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Jury trial

A jury trial is a court proceeding where a group of citizens decides the facts and returns a verdict after hearing evidence and argument. In Civil Procedure, it matters for trial rights, verdict review, and motions for a new trial.

Last updated July 2026•Fiveable Content Team

What is jury trial?

A jury trial in Civil Procedure is a trial where jurors, not just a judge, decide which facts are proven and then reach a verdict. The judge still controls the law, but the jury decides what happened based on testimony, exhibits, and credibility.

In federal practice, juries are usually made up of 6 to 12 people. They listen to opening statements, evidence, witness questioning, and closing arguments, then deliberate in private. Their job is not to research the dispute or guess the outcome, but to apply the judge’s instructions to the facts they find.

That split between judge and jury is the big civil-procedure idea. The judge rules on evidence, procedure, and legal questions. The jury answers fact questions, such as whether a party breached a duty, caused harm, or acted with the required state of mind when those facts matter to the claim or defense.

Jury trials show up differently in criminal and civil cases. In criminal cases, the jury trial right is constitutional and well known. In civil cases, the right depends on the claim and the jurisdiction, but when a jury is available, the verdict can become the target of later challenges. That is where motions for a new trial come in, especially if a party argues that juror misconduct, a serious judge error, or newly discovered evidence affected the result.

A common misunderstanding is that a jury trial means the jury does everything. It does not. The judge still sets the legal framework, and the jury only decides within that framework. Another mistake is treating a verdict as untouchable. Civil procedure gives parties ways to challenge a verdict when the process went off track, which is why jury trial and new-trial doctrine are often taught together.

Why jury trial matters in Civil Procedure

Jury trial matters because it sits right at the point where procedure turns into outcome. Civil Procedure is not just about filing papers and meeting deadlines, it is also about who decides the case and how much room there is to challenge that decision later.

If you understand jury trial, you can track the whole path of a case more clearly. First comes the trial structure, then the verdict, then possible post-trial motions. That sequence shows up constantly in classes and casebooks because the fairness of the verdict often depends on what happened during trial, not just on the final result.

It also gives you a clean way to separate facts from law. That distinction shows up in issues like jury instructions, motions for judgment, and motions for a new trial. If a party argues the jury got the facts wrong, the court usually treats that differently from a claim that the judge made an error of law.

This term also helps explain why courts care so much about juror behavior and trial errors. If a juror talks about the case outside deliberations, ignores instructions, or if the judge makes a serious evidentiary mistake, the verdict may be vulnerable. That is exactly the kind of problem Civil Procedure asks you to spot and analyze.

Keep studying Civil Procedure Unit 9

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How jury trial connects across the course

verdict

A verdict is the jury’s decision at the end of the trial, so jury trial is the process that produces it. When you read a case or problem, the verdict tells you what the jury found, while the jury trial explains how that finding came about. It also matters for post-trial motions, because parties usually attack the verdict, not the whole trial, when they seek a new trial.

mistrial

A mistrial happens when the trial cannot produce a valid verdict, often because something went wrong that cannot be fixed within the same proceeding. That makes it different from an ordinary jury trial that ends with deliberation and a verdict. In Civil Procedure, the difference matters because a mistrial may lead to starting over, while a flawed verdict may lead to a motion for a new trial instead.

bench trial

A bench trial is the main contrast to a jury trial, because the judge decides both facts and law instead of sending fact issues to jurors. This comparison helps you see what the jury is actually doing in a jury trial. If a question asks who finds facts, who hears evidence, or who renders the decision, bench trial is usually the right comparison point.

misconduct by jurors

Misconduct by jurors is one of the biggest reasons a party may challenge a jury trial after the verdict. It includes behavior that suggests the jury did not follow the court’s instructions or did not decide the case fairly. In a Civil Procedure problem, spotting misconduct helps you connect the original trial to a possible motion for a new trial.

Is jury trial on the Civil Procedure exam?

A problem set or case analysis will usually ask you to identify whether the dispute was tried to a jury, what the jury decided, and whether a later challenge to the verdict makes sense. You may need to separate the judge’s role from the jury’s role, then explain whether the issue is a factual disagreement, an error of law, or juror misconduct. In a new-trial question, jury trial is the starting point for figuring out what went wrong and what remedy is available. If the facts describe confusing testimony, a bad instruction, or a juror who ignored the rules, you should connect those facts to verdict integrity and possible post-trial relief.

Jury trial vs bench trial

These are often confused because both are ways to resolve a case at trial, but they divide decision-making differently. In a bench trial, the judge finds the facts and applies the law. In a jury trial, the jury finds the facts and the judge handles the law, so the path to a verdict and the way you challenge it later are not the same.

Key things to remember about jury trial

  • A jury trial is the trial format where citizens serve as the fact-finders and return a verdict after hearing the evidence.

  • The judge still runs the courtroom, rules on legal issues, and instructs the jury on the law.

  • In Civil Procedure, jury trial matters because it affects how verdicts are reached and how they can be attacked after trial.

  • Problems like juror misconduct, bad instructions, or serious trial errors can support a motion for a new trial.

  • A good way to read a jury-trial question is to ask who decided the facts, what the verdict was, and whether the process stayed fair.

Frequently asked questions about jury trial

What is jury trial in Civil Procedure?

A jury trial is a trial in which jurors hear the evidence, decide the facts, and return a verdict. In Civil Procedure, it matters because the judge and jury split responsibilities, which affects trial strategy, verdict review, and later motions.

How is a jury trial different from a bench trial?

The biggest difference is who decides the facts. In a jury trial, jurors make the factual findings, while in a bench trial the judge does. That difference changes how the evidence is presented and what kind of error might justify post-trial relief.

Can a jury trial verdict be challenged?

Yes. A party can sometimes challenge the verdict through a motion for a new trial if there was juror misconduct, an error of law, or another serious problem that may have affected the result. The court looks at whether the error changed the fairness of the trial, not just whether one side dislikes the outcome.

Is a jury trial always available in civil cases?

Not always. Civil jury rights depend on the type of claim and the jurisdiction. In Civil Procedure, that is why you have to check whether the case is one where jurors can decide the facts, or whether the dispute will be heard by a judge alone.