: In other situations involving possible bias, the judge decides whether to grant the strike for cause.

2. Peremptory Strikes

A peremptory strike allows an attorney to dismiss a juror without providing a specific reason, subject to certain restrictions:

• Cannot be based on race, ethnicity, or sex, as prohibited by constitutional law (e.g., Batson v. Kentucky).

• Each side has a limited number of peremptory strikes, so they are typically reserved for jurors who are perceived to be unfavorable to a party’s case.

Attorneys must use these strikes strategically to shape a favorable and impartial jury panel.

Can a Party Require a Specific Person to Serve as a Juror?

No. Neither party has the right to insist that a particular individual serve on the jury. However, both parties have the right to remove unsuitable jurors using the methods described above.

What Role Does the Judge Play in Jury Selection?

The judge oversees the voir dire process and rules on challenges for cause. Although parties can request unlimited strikes for cause, judges are often reluctant to allow excessive removals unless a clear basis for bias is demonstrated. Judges are tasked with maintaining fairness and preventing abuse of the selection process.

To successfully challenge a juror for cause, attorneys must present a compelling argument with factual support. Weak or unsubstantiated challenges may be denied.

Why Is Jury Selection So Important?

A fair and impartial jury is fundamental to the integrity of the judicial system. The outcome of a case often hinges on the jury’s interpretation of the facts and credibility of witnesses. Selecting the right jury helps ensure that:

• Both parties receive a fair trial

• Justice is served based on the merits of the case

Conclusion: Protecting Your Right to a Jury

If you’re involved in a civil case in Georgia, you have the right to a jury trial. Understanding the jury selection process, the role of strikes, and the importance of impartial jurors is essential. Your attorney will play a key role in safeguarding your rights and helping you build a fair jury to hear your case.