Polling the Jury: A Comprehensive Guide to Its Legal Definition

Q: Can either party request to poll the jury?

Polling is typically requested by the defense, but it can be requested by either party.

Q: Is polling the jury required in all trials?

No, polling is not mandatory; it must be specifically requested.

Definition & Meaning

Polling the jury is a legal practice in which each jury member is asked to individually confirm their agreement with the verdict before it is officially recorded by the court. This procedure is typically initiated at the request of the defense attorney. During polling, each juror is called by name and must verbally affirm their assent to the verdict. The polling process concludes once all jurors have affirmed the verdict. If any juror does not agree, the jury may be discharged or instructed to continue deliberations.

Table of content

Legal Use & context

Polling the jury is primarily used in criminal and civil trials to ensure that all jurors are in agreement with the verdict. This practice serves to protect the rights of the defendants and uphold the integrity of the judicial process. It is particularly relevant in cases where the outcome may have significant consequences. Users can manage the polling process effectively with the right legal forms and templates available through US Legal Forms.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

(hypothetical example) In a criminal trial, after the jury reaches a verdict of not guilty, the defense attorney requests to poll the jury. Each juror is called by name and confirms their agreement with the verdict. The polling concludes successfully, affirming the unanimous decision.

(hypothetical example) In a civil case, the jury finds in favor of the plaintiff. However, during polling, one juror expresses uncertainty about the verdict. The judge may then decide to send the jury back for further deliberation.

State-by-state differences

Examples of state differences (not exhaustive):

State	Polling Requirements
California	Polling is mandatory upon request by either party.
Texas	Polling is allowed but not required; jurors may be asked informally.
New York	Polling is standard practice and must be conducted if requested.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Difference
Jury Verdict	The decision reached by the jury.	Polling confirms individual juror agreement with the verdict.
Jury Deliberation	The process by which jurors discuss the case before reaching a verdict.	Polling occurs after deliberation and before the verdict is final.

Common misunderstandings

What to do if this term applies to you

If you are involved in a trial where polling the jury may be relevant, consider discussing the option with your legal counsel. They can advise you on the best course of action. Users can also explore US Legal Forms for templates that may assist in preparing for jury polling or related legal processes. If your situation is complex, seeking professional legal help is recommended.

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Quick facts

Polling is initiated by the defense.
Each juror must individually affirm their agreement.
Polling concludes once all jurors have affirmed.
Jurors may be sent back for further deliberation if there is dissent.

Key takeaways

Frequently asked questions

What happens if a juror does not agree during polling?

If a juror does not agree, the jury may be discharged or asked to deliberate further.