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Federal Jury Practice

Jury Practice, Generally

The following resources include information related to federal jury practice. The resources include sources available on Jenkins' member databases and in print in the library. Onsite Lexis and Westlaw access is noted when available.

The chapters/sections listed below are included as a starting place for that resource. Additional chapters/sections may apply. Consult the index or conduct a search in the resource to find additional material.

Treatises on federal civil or criminal practice may include additional information. Search the Jenkins' catalog or Ask Us for more suggestions.

Forms, Treatises, and Practice Aids

The following resources include sample forms related to federal jury practice.

Bender's Federal Practice Forms LexisNexis
Also on the LexisNexis Digital Library.
For civil matters, see Federal Rules of Civil Procedure, Rule 39: Trial by Jury or by the Court and Rule 48: Number of Jurors; Verdict.
For criminal matters, see Federal Rules of Criminal Procedure, Rule 23: Jury or Nonjury Trial.

Federal Procedural Forms West/Thomson Reuters
Available on the library's Westlaw computers.
For civil matters, see Chapter 1D, Part I, Subpart B: Procedural Forms.
For criminal matters see Chapter 20, Part XVI, Subpart B: Before Judge of District Court.

Manual of Federal Practice: Forms LexisNexis
Also on the LexisNexis Digital Library.
See Chapter 7, Part 6: Procedure to Obtain a Jury Trial and Chapter 7, Part 7: Procedures Connected with Jury Trial.

Moore's Manual: Federal Practice Forms LexisNexis
Also on the LexisNexis Digital Library.
See Part VI, Chapter 22: Trial by Jury.

Nichols Cyclopedia of Federal Procedure Forms West/Thomson Reuters
Available on the library's Westlaw computers.
For civil matters, see Part I, Subpart H, Chapter 53: Jury.
For criminal matters, see Part III, Subpart G, Chapter 158: Jury.

West's Federal Forms West/Thomson Reuters
Also on the library's Westlaw computers.
For civil matters, see District Courts, Civil, Chapter 28: Jury Trial; Assignment of Cases for Trial.
For criminal matters, see District Courts, Criminal, Chapter 90, Parts V-VI: The Jury (Rule 24).

The following member database includes information related to federal jury practice. Members must be logged in to jenkinslaw.org to access this database. This database is also available in the library.

Bender's Federal Practice Forms
Available on the LexisNexis Digital Library.
For civil matters, see Federal Rules of Civil Procedure, Rule 39: Trial by Jury or by the Court and Rule 48: Number of Jurors; Verdict (vol. 9).
For criminal matters, see Federal Rules of Criminal Procedure, Rule 23: Jury or Nonjury Trial (vol. 17).
Also available in print.

Manual of Federal Practice: Forms
Available on the LexisNexis Digital Library.
See Chapter 7, Part 6: Procedure to Obtain a Jury Trial and Chapter 7, Part 7: Procedures Connected with Jury Trial (vol. 3).
Also available in print.

Moore's Manual: Federal Practice Forms
Available on the LexisNexis Digital Library.
See Chapter 22: Trial by Jury (vol. 6A).
Also available in print.

The following resources include information related to jury practice in federal court. Some resources published by LexisNexis and West/Thomson Reuters may be available on the library's Lexis and Westlaw computers. See below for more information.

Treatises on federal civil or criminal practice may include additional information. Search the Jenkins' catalog or Ask Us for more suggestions.

Bender's Federal Practice Forms LexisNexis
Also on the LexisNexis Digital Library.
For civil matters, see Federal Rules of Civil Procedure, Rule 39: Trial by Jury or by the Court and Rule 48: Number of Jurors; Verdict.
For criminal matters, see Federal Rules of Criminal Procedure, Rule 23: Jury or Nonjury Trial.

Federal Jury Practice and Instructions: Civil and Criminal West/Thomson Reuters
Also on the library's Westlaw computers.
See volumes labeled Jury Trial (chapters 1-9).
Also referred to as O'Malley's. Prior editions referred to as Devitt and Blackmar. Library also has previous editions: see all.

Federal Practice and Procedure West/Thomson Reuters
Also on the library's Westlaw computers.
See Jury in the index or conduct a search to find relevant sections.
Also referred to as Wright & Miller. Library also has previous editions: see all.

Federal Procedural Forms West/Thomson Reuters
Available on the library's Westlaw computers.
For civil matters, see Chapter 1D, Part I, Subpart B: Procedural Forms.
For criminal matters see Chapter 20, Part XVI, Subpart B: Before Judge of District Court.

Federal Procedure, Lawyer's Edition West/Thomson Reuters
Available on the library's Westlaw computers.
See Chapter 77: Trial.

Manual of Federal Practice LexisNexis
See § 7.07: Jury Trial.
Library also has previous editions: see all.

Manual of Federal Practice: Forms LexisNexis
Also on the LexisNexis Digital Library.
See Chapter 7, Part 6: Procedure to Obtain a Jury Trial and Chapter 7, Part 7: Procedures Connected with Jury Trial.

Moore's Federal Practice LexisNexis
Also on the library's Lexis computers.
For civil matters, see Chapter 38: Right to a Jury Trial; Demand, Chapter 39: Trial By Jury or By the Court, and Chapter 48: Number of Jurors; Verdict; Polling.
For criminal matters, see Chapter 623: Jury or Nonjury Trial and Chapter 624: Trial Jurors.
Library also has previous edition: see all.

Moore's Manual: Federal Practice Forms LexisNexis
Also on the LexisNexis Digital Library.
See Part VI, Chapter 22: Trial by Jury.

Nichols Cyclopedia of Federal Procedure Forms West/Thomson Reuters
Available on the library's Westlaw computers.
For civil matters, see Part I, Subpart H, Chapter 53: Jury.
For criminal matters, see Part III, Subpart G, Chapter 158: Jury.

West's Federal Forms West/Thomson Reuters
Also on the library's Westlaw computers.
For civil matters, see District Courts, Civil, Chapter 28: Jury Trial; Assignment of Cases for Trial.
For criminal matters, see District Courts, Criminal, Chapter 90, Parts V-VI: The Jury (Rule 24).

Court Rules

Court rules often outline the procedures surrounding jury trials. Federal Court Rules are available for free online from the United States Courts website. The following rules address jury trials in federal civil and criminal procedure. Please note that additional rules may also apply.

Civil Rules:

Fed.R.Civ.P. 38: Right to a Jury Trial; Demand
Fed.R.Civ.P. 39: Trial by Jury or by the Court
Fed.R.Civ.P. 48: Number of Jurors; Verdict; Polling

Criminal Rules:

Fed.R.Crim.P. 23: Jury or Nonjury Trial

Federal Court Rules are available for free online from the United States Courts website. For additional places to find Federal Court Rules, including in print and on the library's Lexis, Westlaw, and Bloomberg Law computers, see the Federal Court Rules guide.