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NEW YORK UNDERTAKES A SUMMARY JURY TRIAL INITIATIVE
Jay M. Solomon, Esq. and James N. Zeris, Esquire
A one day trial, no medical expert witness testimony, no economic expert testimony, impossible you say.
No, the Supreme Court in Bronx County under the new Administrative Judge, Barry Salman, has begun the implementation of a summary jury trial program. This program is designed to offer a one day jury trial. The trial will be scheduled for a date certain. Openings will be limited to ten minutes, case presentation will be one hour, and closings will be ten minutes. Case presentation time may be expanded if counsel presents a compelling argument to the presiding Justice.
The Judge will be one of the presiding justices of Bronx Supreme Court. The jury will be a six person jury with one alternate. The jury's finding will be binding and there will be no appeal. There will be two peremptory challenges per side.
The rules of evidence will be relaxed and similar to an arbitration. Ten days before trial the Judge will conduct an evidentiary hearing regarding any documentary evidence. Thirty days before trial both sides shall exchange the documents that they intend to offer at trial, including expert reports, which are admitted without expert testimony. The failure to serve documentary evidence will result in preclusion at the time of trial. Depositions of opposing parties may be offered, but a party may not offer his/her own testimony, except as provided by C.P.L.R. The documentary evidence may be formulated into trial notebooks which can be distributed to the jurors. Plaintiff and defendant may be called as witnesses. A party is limited to two witnesses for direct and cross-examination. A party wishing to call an expert witness must provide written notice and a copy of the expert's narrative report 20 days before trial.
The system is designed to permit the presentation of evidence that is relevant and material to the dispute. Jurors will be permitted to take notes and propose questions.
The summary jury trial may be used for any matter that may be heard in Supreme Court. As of this writing at least five cases are scheduled for summary jury trial. We will follow the progress of the initiative. The initiative may present a cost effective alternative to a full trial and be of interest to our clients.
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