Summary Jury Trial
A summary jury trial is a voluntary, binding jury trial, typically conducted in a single day before a panel of six jurors and presided over by the assigned judge, a judge appointed by the court, or a special hearing officer selected jointly by the parties. The summary jury trial process is intended to afford parties an efficient and economical means of resolving their dispute. The Michigan Supreme Court has authorized courts to conduct pilot projects to study the effectiveness of the summary jury trial process in resolving civil cases without adjudication by the trial court. Please refer to the Frequently Asked Questions below for additional information.
Frequently Asked Questions Regarding Summary Jury Trial Participation
- The AO authorizing courts to operate summary
jury trials requires that the court begin operating “after approval by the
Court.” How do I get approved?
Submit a
request to the State Court Administrator.
The Court authorized the SCA to approve requests to conduct a summary
jury trial.
- The AO requires me to “track participation in
and the effectiveness of” the summary jury trials, and report findings to the
Supreme Court. How do I do that?
There is
no standard evaluation form. But for
purposes of tracking effectiveness, it would be important to know how many SJTs
your court had conducted, how much time was saved in conducting a SJT instead
of a traditional trial, and the general assessment (positive or negative)
expressed by the litigants and their attorneys, the jurors, and the judge.
- How do I know which cases would be right for
this type of trial?
The AO
gives some examples of the noncomplex types of cases that might be appropriate
(tort, no-fault, and business cases that do not involve complex facts or
numerous witnesses), but each court may determine what standards to use for
identifying eligible cases. This may
result in different courts using the process for different types of cases.
- I (as a litigant or attorney) would like to
explore the possibility of SJT for my case, but I’m scheduled for case
evaluation and/or mediation (the dates were set when I filed my case). Do I still have to participate in the case
evaluation/mediation?
No. AO No. 2015-1 states that upon filing a
consent order for SJT, the trial court shall not require the parties to
participate in mediation or case evaluation before the SJT. However, the parties may voluntarily do so.
- When do I get my trial date?
The clerk
of the court, in consultation with the parties, will set a date at least 56
days in advance, and provide notice to the attorneys and parties.
- Are the evidentiary rules different?
Given the
expedited nature of the SJT, discovery is also conducted on an expedited
basis. Documentary restrictions and
witness limitations are described in the order.
- Do I still have to have a pretrial conference
like in other jury trials?
Yes. The required matters to be discussed are
listed in the order.
- What if I want a transcript?
The order
stipulates that a SJT will not be recorded by the court’s court reporter like
other trials. If a party wants a
transcript, the party may record or transcribe the proceedings at the party’s
own expense.
- What about jury selection?
The
procedure for selecting a jury is different from that of selecting jurors in
other jury trial cases. There are no
challenges for cause, and of the ten potential jurors originally selected from
the regular jury pool, the parties simply sequentially strike two jurors each.
- What are the time restrictions involved?
SJTs are
expected to last no more than one day.
To promote that outside time limit, the order defines the periods of
time that are expected to apply for jury selection, opening statements,
presentation of proofs, and closing arguments.
Jury instructions should be limited to ensure the complete set can be
read in no more than 10 minutes.
- What happens when the case goes to the jury?
The jury will
return a verdict on a written jury form, and it is binding, subject to any
written high/low limitations that were agreed upon by the parties before the
case was tried. Agreement by five of the
six jurors is required for a verdict.
- What about postjudgment motions?
The only
postjudgment motion allowed is a motion for new trial that alleges: an
irregularity that denied the moving party a fair trial, misconduct of the jury
or prevailing party during the trial, error in law, or fraud. The motion is filed with the trial court,
and must be filed within 7 days after entry of the jury’s verdict.
- What about appeal?
There is
no right to appeal except in the case of fraud.
Any such appeal is made to the Court of Appeals.
- What are the postjudgment disposition
requirements?
The
nonprevailing party must pay the judgment amount within 28 days after the jury
renders a verdict. Upon payment, the
prevailing party shall submit an Order of Dismissal with Prejudice for entry by
the court. If a party does not pay as
required, the trial court must enter an Order of Judgment for the verdict
amount.
- Can I recover costs?
No. The right to seek costs and sanctions is
waived, except in cases involving fraud.