Legal Definitions - withdrawing a juror

Withdrawing a juror refers to the formal act of removing a selected juror, or the entire jury, from a trial before a verdict has been delivered. This action is typically taken when the court decides to pause the trial for a significant period (known as a continuance) or, in certain legal systems, to conclude the trial entirely without a verdict from that specific jury. Common reasons include the parties reaching a settlement outside of court, or the judge determining that the trial cannot or should not proceed with the current jury due to unforeseen circumstances or fundamental procedural issues.

Here are some examples:

• Example 1: Case Settlement

  Imagine a civil lawsuit where a former employee is suing their company for wrongful termination. After several days of testimony, both parties' legal teams engage in intense negotiations and successfully reach a confidential settlement agreement. Since the dispute has been resolved outside of court, there is no longer a need for the jury to hear further evidence or deliver a verdict.

  How it illustrates the term: In this scenario, the judge would formally "withdraw a juror" (effectively discharging the entire jury) to end the trial without a verdict. This allows the settlement to proceed and avoids unnecessary continuation of court proceedings.

• Example 2: Fundamental Procedural Error

  Consider a criminal trial for assault. During the proceedings, it comes to light that a crucial piece of evidence presented by the prosecution was obtained through a search that the judge later rules was unconstitutional. This error is deemed so significant that it could unfairly prejudice the defendant and taint the entire trial.

  How it illustrates the term: To uphold the principles of due process and ensure a fair trial, the judge might decide to "withdraw a juror" (discharging the entire jury and declaring a mistrial). This action ends the current trial without a verdict, allowing the prosecution to address the procedural error, potentially by pursuing a new trial with admissible evidence, or by dropping the charges.

• Example 3: Case Not Properly Before the Court

  Suppose a dispute arises between neighbors over a shared fence, and one neighbor files a lawsuit in a general civil court. During the initial stages of the trial, the judge realizes that the specific nature of the dispute, involving property boundaries and easements, falls exclusively under the jurisdiction of a specialized land and property tribunal, not the court where the case was filed.

  How it illustrates the term: The judge would "withdraw a juror" (discharging the jury) and terminate the trial. This action ensures that the legal matter is directed to the correct judicial body that has the proper authority and expertise to handle such cases, preventing the current court from proceeding with a case it is not legally empowered to decide.