Abstract
The summary jury trial usually involves a summarized presentation of a civil case to an advisory jury to show the parties how a jury reacts to the evidence. The procedure is nonbinding. Summary jury trials, however, generally foster dispute settlement. Summary jury trials are used primarily with cases that resist other pretrial settlement methods and are sufficiently complex to require a lengthy full trial. The dynamics of the controversy, more than substantive legal issues, determine whether or not cases are suitable for summary jury trials. The decision to send a case to summary jury trial is normally made at the final pretrial conference, when plans are made for summary trial procedures. The summary trial format is similar to that of a traditional civil jury trial. The judge must ensure that presentations are fair. This involves ensuring that the jury is given an accurate sense of the weight of evidence. Jurors are encouraged to return a unanimous verdict and are given sample time to reach a consensus. Summary trial procedures can be flexible, tailored to user needs. Posttrial conferences between the judge and attorneys should continue up to the time of trial to foster pretrial settlement.
