Motion to Permit Jury Questionnaire:File in Advance of Trial

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Motion to Permit Jury Questionnaire:File in Advance of Trial

Postby Administrator » Tue Oct 04, 2005 10:18 am

 UNITED STATES DISTRICT COURT
IN AND FOR THE EASTERN DISTRICT OF TEXAS
Marshall Division

DEBORAH F. MOORE, :
Plaintiff, : CASE NO. 2-02CV-303[TJW]
:
vs. :
:
CSC CREDIT SERVICES, INC. and : JUDGE WARD
EQUIFAX INFORMATION : JURY DEMANDED
Defendants :

PLAINTIFF’S MOTION TO PERMIT JURY QUESTIONNAIRE
NOW INTO COURT, through undersigned counsel, comes Plaintiff who respectfully seeks to utilize the attached jury questionnaire, as follows:
1.
The jury is set to be selected on June 7. With adequate time to review the attached questionnaire, plaintiff submitted a request to Equifax to consider the questionnaire and advise of any objection. If objected, to allow plaintiff time to bring this motion. The afternoon of this date, May 27, 2004, Equifax first advised that the questionnaire was not acceptable to it. Plaintiff brings this motion to seek court approval to publish the questionnaire to prospective jurors, in a neutral manner on the morning of jury selection to permit answers to be provided in advance of voir dire to assist counsel in voir dire and to better assist counsel in selecting a proper jury.
2.
Some of the questions pertain to issues that a juror may not want to stand and profess from the witness box in the presence of their fellow jurors. Plaintiff seeks information which may be of a sensitive nature to the prospective jurors.
3.
Voir dire provides a means of discovering actual or implied bias and a firmer basis upon which the parties may exercise their peremptory challenges intelligently. J.E.B. v. Alabama, ex rel, T.B., 114 S.Ct. 1419, 1429 [1994]. The voir dire process is left to the sound discretion of the trial judge. Morgan v. Illinois, 504 U.S. 719, 729-730, 112 S.Ct. 2222, 2230 [1992]. Voir dire serves the dual purposes of insuring selection of an impartial jury and in assisting counsel in exercising peremptory challenges. Mu Min v. Virginia, 500 U.S. 415, 111 S.Ct. 1899 [1991]; United States v. Thomas, 116 F.3d 606 [2d Cir. 1997]; Contreras v. State, 915 S.W.2d 510 [Tex. App.], reh. overruled, [1995].
WHEREFORE PLAINTIFF PRAYS THAT this motion be granted and that an
appropriate order enter permitting the use of the prospective juror questionnaire in this case.

Respectfully submitted:

Bodenheimer, Jones, Szwak


By: ___________________________________
David A. Szwak, LBR #21157, T.A.
416 Travis Street, Suite 1404
Mid South Tower
Shreveport, Louisiana 71101
[318] 424-1400
FAX 221-6555
COUNSEL FOR PLAINTIFF

CERTIFICATE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been mailed, by
first class mail, properly addressed, with prepaid postage affixed, to opposing counsel of record, on this the _____ day of ___________________________, 2004.


___________________________________
David A. Szwak

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