TRIAL BY JURY IN A PARISH COURT

Should you have any matter in the parish courts touching and concerning allegation of fraud, or any claim with respect to slander, libel, false imprisonment, malicious prosecution, seduction or breach of promise of marriage, you may have it tried by a jury instead of a judge alone. Trial by jury in the matters above is permitted under Section 176 of the Parish Court Act [herein after called ‘the Act’]. The Act requires that the judge must be satisfied that the actions mentioned above are an issue, and thereafter the judge may order that there be a trial by jury, unless the said judge is of the opinion that at the trial there might be prolong examination of the documents or accounts, scientific or local investigation, which for the purpose of convenience, could not be done with a jury. The plaintiff must make an application for jury trial at the time of filing the plaint or by the defendant within four days of the return day. However, the parish judge has discretion to allow any of the parties to make an application for jury trial at any later time during the hearing of the matter. For jury trial of any issue in any civil proceedings in the parish court, the jurors are taken from the jury list. The jury shall consist of five persons. However, to commence the process, the clerk of courts shall take ballots of the name of 14 jurors to attend the court on the day fixed for the trial. On the day of trial, five jurors shall be selected from the 14 jurors present. Each party shall have the right to three peremptorily chal- lenge, that is to say, challenge the jurors without giving any reason or show cause, while at the same time reserving the right to challenge any juror for good cause shown.

If, due to challenges or non-attendance, the number of jurors fall below five, the bailiff shall select talesmen from bystanders or other persons attending the court, but they would also be subject to challenges for good cause shown. Every talesman selected and who refuses to be sworn shall pay a fine.

After the usual consideration by the jury, the verdict shall be that of the majority of the jury.

The option to have these matters tried by jury is available due to the fact that, in some matters, there are strong views among legal scholars and parliamentarians alike that the collective decision of persons who are regarded as your peers, taken from your own community, is likely to give a fair and balance verdict on the facts of the case than a single judge sitting alone.