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Civil procedure

jury selection

Jury selection is the process in which the parties to a lawsuit—usually through their attorneys—ask questions of potential jurors seated in the courtroom (the jury panel or venire panel). Parties to a lawsuit—usually acting through their attorneys—may strike some potential jurors without stating a reason (peremptory strikes), and may ask the court to strike other potential jurors on the grounds the potential juror is biased, cannot be fair, or cannot follow the law—known as a strike for cause, challenge for cause, or removal for cause.

In Montana, the jury selection process, also known as voir dire, involves attorneys from both sides questioning potential jurors to determine their suitability for serving on the jury. The attorneys are allowed to use peremptory strikes, which let them remove a certain number of potential jurors without providing a reason. However, the use of peremptory strikes is limited and cannot be used to discriminate based on race, gender, or other protected characteristics as established by the U.S. Supreme Court. Additionally, attorneys may request that the court remove potential jurors for cause if they believe a juror cannot be impartial, is biased, or cannot follow the law. The judge will decide whether to grant these challenges for cause. The specific procedures and number of strikes available are governed by Montana state statutes and rules of procedure, which aim to ensure a fair and impartial jury is empaneled for the trial.

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Civil procedure

jury selection

Individual & Family Legal Plan

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Montana State Code

Montana State Code

Civil procedure

jury selection

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