Rule 212.8 - Mini-Jury Trials(a)Purposes. The purpose of mini-jury trials is to establish a less formal procedure for the resolution of civil actions for money damages while preserving the right to a jury trial de novo. As a part of the Court's pre-trial procedure, the Court may refer cases for a mini-jury trial upon motion of a party or sua sponte.(b)Preliminary considerations. The following shall be considered, but shall not be controlling, in determining if civil cases are amenable for a mini-jury trial. (1)Time necessary for regular trial. The Court will determine if the regular trial time would be three (3) days or more.(2)Consent of attorneys. While the Court will attempt to obtain the consent of the attorneys to a mini-jury trial, the Court shall have the authority to direct a mini-jury trial as an extension of the settlement conference.(3)Existing offer and demand. The Court will attempt to obtain the agreement of counsel to keep any current offer or demand open for forty-eight hours after the mini-jury trial verdict.(4)Credibility. The Court will determine if the major issues will be resolved on the basis of credibility.(5)Appeals from arbitration. Cases appealed from arbitration will be presumptive candidates for mini-jury trials.(c) The following procedures shall apply to all mini-jury trials:(1)Attendance of parties. Individual parties shall attend the mini-jury trial in person. An officer or other responsible lay representative of a corporate party or a claims adjuster for an insurance carrier shall attend the mini-jury trial.(2)Non-binding effect. Mini-jury trials are for settlement purposes only and are non-binding. Nothing done by counsel with reference to the mini-jury trial shall be binding on counsel, the parties, nor shall anything constitute a waiver, unless specifically stipulated to or agreed upon by the parties.(3)Special verdict questions. Cases will be submitted to the jurors by way of special verdict questions. Counsel shall submit to the Special Master, forty-eight (48) hours prior to the selection of the jury, a joint statement or proposed special verdict questions, for use at trial. If counsel cannot agree on a joint statement, the Special Master will select the special verdict questions to be used. Special verdict questions for the mini-jury trial need not be the same as those for a regular jury trial. The jury will determine the amount of damages in all cases, regardless of whether a defendant is found to be liable or not liable. The Special Master will determine the format to be used and make rulings on disputed questions.(4)Size of Jury. The number of jurors shall be six (6) and the agreement of five-sixths of the jury shall be necessary to reach a verdict. There shall be no preemptory challenges to jurors but jurors may be excused for cause.(5)Presentation of the case by counsel. Each side shall be entitled to one hour for presentation of its case unless counsel presents a compelling reason at a pre-trial conference why more time for each side should be allocated. Presentation of the case by counsel may involve a combination of argument, summarization of evidence to be presented at the regular trial and a statement of the applicable law but only to the extent it is needed to be known by the jury in answering the special verdict questions. Counsel may call witnesses but cross-examination shall only be done as part of a party's presentation of its case. Counsel may quote from depositions and/or reports to the extent that such evidence can reasonably be anticipated to be admissible at the time of trial. Counsel should not refer to evidence which would not be admissible at trial. The Plaintiff shall proceed first and shall have a five (5) minute rebuttal following the presentation of the defendant's case.(6)Applicable law. The Special Master will charge the jury on the applicable law to the extent it is appropriate and needed to be known by the jury in answering the special verdict questions. The points for charge shall be submitted jointly by the parties to the Special Master forty-eight (48) hours prior to the selection of the mini-jury. The Special Master shall rule on any disputes on a point for charge.(7)Jury verdict. The jury will be asked to return a verdict if five-sixth of them agree to it. (The same five-sixth majority need not answer each special verdict question.)(8)Length of Deliberations. If the jury does not reach a five-sixth majority verdict within a reasonable time, the Special Master will consider polling the jurors individually.(9)Oral Questions to Mini-Jury. After the verdict, counsel may address questions in open court to the foreperson of the jury. Only questions that can be answered "yes" or "no" or by a dollar figure may be asked. The attorneys shall be limited to ten questions each unless a greater number is allowed by the Special Master for cause shown. No questions shall be asked the answers to which will disclose the personal view of any particular member of the jury.(10)Scheduling Regular Trial. Should the mini-jury trial not result in a settlement, the regular trial shall not be held the same calendar week unless the jury is dismissed and will not come into contact with the balance of the venire.(11)Release of verdict. The mini-jury trial is an extension of the settlement conference and the verdict shall not be made public.(d)Selection of Special Masters. The Court Administrator shall maintain a roster of Special Masters who shall be designated from time to time from applications submitted by or on behalf of attorneys eligible for selection by the Court. An attorney must have been admitted to practice for not less than ten (10) years, be recommended by the Committee on Alternative Dispute Resolution or be a member of the Academy of Trial Lawyers of Southwestern Pennsylvania and determined by the President Judge to be competent to perform the duties of a Special Master. The parties may agree upon a Special Master who is not on the roster maintained by the Court Administrator, provided that the name of such person is submitted to, and approved by, the President Judge, or the judge to whom the case is assigned.(e) Each party to a case selected for mini-jury trial shall pay a fee made payable to the County of Washington and submitted to the Office of the Court Administrator for processing. The mini-jury trial fee shall be set by administrative order, and information regarding the fee shall be available in the Office of the Court Administrator. The special master shall be compensated at a commensurable rate to their service, which shall be established by the Court Administrator and approved by the Court.(1)Application Process. Any lawyer possessing the qualifications set forth for Special Master, who desires to serve as a Special Master, may submit an application on the form which is available in the Office of the Court Administrator. The Committee on Alternate Dispute Resolution shall submit a list of qualified persons to the Court Administrator. The President Judge shall certify as many Special Masters as determined to be necessary for the program.(2)Withdrawal by Special Master. Any person whose name appears on the roster maintained by the Court Administrator may ask, at any time, to have his/her name removed or, if selected to serve, decline to serve but remain on the roster.(3)Disqualification. Persons selected to be Special Masters shall be disqualified for bias or prejudice and shall disqualify themselves in any action in which they would be required to disqualify themselves if they were a judge. Each person serving as a Special Master shall take the prescribed oath or affirmation.(f)Sanctions. If a party, or counsel, fails to comply with this rule, the Special Master may continue the mini-jury trial to another date as selected by the Court Administrator. If the mini- jury trial is continued, the Court may enter sanctions against the offending party or counsel, including the imposition of counsel fees, juror costs, and any other appropriate relief.Amended effective 1/1/2022