ABOUT JURY DUTY Juries in Magistrate courts are randomly

ABOUT JURY DUTY

Juries in Magistrate courts are randomly selected from the voter registration list within

their voting district. Generally, these juries consist of six jurors and two alternates. All

persons receiving a jury summons should appear at the time and place listed unless

they have been excused by the presiding judge. If you think you qualify for exemption

from jury duty, telephone the court for further instructions at (864) 260-4156 or (864)

260-4055. You may also complete the Juror Response Form online at:

https://www.andersoncountysc.org/departments-a-z/magistrates/

Some valid excuses are: age, having young children under the age of seven (7) and no

child care, physical, or mental restrictions, recent jury service within the past year, etc.

The court may, for good reason, delay your service to a later date at the judge's

discretion.

Come to the jury selection prepared to stay most of the day. You will be given

instructions for the remainder of the week by the court and expected to return promptly

as needed.

Dress appropriately for the courtroom. Inappropriate dress would include: hats, tank

tops, shorts, halter tops, mini-skirts, flip-flops, etc.

Do Not Bring telephones or any other noise making devices or electronics.

ABSOLUTELY NO WEAPONS ARE TO BE BROUGHT INTO THE

BUILDING.

You will be subject to search and/or scanning devices.

JUROR INFORMATION

YOU AS A JUROR

You have been selected by law to act as an officer of this court by serving as a juror.

Because this may be the first time that you have ever been called for jury service, this

information has been provided to you, and you are urged to read it very carefully. This

information is not intended to take the place of the instructions given by the judge in

any case. In the event of a conflict, the judge's instructions will prevail.

As citizens of South Carolina, and of the United States, each of us has an obligation to

make a contribution to the American system of justice. You are now being called upon

to participate in one of the cornerstones of the judicial process--trial by jury. The

mandate of justice for all can only be achieved through the combined efforts of judges,

lawyers and citizens serving as jurors. Your role as juror, as the "judge" of the facts,

will require you to carry out your duties attentively, intelligently and fairly. Remember,

your vote as a juror is usually final.

Upon reaching the courthouse, jurors should report to the courtroom or juror room as

instructed. In accordance with an August 25, 2000 Order from Chief Justice Toal, all

cell phones, and other communication devices, should be turned off, or placed in a

silent mode prior to being carried into any courtroom. Every reasonable effort will be

made by the court to make your service as a juror comfortable and without

inconvenience. Cases set for trial may be postponed or settled just as they are scheduled

to begin, which causes delays. Please help the court operate more smoothly by being

patient and cooperative and by being on time as instructed. It may happen that during

your service as a juror you may never be called upon to actually sit in on the trial of a

case. However, your very presence and availability as a juror is a contribution of great

importance.

ROLL CALL

The juror's roll call is held in the courtroom or jury pool room to which you were

instructed to report. When your name is called, you should be prepared to stand and

give your name and occupation. After the roll call, the presiding judge may ask certain

questions to determine whether each individual is qualified to serve as a juror. At the

end of each day or if dismissed earlier, you should make sure that you understand when

and where you are to report on the specific date you are called to serve as a juror.

SELECTION OF THE JURY

The first step in the actual trial of a jury case is the selection of the number of jurors

from the jury panel required to try the case. At the beginning of this process, there are

usually fifty to sixty prospective jurors present in the courtroom. CDC and State

Coronavirus (COVID-19) protocols and procedures are followed by all Anderson

County Summary Courts.

The juror selection process in any particular case usually begins with a brief

explanation by the judge of the general nature of the case and the names of the parties

and their attorneys, if applicable. The judge then begins the procedure by the

questioning of the jurors in order to determine their ability to serve as a juror. Some

questions may be directed to all the jurors at once, while others may be directed to

individual jurors. The judge determines the types of questions that are asked with

suggestions from the attorneys representing the parties, if applicable. These questions

may inquire as to whether a juror has any knowledge of the case. The questioning

process, called the voir dire, is designed to permit the parties to the case or their

attorneys to become acquainted with the prospective jurors and to determine whether

a juror can serve fairly and impartially in the case.

If during the questioning, a prospective juror indicates by his answer that he or she is

not legally qualified to act as a juror (for instance, if the juror were related to or

employed by one of the parties), that juror may be excused "for cause." This excuse,

"for cause", may be decided on the judge's initiative or upon motion of one of the

parties/attorneys, but there is no limit to the number of jurors who may be excused for

cause. After voir dire has been concluded and there are no further challenges for cause,

the parties may finally choose their jury by exercising a certain number of peremptory

challenges. This means that each party may excuse a certain number of jurors without

having to show a reason. A juror who is challenged and thereby excused from service

should not be offended, as each party has a different idea as to the type of juror that

would be most beneficial to the trial of the case.

The manner in which the peremptory challenge period is conducted varies between

civil and criminal cases. In civil cases, if a computer is not used for the drawing of

jurors, a responsible and impartial person will draw from the jury panel box a total of

twenty names. The clerk writes these down, and a copy is given to the parties for both

sides. The parties then strike jurors by number until the plaintiff and the defendant have

each struck six names. The remaining six names make up the jury. The clerk calls out

the names and these people take their seats in the jury box. The judge appoints one of

the jurors to act as foreman. Jurors selected to serve on a jury must leave all cell phones

or other communication devices with the clerk of the court, bailiff, or other individual

identified by the presiding judge.

In criminal cases, if a computer is not used for the drawing of jurors, a responsible and

impartial person draws a name and hands it to the clerk. The clerk calls out the name

of the juror. This juror stands and the Judge says, "What sayeth the State?" The

Solicitor, representing the State, will say either (1) "Excuse the juror," in which event

the juror takes his or her seat back in the courtroom; or (2) "Present the juror," or

"Swear the juror." The clerk will then ask, "What sayeth the defendant?" The

defendant/attorney may say (1) "Excuse the juror," in which event the juror takes his

or her seat; or (2) "Swear the juror," in which event the juror takes a seat in the jury

box as directed by the Judge.

After both sides have completed their challenges and the jury box has been filled with

the required number of jurors, the process of selection is concluded.

The day of the trial the jury is administered the oath by the court. The oath you will

take as a juror is as follows: "Ladies and Gentlemen of the Jury. Please stand and raise

your right hand to be sworn: You shall well and truly try, and true deliverance make,

between the State of South Carolina, and the defendant at bar, whom you shall have in

charge, and a true verdict give, according to the law and evidence. SO HELP YOU

GOD.”

TWO KINDS OF CASES--CIVIL AND CRIMINAL

In general, juries are called upon to decide two kinds of cases--civil and criminal.

A civil case usually involves a claim for money damages or some claim with respect

to property. The party initiating the case is called the plaintiff. The filing of the

plaintiff’s written claim, called the complaint, which is filed with the Anderson County

Summary Court, begins the suit.

The defendant, or party who is being sued, responds to the complaint by filing his/her

answer in which he/she admits or denies the claims made by the plaintiff. In some

instances, the defendant may make a counterclaim against the plaintiff or a cross claim

against one of the other defendants. All of these documents make up what are called

the pleadings. A juror should always remember that these pleadings are merely written

claims of the parties and not evidence.

A criminal case is brought in the name of, and by, the State of South Carolina against

a person, the defendant, charged with breaking the law. The attorney who represents

the state is called the Solicitor or prosecutor.

THE STAGES OF TRIAL

The trial of both civil and criminal cases is conducted under similar rules of procedures

and in much the same manner. The stages of trial usually include:

(1) Opening Statements. An opening statement is made first by the plaintiff and then

the defendant or their attorneys. The purpose of this opening statement is to outline to

the jury the facts of the case and what each side will attempt to establish through the

presentation of evidence. This is only an explanation of what each side claims.

(2) Presentation of Evidence. After both sides have been given the opportunity to make

opening statements, the trial moves to the stage in which evidence is presented by each

side. The plaintiff first presents all the evidence that supports his/her contentions and

is then followed by the defendant who presents his/her evidence. The plaintiff may then

give evidence to disprove or explain some evidence presented by the defendant.

Evidence may be in the form of a written document, an object, a photograph, or an X-

ray. Such pieces of evidence are called exhibits. This physical evidence will be taken

with you to the jury room and may be considered in your deliberation. Most evidence

is presented in the form of spoken testimony of witnesses who have taken an oath to

tell the truth. The plaintiff who has called the witness first asks questions of that

witness; this is called direct examination. After direct examination is concluded, the

defendant may ask further questions of that witness, or cross-examine. After cross-

examination, the plaintiff who called the witness has a final opportunity to ask

questions, which is called re-direct examination. You should pay close attention to each

witness as he/she testifies, not only to what he/she says but their manner and actions.

If at any time you are unable to hear clearly, make the judge aware of the problem by

raising your hand. All testimony, as well as remarks of the judge, attorneys, and other

court officials are recorded by the court. This constitutes the official trial record, which

may be of importance in later proceedings. From time to time during the trial, you may

hear a party/attorney make "objections". Objections may be made for several reasons,

including objections to the conduct of the parties or their attorneys, to the form of a

question during the examination of a witness, or to the introduction of evidence. If the

objection is deemed improper or not well founded by the judge, he/she will "overrule"

it, and allow the proceedings to continue or the evidence to be introduced. If the judge

finds the objection to be valid and proper, he/she may "sustain" it, thereby

discontinuing that conduct or question or he/she may refuse to allow the introduction

of evidence. Under the rules of law governing the introduction and admission of

evidence, a party/lawyer is within his rights to object to the introduction of any

evidence, which he/she believes is not proper. The judge is the sole authority on what

evidence is proper. Since the evidence may be excluded, the jury is usually not allowed

to hear arguments as to admissibility. Thus, the judge may send the jury out of the

courtroom to allow the parties/attorneys to argue to him/her whether the evidence

should be admitted. Sometimes evidence is viewed by the jury before the party/attorney

has a chance to object. The judge may order the jury to disregard such evidence

completely, and if so ordered, it should be disregarded and not considered as evidence.

(3) Final or Closing Arguments.

After both sides have had an opportunity to present their evidence and have both

"rested" their cases, they are given a chance to make final or closing arguments to the

jury. First, the plaintiff/attorney, or the prosecutor in a criminal case, followed by the

defendant/attorney will make closing arguments in which they sum up the evidence

and testimony and try to persuade the jury to find in favor of them. These arguments,

like the opening statements, should be listened to attentively but should not be

considered as evidence in themselves.

(4) Instructions.

After the parties have concluded their final arguments, the judge will instruct the jury

on the law that applies to the case, and you must apply that law to the facts as you find

them in arriving at your verdict. You are bound under your oath to give full effect to

the law as the judge states it to you. You must pay close attention to his/her instructions.

If the judge should give you any instruction that is different from any statement in this

pamphlet, you should accept his/her instruction as correct and be guided by it.

(5) Jury Deliberation.

Following the instructions, or charge by the judge, the bailiff will escort the jury to the

jury room where you will conduct your deliberations. The foreman that was designated

by the judge presides during the deliberations. The foreman acts as the chairman of the

jury. It is his/her duty to see that discussion is carried on in a free and orderly manner,

that the matters and issues submitted for your decision are fully and freely discussed,

and that every juror is given an opportunity to express themselves. No cell phones or

other communication devices are allowed in the jury room. Such devices should be

relinquished to the clerk of the court, bailiff, or other court personnel until the

conclusion of your jury service.

After you retire to the jury room, you are entitled to have all exhibits brought to you.

Should you feel that it is necessary to be reinstructed, or receive additional instruction

on the law, you may inform the judge through the bailiff. You should not, however,

make such requests lightly, for they can be answered only by returning the jury to the

courtroom where the Court will resume in full session. The procedure may require

considerable time but is justifiable if you seriously believe it to be necessary or helpful

to you in discharging your duty.

In weighing evidence, an important distinction exists between civil and criminal cases

in the degree of proof required to sustain an allegation. In a criminal case, the defendant

must be proven guilty beyond a reasonable doubt in order to be convicted. In a civil

case, the party who has made an affirmative allegation against another must prove that

allegation by a preponderance of the evidence to support a finding in his favor on that

allegation. In each case, the judge will carefully explain to you the degree of proof

required to support particular findings. You should pay the same careful attention to

his/her instructions on this subject, as you are required to pay to all other instructions.

In the jury room, differences of opinion arise among the jurors quite often. When this

occurs, each juror should be allowed to express his/her opinions and reasons. By the

process of careful and thorough reasoning, it is generally possible for jurors to reach a

verdict. A juror should not hesitate to change his/her mind where there is good reason

for doing so, but one who has a definite opinion on a question should not change that

opinion unless he/she conscientiously is moved to do so as a result of the deliberations,

his/her consideration of the views of his/her colleagues, or his/her own further thought

on the matter.

It would be wrong for a juror to refuse to listen to the arguments and opinions of the

others or to deny the right of another juror to express his/her own opinions. All jurors

should deliberate and vote on each issue to be decided. A juror should never vote

against his/her conscience or his/her own judgment. He/she should vote only according

to his/her own honest convictions, arrived at after a full and free discussion with his/her

fellow jurors. After a verdict or after a mistrial, or disagreement, jurors are under no

duty or obligation to discuss what took place in the jury room with the parties in the

case or anyone else.

BEHAVIOR OF JURORS DURING TRIAL

There are certain rules that a juror should follow throughout the trial. All jurors are

required to be on time. Since each juror must hear all the evidence, the result of your

being late is a delay and inconvenient to the judge, the lawyers, the parties, the

witnesses and the other jurors. When a court session begins and the judge enters the

courtroom, everyone, including jurors, should rise. You should give your undivided

attention to every question and answer during the trial. If you are unable to hear clearly,

you should notify the judge or bailiff.

Jurors should not discuss the case with their family, friends or any lawyer, party or

witness in the case, nor should they allow it to be discussed in their presence.

Furthermore, jurors should not discuss the case among themselves until such time as

the judge sends them to the jury room to deliberate a verdict. If any person persists in

talking to you about the trial or otherwise attempts to influence you as to its outcome,

you should report that to the judge immediately.

Often a case may involve an item or location familiar to the juror or readily accessible

to him/her. A juror should never make an independent investigation or inspection of an

item or location, which is related to the case. If it is thought necessary and proper that

the jury make such an inspection, the judge will send the jury as a group under the

supervision of the bailiff.

Jurors should not listen to radio or television accounts of the trial or read articles about

it in a newspaper.

In most cases, a juror can leave to have lunch each day and go home each night, but

he/she cannot discuss the case with anyone.

Only on rare occasions are members of a jury required to be kept together and away

from home during the course of the trial. This is called sequestration. Sequestration

occurs in cases involving considerable public interest and is resorted to by the judge

when it is deemed necessary to protect the jury from undue exposure to publicity about

the trial. While sequestration may be inconvenient, the juror must realize that the judge

has determined the measure necessary to assure that justice is done. When the jury must

be kept together, the court will see to it that your family is notified, and every possible

effort will be taken to ensure your comfort.

In some instances, after the jury has been selected and the case partially tried, the

parties may settle the case or, in a criminal matter, the defendant may plead guilty. It

is the very presence of the jury that is responsible for the actual settlement of the case

or the plea by the defendant. In other cases, the judge may hand down a "directed

verdict", which means that for some legal reason, the judge has determined that it is

unnecessary to submit the case to the jury. This is the judge's decision and not yours.

In the event that a jury is unable to reach a verdict as required by law, the judge may

declare a mistrial, and the case will then have to be tried at another time before another

jury.

In arriving at a verdict, jurors are expected to bring to bear all the experience, common

sense and knowledge they possess in weighing the evidence, testimony and the law as

charged. Jurors are expected not to rely on any private sources of information as

discussed above. Jurors should form no opinion until all the evidence is introduced,

arguments presented and instructions on the law are given.

COMPENSATION

The amount of per diem and mileage a juror may receive for his/her service varies from

county to county. Everyone who serves as a juror, whether he actually sits on a case or

not, is entitled to the same compensation. Payment of per diem and mileage is generally

made by the clerk of the court at the conclusion of jury service and will usually be

mailed to each juror.

You will be paid $10 for each day that you are required to appear.

Be prepared to turn in the mileage from your home to the court for which you will be

paid at a current mileage rate.

Normally, the court will recess for meals.

SOME TERMS YOU WILL HEAR IN COURT AND THEIR MEANINGS

Action, Case, Suit, Lawsuit. These words mean the same thing. They all refer to a

legal dispute brought into court for trial.

Answer. The paper in which the defendant answers the claims of the plaintiff.

Argument. The presentation of the review of the evidence and summation by the

parties/attorneys at the end of the case after all of the evidence is in and both parties

have rested.

Bailiff. The bailiff is a court officer who waits upon the court and the jury and

maintains order in the court.

Civil Case. A lawsuit is called a "civil case" when it is between persons in their private

capacities or relations sues an individual under the law, as distinguished from

prosecuting a criminal charge. It results generally in a verdict for the plaintiff or for the

defendant and, in many cases, involves the awarding or denying of damages.

Clerk. The clerk sits at the desk beside the judge, is an officer of the court and keeps a

record of papers filed. He/she has custody of the pleadings and records of the trial of

the case, orders made by the court during the trial and the verdict at the end of the trial.

Complaint. The paper in which the person who brings the lawsuit sets forth his/her

claims against the defendant.

Cross-Examination. The questions which a party/lawyer puts to the opposing party

and his/her witnesses. Defendant. In a civil case, the defendant is the person against

whom the lawsuit is brought. In a criminal case, the defendant is the person charged

with an offense.

Examination, Direct Examination. The questions which the party/lawyer asks his/her

own client or his own witnesses are often referred to as "examination," "direct

examination," or "examination in chief."

Exhibits. Objects, including pictures, books, letters and documents are often received

in evidence. These are called "exhibits" and are generally given to the jury to take to

the jury room while deliberating.

Instructions or "Charge" to Jury. The outline of the rules of law, which the jury

must follow in their deliberations in deciding the factual issues submitted to them is

called either the judge's "charge" to the jury or his/her "instructions" to the jury.

Issue. A disputed question of fact is referred to as an "issue." It is sometimes spoken

of as one of the "questions" which the jury must answer in order to reach a verdict.

Jury Panel. The whole number of prospective jurors from which the trial jury is

chosen.

Objection Overruled. This term means that, in the judge's opinion, the

party’s/lawyer's objection is not well taken under the rules of law. The judge's ruling,

so far as a juror is concerned, is final and may not be questioned.

Objection Sustained. When a party/lawyer objects to a question or the form of a

question, the judge may say "objection sustained." This means that the judge agrees

that, under the rules of law, the party’s/lawyer's objection was well taken. This ruling

likewise is not subject to question by jurors.

Opening Statement. Before introducing any evidence for his/her side of the case, a

party/lawyer is permitted to tell the jury what the case is about and what evidence

he/she expects to bring in to prove his/her side of the case. This is called the "opening

statement."

Parties. The plaintiff and defendant in the case. They are also sometimes called the

"litigants."

Plaintiff. The person who starts a lawsuit.

Pleadings. The parties in a lawsuit must file in court papers stating their claims against

each other. In a civil case, these usually consist of a complaint filed by the plaintiff, an

answer filed by the defendant and, oftentimes, a reply filed by the plaintiff. These are

called "pleadings."

Record. This refers to the pleadings, the exhibits and the word-for-word record made

by the court recording of all the proceedings at the trial.

Reply. The paper in which the plaintiff answers any claims made by the defendant in

his/her answer.

Rest. This is a legal phrase, which means that the party/lawyer has concluded the

evidence he/she wants to introduce in that stage of the trial.

Striking Testimony. On some occasions, after a witness has testified, the judge will

order certain evidence stricken from the record and will direct the jury to disregard it.

When this is done, the jury will treat the evidence stricken, as though it had never been

given.

Subpoena. The document which is issued for service upon a witness to compel his

appearance in court.

Verdict. The finding made by the jury on the issue submitted to them is the "verdict."