New Jersey Motion to Sequester Jurors Prior to and During the Trial: Understanding the Process Introduction: A motion to sequester jurors prior to and during a trial is a legal request made by either the prosecution or the defense in a court case. Sequestration refers to the isolation of jurors from outside influences and ensures a fair and impartial trial. In New Jersey, various types of motions can be filed depending on the circumstances of the case. This article provides a detailed description of what a New Jersey motion to sequester jurors entails and explores different types of motions available. 1. Overview of the Motion: A motion to sequester jurors in New Jersey aims to prevent jurors from being unduly influenced during a trial. It safeguards the integrity of the jury system and helps guarantee a fair trial. By sequestering the jurors, the court aims to minimize exposure to media coverage, discussions with family and friends, or any external factors that could potentially bias their judgment. 2. Factors Considered: The court may consider several factors while deciding whether to grant a motion to sequester jurors. These factors include the nature of the case, media attention, potential jury intimidation, high-profile defendants or witnesses, and public interest. It is crucial to provide solid reasoning and evidence to support the motion for the court to assess the necessity of sequestering the jury. 3. Pre-Trial Motions: a. Preemptive Motion: In certain cases, the party making the motion may request the court to sequester jurors even before the trial begins. This preemptive motion aims to prevent any external influences from tainting the jury pool during jury selection and ensures a fair screening process. b. Motion for Void Dire: Void dire is the process of questioning prospective jurors to determine their suitability to impartially decide the case. A motion may be filed requesting expanded void dire to identify any potential biases or prejudices that could negatively impact the trial. This helps in assessing the need for sequestration. 4. During Trial Motions: a. Motion for Partial Sequestration: Instead of isolating the entire jury, parties may request the court to sequester certain jurors who have been exposed to external influences or those who display signs of bias. This selective sequestration aims to maintain the fairness of the trial while minimizing disruption in the proceedings. b. Motion for Full Sequestration: In exceptional circumstances, such as high-profile, media-saturated cases, or cases involving witness intimidation concerns, parties may request the court to sequester the entire jury throughout the trial. This comprehensive sequestration ensures no external influences can compromise the jurors' impartiality and protects the integrity of the trial. Conclusion: In New Jersey, the option of filing a motion to sequester jurors prior to and during a trial provides a valuable tool to safeguard the fairness of the judicial process. Determining the need for sequestration relies on factors such as the nature of the case, potential influences, and public or media interest. Different types of motions can be filed depending on the circumstances, including preemptive, partial, or full sequestration. By diligently assessing these factors and filing relevant motions, parties can work towards securing a just trial.
New Jersey Motion to Sequester Jurors Prior to and During the Trial of this Case
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In New Jersey, motions for reconsideration can only be filed if there is a clear demonstration that the judge's decision has fallen into a specified category of error. There is a strict deadline in New Jersey of 20 days after the decision that the motion must be filed.
609. Rule 609 - Impeachment by Evidence of Conviction of Crime (a) In General. (1) For the purpose of attacking the credibility of any witness, the witness' conviction of a crime, subject to Rule 403, shall be admitted unless excluded by the court pursuant to paragraph (b) of this rule.
602. Lack of Personal Knowledge. A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness' own testimony.
By virtue of the finality of a verdict of acquittal, the jury simply has the power to nullify the law by acquitting those believed by the jury to be guilty.
. (a) Actions in the Superior Court. When actions involving a common question of law or fact arising out of the same transaction or series of transactions are pending in the Superior Court, the court on a party's or its own motion may order the actions consolidated.
A voluntary dismissal by the claimant alone pursuant to R. -1(a) shall be made before a responsive pleading is served or, if there is none, before the introduction of evidence at the trial or hearing.
This Note explains who may file a motion to dismiss, when they may file the motion, and the available defenses (grounds) to assert, including lack of subject matter or personal jurisdiction, insufficient process or service of process, failure to state a claim on which relief may be granted, and failure to join a ...
?With prejudice? means that you cannot re-file your case ever. ?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).