New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.33 - Conduct of the voir dire

Current through Register Vol. 46, No. 28,
				  July 10, 2024
(a) Trial judge. All references to the
				  trial judge in this section shall include any judge designated by the
				  administrative judge in those instances where the case processing system or
				  other logistical considerations do not permit the trial judge to perform the
				  acts set forth in this section.
(b) Pre-voir dire settlement conference.
				  Where the court has directed that jury selection begin, the trial judge shall
				  meet prior to the actual commencement of jury selection with counsel who will
				  be conducting the voir dire and shall attempt to bring about a disposition of
				  the action.
(c) Method
				  of jury selection. The trial judge shall direct the method of jury selection
				  that shall be used for the voir dire from among the methods specified in
				  subdivision (f) of this section.
(d) Time limitations. The trial judge
				  shall establish time limitations for the questioning of prospective jurors
				  during the voir dire. At the discretion of the judge, the limits established
				  may consist of a general period for the completion of the questioning, a period
				  after which attorneys shall report back to the judge on the progress of the
				  voir dire, and/or specific time periods for the questioning of panels of jurors
				  or individual jurors.
(e) Presence of judge at the voir dire.
				  In order to ensure an efficient and dignified selection process, the trial
				  judge shall preside at the commencement of the voir dire and open the voir dire
				  proceeding. The trial judge shall determine whether supervision of the voir
				  dire should continue after the voir dire has commenced and, in his or her
				  discretion, preside over part of or all of the remainder of the voir
				  dire.
(f) Methods of
				  jury selection. Counsel shall select prospective jurors in accordance with the
				  general principles applicable to jury selection set forth in subdivision (g) of
				  this section and using the method designated by the judge pursuant to
				  subdivision (c) of this section. The methods that may be selected are:
(1) "White's method," as set
				  forth in subdivision (g) of this section;
(2) "struck method," as set forth in
				  subdivision (g) of this section;
(3) "strike and replace method," in
				  districts where the specifics of that method have been submitted to the Chief
				  Administrator by the Administrative Judge and approved by the Chief
				  Administrator for that district. The strike and replace method shall be
				  approved only in those districts where the Chief Administrator, in his or her
				  discretion, has determined that experience with the method in the district has
				  resulted in an efficient and orderly selection process; or
(4) other methods that may be
				  submitted to the Chief Administrator for use on an experimental basis by the
				  appropriate Administrative Judge and approved by the Chief
				  Administrator.