26th Circuit Court-Alpena
Jury Duty
Juror's Handbook
Michigan Courts
The 26th
Circuit Court is the court of original jurisdiction for all civil actions,
claims and remedies arising within the County, except for matters to be handled
by the courts of limited jurisdiction (District and Probate Courts). The Chief Judge oversees other departments,
which serve as extensions of the Court including Friend of the Court, Jury
Commission and appointment of attorneys for indigent defendants.
The law does not permit this court to give legal advice or to assist
in the preparation of legal papers. (MSA SEC.27.3178(9)
As constitutional clerk of the
26th judicial Circuit Court, the clerk’s office performs a variety of functions
and responsibilities. The clerk’s office files all cases and maintains the
official record of all cases that come before the Alpena County Circuit
Court. The office also provides support
services for the courts and notifies jurors to appear for jury duty. As the
official record of the court, the judiciary and the public utilize the records.
The clerk's office also processes felony criminal cases bound over from the 88th
District Court
Civil Cases
The Circuit Court has exclusive
jurisdiction over cases claiming money damages over $25,000. District Court handles cases with disputes of
$25,000 or less. Civil cases include all appeals from district court and removal from
District Court, civil damage suits which include personal injury, auto
negligence, medical malpractice and other damage suits, other civil matters
which include business claims, contract and general civil suits.
Appeals
The Circuit Court is an appeals
court for other agencies. Appeals come from administrative agencies such as
worker compensation decisions, Secretary of State-driver’s license restoration
cases, MESC and other state agencies.
All District Court appeals are taken to Circuit Court as well as some
Probate Court appeals. Decisions by municipalities are also taken to the
Circuit Court, such as Zoning Board of Appeals, Gun Board decisions and other
Municipalities decisions.
Family
Division
Criminal
Felonies
Circuit Courts have exclusive
jurisdiction of all felonies. Felonies are initiated with a complaint and
warrant in the District Court. A defendant may have a preliminary examination
here to determine if there is probable cause to be tried in Circuit Court, or
the exam may be waived. The defendant is
then arraigned on felony information in Circuit Court, where the defendant may
plead guilty or have a trial. Before the sentencing of a defendant the
Department of Corrections is required to provide a written pre-sentence report
to the court..
Additional information on Michigan Courts
including other courts of the State, court forms, court rules, and case code
types can be seen at www.courts.michigan.gov
Jury Duty
FREQUENTLY ASKED QUESTIONS
REGARDING JURY DUTY
Jury service is one of the
highest duties of citizenship. It is also a very interesting experience
and will give you an opportunity to learn more about our system of justice and
how it works. The success of our legal system is measured directly by the
dedication, impartiality, sound judgment and integrity of those like you who
serve as jurors. While it may interrupt
your normal schedule, we hope any inconvenience will be minimal. The liberty or
the property of another is on trial and as a conscientious person you will want
to do your best to make sure that the jury on which you sit returns a verdict
that is as fair and impartial as possible.
What should I do with the
Questionnaire and Summons?
Fill out both sides, put it the envelope provided and mail it back
to the Jury Board Office within 10 days.
If you are 70 years old or older,
you can claim exemption on the questionnaire.
If you are physically or mentally
unable to do jury duty, you should include a doctors statement or have the
doctor mail or fax a statement regarding your medical condition to the address
or fax number listed on your summons.
If the dates you are summoned are
extremely inconvenient, please contact the office as soon as possible to work
out a new date.
Please make any corrections of your
address or name on the questionnaire.
I received a questionnaire in the mail. When will I be called for jury duty?
You can be summoned for jury duty any time between now and one year after receiving your juror questionnaire.
How was my name chosen?
Your name has been drawn from the driver’s license and state ID list of Alpena County residents.
You are a US citizen.
You speak and understand the English language.
You are a resident of Alpena County.
18 years of age or older.
No longer attending high school, and
You have not been convicted of a felony.
How do I get excused from jury duty?
In the state of Michigan, no one is automatically exempt
from jury duty - everyone who meets the above qualifications is eligible. The
Clerk’s Office is always available to discuss any condition or scheduling
problem you may have which would make your attendance impossible. Please contact
the office as soon as possible in order to discuss scheduling. DO NOT
WAIT UNTIL THE DAY YOU ARE TO REPORT
If I have a vacation and/or work hardship. Can I be
excused?
Yes, but we limit the excuse to ONE date.
What if I forget to appear?
You can be found in contempt of court, fined and jailed. Although this usually wouldn’t happen, you should call the Clerk’s Office immediately and explain, so that a show cause notice will not be mailed to you, for your appearance before the Judge to explain.
What if I have an emergency or require a postponement?
If there is a grave illness in your family, or equally serious problem
that would constitute an undue hardship or extreme inconvenience for you to
appear in court at the date specified, you must notify the court as soon as
possible by telephoning (989) 354-9520 DO NOT WAIT UNTIL THE DAY YOUR
GROUP IS CALLED.
How long do trials last? How long will I be
there?
The Judges try to seat their juries in the morning; therefore, if you are not
seated on a case, you are normally (but not always) released in early
afternoon. If you are a juror on a particular trial, you should plan on
being at the courthouse until about 5:00 p.m. The average trial length is
2 to 3 days; occasionally a case will last longer. The judge will inform
you of the expected length of the case during jury selection.
Does my employer have to pay me while I am on jury
duty?
No, an employer does not have to pay you, but they must release you from work
if you are summoned as a juror.
What should I wear?
Please wear clothing that is conservative, clean and comfortable. Shorts,
tank tops and bare midriffs are not appropriate.
What else should I bring?
Books, magazines, or small items to use
while you are waiting will help to pass the time.
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The Juror's Handbook
The Importance of Jury Service
Jury trials have been an important part of the American legal system for over two centuries. They are an integral part of the laws which protect the fundamental rights of all citizens. Jury duty is an important and rewarding service, which you are summoned to provide by the court for your county. Through your service, the people of Alpena County participate directly in the administration of justice.
Participants in a Trial
A jury trial involves many people. Those individuals who are direct participants in the courtroom proceedings include the following:
- Judge – will preside over the trial, instruct the jury, make rulings on points of law, and have general charge over the proceedings of the trial and its participants;
- Parties – in a civil trial are the plaintiff and defendant; in a criminal trial they are the prosecutor (representing the people of the state or local political subdivision), and the defendant (the person charged with a crime);
- Attorneys – participate in trials as advocates for the parties in controversy by presenting their client’s case;
- Witnesses – present testimony under oath concerning what they have seen or know about the facts of the case;
- Prosecuting Attorney – is the official representing the State or a local city or township in a criminal case or certain civil cases;
- Court Recorder – records and logs all trial proceedings and will be responsible for preparing a typewritten transcript of the trial if requested by either party;
- Court Bailiff – opens court and is responsible for maintaining order and security in the courtroom and protecting the jury from outside interference when they are deliberating;
- Court Clerk – draws jurors, logs and labels exhibits, swears in witnesses and assists the judge by providing the papers and files;
A Jury Chosen
Your
name has been drawn at random from a list of licensed drivers and Michigan ID
in Alpena County. From this list of
individuals, jurors will be selected to comprise the jury panel. Such persons, however, must be a U.S. citizen
and be able to read, hear and speak the English language. When
you arrive at the courthouse, you will assemble in the courtroom and roll will
be taken.
Before the selection of a jury
begins, you will be asked to swear or affirm that you will truthfully answer
the questions concerning your fairness and ability to sit as a juror on a
particular case. As
a prospective juror the judge and/or trial attorneys will question you. This process, referred to as Voir Dire, is
conducted to determine whether your have opinions or attitudes which would bias
you in favor or disfavor of either side.
While some questions are personal in nature, they are not intended to
embarrass you even if that becomes the result.
They are asked to determine if there is a reason you should not sit on
the case.
Jurors
may be excused for reasons such as a personal or financial
relationship with a party, which would impair their ability to be fair. In addition, each side may excuse a limited
number of jurors by peremptory challenge without any reason. Jurors who are excused from one case may be
eligible to sit on another.
Once
selected as a juror, you will need to listen to the judge, witnesses and
attorneys, consider the evidence presented, make an intelligent and just
decision based on the evidence presented to you following the instructions
provided by the court.
Conduct of a Trial
The trial will begin with opening statements by the attorneys for both sides. The attorneys will explain their client’s position and what they expect to prove. These statements are not considered evidence but are an introduction to claims, which must be proven by the presentment of evidence.
The
examination of witnesses and presentation of evidence will begin after opening
statements. The witnesses will first be
examined by the attorney who called them, then cross-examined by the other
attorney. This process can proceed
further by redirect and re-cross examinations.
Attorneys
may make objections during the trial in an effort to limit the testimony being
presented. Objections are a legal and
proper part of the trial process. If the
judge sustains the objection the evidence or testimony is not proper, and if he
overrules the objections, the line of questioning may continue.
Occasionally
during a trial the jurors are excused so that arguments may be presented to the
court concerning an objection or other legal issues. This is done outside the presence of the
jurors to avoid possible prejudice.
These activities and the judge’s ruling on objections should not cause
you to give either side more favorable consideration.
In
final arguments, both attorneys will have an opportunity to summarize their
positions and review the facts of the case.
At the conclusion of the final arguments, the judge will issue
instructions to the jury concerning the law and its application to the particular
case. The
jurors will then proceed to the jury room to begin deliberation. The jurors must select a foreperson that
presides over these deliberations. You
will discuss the evidence and attempt to arrive at a fair and impartial verdict
based on the facts presented during the trial and the law as given by the
judge’s instructions. When deliberations
are complete, you will return to the courtroom for the presentation of your
verdict.
Juror’s Responsibilities
Jurors must be prompt in arriving at the court. A trial cannot begin unless all jurors are present.
Jurors
must give their undivided attention to the witnesses, attorneys, and
proceedings. Remember that the outcome
of the case is very important to those concerned.
Jurors
must not let radio, T.V., newspaper articles, or other publicity concerning a
case affect their decision. A verdict
must be based on the evidence presented at the trial.
Jurors must not discuss the case with friends, relatives, or trial participants. If you are approached about the case, report the incident to the court bailiff immediately.
Jurors must not become
involved in independent investigations about the case. When it becomes necessary to inspect a scene
the jury will do so as a group under the court’s supervision only.
Jurors
must be impartial and avoid comments or expressions during the trial, which
convey feelings about the case.
Jurors
will be compensated for their time and mileage at the end of their term.
Final
Note
The jury is a critical element in our system of justice. You should be proud of your service as a juror. Your presence necessary, regardless of whether you are selected to serve on a case. The court and the litigants appreciate your service.
Office hours are Monday-Friday 8:30 am – 4:30 pm. Closed all
legal holidays.
For more information
call the Alpena County Clerk’s office at (989) 354-9520.