Wednesday, July 23, 2014

if a trial is bifurcated, does the same jury hear both trials? what determines the order in which the trials are heard?

Question

if a trial is bifurcated, does the same jury hear both trials? what determines the order in which the trials are heard?



Answer

This is not a question that can be answered in the abstract. It depends on the case and the reason for bifurcation.



Answer

Mr. McCormick is correct. If there is going to be any significant gap between the trials, it would be very doubtful that the same jury would hear both trials. It is also possible that the first trial is as to a matter of law so no jury is needed. If you can give us more information, one of us might be able to respond with a definitive reply.



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