Title 25, Title 25

(1) (a) At any time more than 60 days after service of the complaint and more than 30 days before a trial in district court begins, a party may serve upon the adverse party a written offer to settle a claim for the money or property or to the effect specified in the offer. (b) At…

The procedure in this part for selecting a jury must be pursued as often as an issue is brought to trial by a jury.

When an issue of fact to be tried by a jury is brought to trial, the district judge or jury commissioner in the presence of two witnesses must openly draw out of the trial juror box as many of the ballots with the names of jurors thereon, one after another, as are sufficient to f…

If an issue is brought to trial by a jury while a jury is impaneled in another cause and not then discharged, the court may order a jury for the trial of that issue to be drawn out of the box containing the ballots then undrawn; but in any other case the ballots with the names of…

Before the first ballot shall have been drawn, the box must be closed and well shaken so as to thoroughly mix the ballots therein. The district judge or the jury commissioner must draw at random a ballot with the juror's name thereon. Upon stipulation of counsel, the court may or…

The first 12 persons, or such other number as will constitute the jury, who appear, as their names are drawn and called, and are approved as indifferent between the parties and not discharged or excused must be sworn and constitute the jury to try the issue.

(1) If a sufficient number of jurors drawn and notified do not attend to form a jury, the judge or the jury commissioner, pursuant to an order of the court to be entered in the minutes, shall, in the presence of two witnesses, draw a sufficient number of ballots from the box to c…

As soon as the jury is completed, an oath must be administered to the jurors, in substance, that they and each of them will well and truly try the matter in issue between ...., the plaintiff, and ...., the defendant, and render a true verdict according to the evidence.

The ballots with the names of the jurors so sworn must be then deposited in another box and there kept apart from the other ballots with the names of jurors until that jury is discharged. After the jury is discharged, the ballots with the names of the jurors thereon must be retur…

The ballot with the name of a juror who is absent when the juror's name is drawn or called or is set aside or excused from serving on that trial must be again returned to the box containing the undrawn ballots as soon as the jury is sworn.

(1) Each party may challenge the jury or jurors as follows: (a) the panel or array; (b) for cause; (c) peremptory. (2) Challenges to individual jurors are for cause or peremptory.

(1) A challenge to the array or panel may be made and the whole array or panel set aside by the court when the jury was not selected, drawn, summoned, or notified as prescribed by law. It is not a valid objection to a jury that it contains none of the jurors originally returned t…

Challenges for cause may be taken on one or more of the following grounds: (1) a want of any of the qualifications prescribed by this code to render a person competent as a juror; (2) being the spouse of or related to a party by consanguinity or affinity within the sixth degree; …

(1) Each party is entitled to four peremptory challenges, except as provided for under subsection (2). (2) When a six-person jury is authorized by law, each side shall have two peremptory challenges. When the parties agree upon a jury consisting of a number of persons other than …

When the jury has been sworn, the trial must proceed in the following order unless the court, for good cause and special reason, otherwise directs: (1) The party who has the burden of proof may briefly state the party's case and the evidence by which the party expects to sustain …

Where, upon the trial of an issue by a jury, the case presents only questions of law, the judge may direct the jury to render a verdict in favor of the party entitled thereto.

While the jury is absent, the court may adjourn from time to time in respect to other business, but it is nevertheless open for every purpose connected with the case submitted to the jury until a verdict is rendered or the jury discharged. The court may direct the jury to bring i…

If, after the impaneling of the jury and before verdict, a juror becomes sick and is unable to perform the juror's duty, the court may order the juror to be discharged. In that case, subject to the provisions of Rule 47(c), M.R.Civ.P., the trial may proceed with the other jurors …

In all cases where the jury is discharged or prevented from giving a verdict by reason of accident or other cause during the progress of the trial or after the case is submitted to it, the action may be again tried immediately or at a future time, as the court may direct.

When, in the opinion of the court, it is proper for the jury to have a view of the property which is the subject of litigation or of the place at which any material fact occurred, it may order the jurors to be conducted in a body, under the charge of an officer and one person rep…

If the jurors are permitted to separate, either during the trial or after the case is submitted to them, they shall be admonished by the court that it is their duty not to converse with or suffer themselves to be addressed by any other person on any subject of the trial and that …

When the case is finally submitted to the jury, it may decide in court or retire for deliberation. If the jurors retire, they must be kept together in some convenient place, under charge of an officer, until at least two-thirds of them agree upon a verdict or are discharged by th…

Upon retiring for deliberation, the jurors may take with them all papers which have been received as evidence in the cause except depositions or copies of such papers as ought not, in the opinion of the court, to be taken from the person having them in possession. They may also t…

After the jury has retired for deliberation, if there be a disagreement among the jurors as to any part of the testimony or if they desire to be informed of any point of law arising in the cause, they may require the officer to conduct them into court. Upon their being brought in…

(1) When the jurors or two-thirds of them have agreed upon a verdict, they must be conducted into court, their names must be called by the clerk, and the verdict must be rendered by the lead juror. The verdict must be in writing and signed by the lead juror and must be read by th…

When a verdict is found for the plaintiff in an action for the recovery of money or for the defendant when a counterclaim for the recovery of money is established exceeding the amount of the plaintiff's claim as established, the jury must also find the amount of the recovery.

In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff or if the defendant, by the defendant's answer, claims a return of the property, the jury, if the verdict is in favor of the plaintiff or if the verdict is in favo…

The findings of fact may be waived by the several parties to an issue of fact by: (1) failing to appear at the trial; (2) consent in writing filed with the clerk; (3) oral consent in open court entered in the minutes.

When any cause is tried and submitted upon a written statement of facts agreed to by the parties or their attorneys, such statement shall have the effect of a special verdict or finding of facts and judgment shall be pronounced thereon as upon a special verdict or finding of fact…

Each referee, before acting, shall take and subscribe an oath or affirmation before some authorized officer, which must be filed with the clerk of the court that appointed the referee, that the referee will honestly, impartially, and faithfully perform the duties of referee in th…

Either party may object to the appointment of any person as referee on the same grounds that the party might object to the person as a trial juror, as provided in 25-7-223.

The objections taken to the appointment of any person as referee must be heard and disposed of by the court. Affidavits may be read and witnesses examined as to such objections.