In Florida, a Motion to Sequester Jurors Prior to and During the Trial is a legal request made by either the prosecution or defense to isolate potential jurors from outside influence during the trial proceedings. This motion aims to ensure fairness and impartiality in the jury's decision-making process. Here, we will explore two main types of Florida Motion to Sequester Jurors: pre-trial sequestration and sequestration during the trial. 1. Pre-Trial Sequestration: Pre-trial sequestration refers to the isolation of potential jurors before the trial begins. This motion is often filed when there is a high-profile case or widespread media coverage that could potentially bias the jurors' opinions. By sequestering the jurors prior to the trial, the aim is to prevent them from being exposed to any external influences that may impact their impartiality. The judge will decide whether to grant this motion based on the specific circumstances and potential impact on jury selection. This type of sequestration typically includes restricting jurors' access to media, limiting their interactions with the public, and closely monitoring their activities. 2. Sequestration During the Trial: Sequestration during the trial involves isolating the selected jurors from any external communication, media, or influence throughout the trial proceedings. This motion is typically requested when there are concerns about potential jurors discussing the case with others or being exposed to media coverage that could influence their objectivity. It also prevents jurors from conducting independent research or accessing information unrelated to the case. The judge will consider the need for sequestration based on factors such as the complexity of the case, sensationalism surrounding it, or any specific threat to the jury's independence. In both types of sequestration, it is important to mention that sequestered jurors are provided with meals, accommodations, and security to maintain their isolation from external influences. The level of sequestration may vary depending on the judge's order, ranging from partial sequestration (allowing jurors to return home at the end of each day) to complete sequestration (where jurors are isolated throughout the entire trial period). Sequestration of jurors is considered a protective measure to safeguard the integrity and fairness of the trial process, ensuring that jurors reach their verdict based solely on the presented evidence, legal arguments, and the judge's instructions. It is crucial to consult the specific Florida statutes and case law to fully comprehend the requirements and procedures related to the Motion to Sequester Jurors Prior to and During the Trial in Florida.
Florida Motion to Sequester Jurors Prior to and During the Trial of this Case
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A party who fails to serve a demand as required by this rule waives trial by jury. If waived, a jury trial may not be granted without the consent of the parties, but the court may allow an amendment in the proceedings to demand a trial by jury or order a trial by jury on its own motion.
In a jury trial waiver clause, the parties agree that if there is any litigation arising out of or relating to their agreement, each party waives its right to have a trial by jury.
Sequestration: A judge's condition that a jury be, usually, housed together at night in a hotel and prohibited from contacting people outside the court. Sequestration is extremely rare, but when it occurs it is meant for jurors' protection.
Requesting To Be Excused From Jury Duty in Florida The process for requesting to be excused varies by county, but generally, you must contact the court clerk's office and provide documentation to support your request. In some cases, you may need to appear in person before a judge to request to be excused.
Reasons you may be excused from jury service include: You have no means of transportation. You would have to travel an excessive distance to the courthouse. You have a physical or mental impairment. You provide care for a dependent and cannot afford to have someone cover for you.
At all times, they will be escorted as a group by court personnel, whether for meals, washroom breaks or short breaks outdoors, to ensure they do not access any news media or come into contact with members of the public. The jurors return each day to continue deliberations in the jury room.
A jury waiver provision is a contractual provision by which one or both of the parties agree to waive the right to have a jury trial, replacing it with a bench trial as the default process to resolve disputes under the contract.
The grounds for a permanent excuse include: Persons 70 years of age or older; Persons having active care and custody of a child or children under 10 years of age whose health and/or safety would be jeopardized by their absence for jury service; Persons who are essential to the care of aged or infirm persons;
A defendant may in writing waive a jury trial with the consent of the state. 1968 Adoption. This is the same as Federal Rule of Criminal Procedure 23(a). This changes existing law by providing for consent of state.
Florida Statute 40.013 lists the valid reasons below for juror excusal: Expectant mother. 70 years old or older. Parent not employed full time with child under 6 years old. Full-time high school or college student, ages 18-21 years old. Physically unable to serve. Served as juror in Lee County within the last 12 months.