"Mike Granby" wrote in message
...
"Larry Smith" wrote:

[Much interesting stuff]

Thanks for this, Larry. One final question... When you talk about the
judge
dismissing at the end of the plaintiff's case, is this in front of the
jury?

No, the judge tells the jury they have some nonjury business and has the
bailiff escort them back to the jury room. The idea is not to have the 12
hear the attorneys wrangling. Argument gets hot at this time, and then the
judge must rule. If he rules for the plaintiff while the jury watches, it
would be arguably prejudicial to the defendant.

Or is there some preliminary hearing first?

It's usually a 5-minute thing, in which the moving attorney makes his
motion, states his reasons, then the other attorney stands on his hind legs,
thumps on a lawbook, and howls a rebuttal. The judge will then ask a few
questions, then more howling from both sides, then he rules. Sometimes if
it's not even close, the judge calls the attorneys to the bench for a
"sidebar" and tells the defense counsel he thinks there's enough there for
the case to get by the motion to dismiss. He then whispers to the clerk
that the motion was made, denied, exception to the defendant, in order to
protect defendant's record on appeal -- then the jury are escorted back into
the box.

I have had jurors come up to me after a case was over with and ask what all
the fuss was about during motion time when they were confined in the jury
room.

I was reading your "getting to
the jury" as referring to presenting the case (or part thereof) to a jury,
whereas rereading it, it could also mean getting to the jury for
consideration.

--
Mike Granby, PP-ASEL,IA
Warrior N44578
http://www.mikeg.net/plane