What Do Jurors Say?
by Judge Dale A. Kimball
Most litigators, particularly those handling civil cases, do not try many cases – at least I did not when I was in practice. I do not think that my experience was atypical. Some civil cases are dismissed on Motions to Dismiss. Some civil cases are ended by the granting of Motions for Summary Judgment. Many cases are settled. Still others are tried to the Court in a bench trial or to an arbitrator or arbitrators, which process is now in many respects akin to a bench trial. Occasionally, of course, lawyers try cases in front of juries. However, compare the frequency of lawyers trying jury cases with the experience of a trial judge. Judges have much more experience with juries and jurors than most lawyers. Looking back now over somewhere between 150-200 jury trials as a Judge, I can claim some expertise on the views of jurors.