The responsibility for administration of the jury system shall be vested in the Court’s Jury
Services Department under the supervision of the Court Administrator.
1. Random selection procedures shall be used throughout the juror selection process.
Computers may be used to provide each eligible and available citizen with an equal
probability of selection.
2. Departures from the random selection procedures are appropriate only when, by reason
of challenges or other causes, not enough jurors to make up a jury panel are present.
Talesmen then may be summoned for said panel until any deficiency is resolved.
The selection of jurors for the Court shall be from the list of electors certified by the Board
of Elections pursuant to R.C. § 2313.06 and may include names from the list of qualified
drivers’ licenses certified by the Register of Motor Vehicles pursuant to R.C. § 2313.06. The
Court shall designate a random selection process based on the total number of electors,
qualified drivers’ licenses, and the number of jurors needed for a four-month term of
service. A term jury list, using the random selection process, shall be drawn in August for
the September term, December for the January term, and April for the May term. The
jurors’ current addresses shall be periodically updated by submitting the jury source list to a
National Change of Address (NCOA) processing service. The Montgomery County, Ohio Jury
Commission shall certify the annual list and file it with the Clerk.
1. To the extent feasible, the jury source list shall be representative of, and be as inclusive
as possible of, the adult population of Montgomery County, Ohio.
2. The Court shall annually review the jury source list for its representativeness and
inclusiveness of the adult population of Montgomery County, Ohio.
3. Should the Court determine that improvement is needed in the representativeness or
inclusiveness of the jury source list, appropriate corrective action shall be taken.
4. The annual jury year shall begin on September 1.
All persons shall be eligible for jury service except those who:
1. Are less than 18 years of age (except persons age 17 who are certified by the Board of
Elections as eligible to vote);
2. Are not citizens of the United States and residents of Montgomery County, Ohio; or
3. Have been convicted of a felony, have not completed their jail time, probation, or
community sanction, and have not had their civil rights restored.
1. The summons calling a person to jury service and the questionnaire eliciting essential
information regarding that person may be:
a. Combined in a single document;
b. Phrased so as to be readily understood by an individual unfamiliar with the legal and
jury systems; and
c. Mailed by first class mail not more than three weeks prior to appearance.
2. The summons will clearly explain how and when the recipient must respond and the
consequences of a failure to respond.
3. The questionnaire will be phrased and organized so as to facilitate quick and accurate
screening and will request only that information essential for:
a. Determining whether a person meets the criteria for eligibility;
b. Providing basic background information ordinarily sought during voir dire
c. Efficiently managing the jury system.
4. Policies and procedures shall be established for monitoring failures to respond to a
summons and for enforcing a summons to report for jury service. Sanctions may be
imposed as warranted.
1. Persons called upon to perform jury service shall be available for five days or longer, as
deemed necessary due to the number of trials scheduled or the length of a trial.
2. The jurors shall be provided with a local number to call to hear a recorded message that
informs them of specific details of their jury service.
1. Except as provided by R.C. § 2313.15, the Court shall not excuse a person who is liable
to serve as a juror and who is drawn and notified unless it is shown to the satisfaction of
the assigned Judge by either the juror or another person acquainted with the facts that
one or more of the following applies:
a. The interests of the public will be materially injured by the juror’s attendance;
b. The juror’s spouse or a near relative of the juror or the juror’s spouse has recently
died or is dangerously ill;
c. The juror has been called as a juror and has actually served as a juror for a trial in a
court of record in any county of the state within the same jury year;
d. The juror is a cloistered member of a religious organization;
e. The juror has a mental or physical condition that causes the juror to be incapable of
performing jury service. Documentation may be required from a physician licensed
to practice medicine verifying that a mental or physical condition renders the juror
unfit for jury service for the remainder of the jury year;
f. Jury service would cause undue or extreme physical or financial hardship to the juror
or a person under the care or supervision of the juror;
g. The juror is over 75 years of age and requests to be excused;
h. The juror is an active member of a recognized Amish sect and requests to be
excused because of the juror’s sincere belief that, as a result of that membership,
the juror cannot pass judgment in a judicial matter; or
i. The juror is on active military duty.
2. A person who is liable to serve as a juror may be excused only by the assigned Judge or a
representative of the assigned Judge. After one year, a person excused from jury
service shall become eligible once again for qualification as a juror unless the person
was excused from service permanently. A person is excused from jury service
permanently only when the deciding Judge determines that the underlying grounds for
being excused are of a permanent nature.
3. Deferrals for jury service up to six months may be permitted by the assigned Judge or a
representative of the assigned Judge if the juror has not previously been granted a
postponement. If extraordinary circumstances exist, a deferral for more than six
months may be granted.
4. An automatic deferral must be granted to a prospective juror if his or her employer has
25 or fewer employees and another employee of that business has been summoned
during the same term.
5. Requests for excusals and deferrals and their disposition shall be written or otherwise
1. The Court shall provide an adequate and suitable environment for jurors and comply
with all American with Disabilities Act regulations.
2. Facilities shall be easily identified and appropriately designed to accommodate the daily
flow of prospective jurors to the courthouse.
3. Jury deliberation rooms shall include space, furnishings, and facilities conducive to
reaching a fair verdict. The safety and security of the deliberation rooms shall be
4. To the extent feasible, juror facilities will be arranged to minimize contact of jurors with
parties, counsel, and the public.
5. Jurors shall comply with all building regulations, including, but not limited to, security
and the no smoking policy.
1. Voir dire examination shall be limited to matters relevant to determining whether to
remove a juror for cause and the juror’s fairness and impartiality.
2. To reduce the time required for voir dire, basic background information of the
prospective jurors shall be made available to counsel for each party prior to trial.
3. The trial Judge may conduct a preliminary voir dire examination. Counsel shall then be
permitted to question panel members for a reasonable period of time.
4. The trial Judge shall ensure that the privacy of prospective jurors is reasonably
protected and the questioning is consistent with the purpose of the voir dire process.
5. In all criminal and civil cases, the voir dire process shall be held on the record.
6. Voir dire questions shall be asked collectively of the entire panel whenever possible.
If the Judge determines that a prospective juror is unable or unwilling to judge the
particular case fairly and impartially, that prospective juror shall be excused.
1. The Court shall have a juror orientation program designed to increase prospective
jurors’ understanding of the judicial system and prepare them to serve competently as
jurors. It shall be presented in a uniform and efficient manner using a combination of
written, oral and audiovisual materials.
2. The trial Judge may:
a. Give preliminary instructions to all prospective jurors;
b. Give instructions directly following empanelment of the jury to explain the jury’s
role and trial procedures;
c. Prior to the commencement of deliberations, instruct the jury on the law, the
appropriate procedures to be followed during deliberations, and the appropriate
method for reporting the results of its deliberations;
d. Make the Court’s instructions available in the jury room during deliberations in a
form which is readily understandable by individuals unfamiliar with the legal system;
e. Advise jurors before dismissing the jury at the conclusion of a case concerning:
i. Release of the jurors from their duty of confidentiality;
ii. Their rights regarding inquiries from counsel or the press;
iii. Whether they are discharged from service or specify where they must report;
iv. The Court’s appreciation to the jurors for their service, but without approval or
disapproval of the result of the deliberation;
3. All communications between the Judge and members of the jury panel, from the time of
reporting to the courtroom for voir dire through discharge shall be in writing or on the
record in open court. Counsel for each party shall be informed immediately of such
communications and given the opportunity to be heard.
1. In conjunction with Subsection (H) of this Rule, jury deliberations shall take place under
conditions that are designed to ensure impartiality and to enhance rational decisionmaking
and shall conform to existing Ohio law.
2. A jury shall not be required to deliberate after a reasonable hour unless the assigned
Judge determines that evening, weekend or holiday deliberations would not impose an
undue hardship upon the jurors and is required in the interests of justice.
3. Training shall be provided to personnel who escort and assist jurors during
1. A jury shall be sequestered only for good cause, including, but not limited to, insulating
its members from improper information or influences.
2. The jury shall be sequestered after a capital case is submitted to the jury in conformity
with existing Ohio law.
3. The assigned Judge shall have the discretion to sequester a jury on the motion of
counsel or on the Judge’s own motion and shall have the responsibility to oversee the
conditions of sequestration.
4. Procedures shall be promulgated to:
a. Achieve the purpose of sequestration and
b. Minimize the inconvenience and discomfort of sequestered jurors.
5. Training shall be provided to personnel who escort and assist jurors during
The Court shall collect and analyze information regarding the performance of the jury
system annually in order to evaluate:
1. The representativeness and inclusiveness of the jury source list;
2. The effectiveness of summoning and qualification procedures;
3. The responsiveness of individual citizens to jury duty summonses;
4. The efficient use of jurors; and
5. The cost-effectiveness of the jury management system.
Montgomery County Courts Building
41 N Perry St
Dayton, OH 45422
14 W 4th St
Dayton, OH 45402