Also known as: submit to the jury · submitted to the jury · submitting to the jury
Written by attorneys · grounded in primary & secondary sources — see below
The process by which a judge gives a case to the jury for its consideration and verdict after all evidence has been presented, arguments completed, and instructions given. The timing of this handover determines when certain motions become unavailable and when the jury assumes its fact-finding role.
Serena Soto completed her evidence in a contract dispute against Sapphire Technologies. Sapphire then moved for judgment as a matter of law, identifying the judgment sought and the missing elements of reliance. The court considered the motion while the case remained in its hands and before any handover occurred.
Sabrina Shah sued Spectrum Financial for securities violations. The judge prepared a general verdict form along with specific written questions on materiality and scienter. The court directed the jury to answer both the verdict and the questions after the handover.
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Sofia Stern purchased a vehicle from Summit Bank that later malfunctioned and caused injury. After evidence on design and manufacturing, the court handed the causation question to the jury rather than resolving it itself.
Seth Shapiro, a temporary worker, sued Sentinel Security after an on-site injury. The district court denied a pretrial motion to keep the borrowed-servant issue from the jury and instead completed the handover for jury resolution.
Stella Shapiro faced trial with a codefendant whose confession implicated her. The court conducted the handover after limiting instructions, allowing the jury to consider the evidence under the applicable constitutional standard.
Sarah Sullivan was tried for distributing materials advocating overthrow of government. The court completed the handover after the prosecution rested, sending the sufficiency of the advocacy evidence to the jury.
A motion for judgment as a matter of law may be made at any time before the case is submitted to the jury. The motion must specify the judgment sought and the law and facts that entitle the movant to the judgment.
The court may submit to the jury forms for a general verdict together with written questions on one or more issues of fact that the jury must decide. The court must give the instructions and explanations necessary to enable the jury to render a general verdict and answer the questions in writing.
A party waives the right to a jury trial on any issue of fact raised by the pleadings or evidence but not submitted to the jury unless the party demands its submission before the jury retires. If the party does not demand submission, the court may make a finding on the issue.
…to defects in design as well as to defects in material and workmanship. It held that there was sufficient evidence to require submission to the jury of the question whether the accident was caused by a defect in the car. The defendants contend that the judgment of the Appellate Division should be reversed and that the judgment of the…