2021 Georgia Code
Title 15 - Courts
Chapter 12 - Juries
Article 5 - Trial Juries
Part 1 - In General
§ 15-12-134. Challenge of Juror in Civil Case for Desire or Expression of Opinion as to Which Party Should Prevail; Hearing

In all civil cases it shall be good cause of challenge that a juror has expressed an opinion as to which party ought to prevail or that he has a wish or desire as to which shall succeed. Upon challenge made by either party upon either of these grounds, it shall be the duty of the court to hear the competent evidence respecting the challenge as shall be submitted by either party, the juror being a competent witness. The court shall determine the challenge according to the opinion it entertains of the evidence adduced thereon.

(Penal Code 1895, § 855; Penal Code 1910, § 859; Code 1933, § 59-705; Ga. L. 1949, p. 1082, § 2; Ga. L. 1951, p. 214, § 2.)

- Incompetency of person to serve as juror in divorce case for having conscientious scruples as to granting of divorces, § 19-5-9.

- For article comparing sections of the Georgia Civil Practice Act ( § 9-11-1 et seq.) with preexisting provisions of the Georgia Code, see 3 Ga. St. B.J. 295 (1967). For article, "Practitioner's Note Jury Selection: Whose Job Is It, Anyway?," see 23 Ga. St. U.L. Rev. 617 (2007).

ANALYSIS

• General Consideration
• Grounds for Challenge

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Jury, § 248 et seq.

- 50A C.J.S., Juries, §§ 370, 390 et seq.

- Betting on result as disqualifying juror, 2 A.L.R. 813.

Relationship to prosecutor or witness for prosecution as disqualifying juror in criminal case, 18 A.L.R. 375.

Failure to understand or unwillingness to accept presumption of innocence or rule as to reasonable doubt as rendering juror incompetent, 40 A.L.R. 612.

Right to introduce extrinsic evidence in support of challenge to juror for cause, 65 A.L.R. 1056.

Challenge of proposed juror for implied bias or interest because of relationship to one who would be subject to challenge for that reason, 86 A.L.R. 118.

Prospective juror's connection with insurance company as ground of challenge for cause in action for personal injuries or damage to property, 103 A.L.R. 511.

Disqualification of judge who presided at trial or of juror as ground of habeas corpus, 124 A.L.R. 1079.

Statements or intimation by member of jury that defendant is covered by insurance or for other reason would not bear the real burden of an adverse verdict, 138 A.L.R. 464.

Competency of juror as affected by his participation in a case of similar character, but not involving the party making the objection, 160 A.L.R. 753.

Effect of, and remedies for, exclusion of eligible class of persons from jury list in civil case, 166 A.L.R. 1422.

Admissibility, in civil case, of juror's affidavit or testimony to show bias, prejudice, or disqualification of a juror not disclosed on voir dire examination, 48 A.L.R.2d 971.

Prejudicial effect, in civil case, of communications between witnesses and jurors, 52 A.L.R.2d 182.

Contact or communication between juror and party or counsel during trial of civil case as ground for mistrial, new trial, or reversal, 62 A.L.R.2d 298.

Juror's previous knowledge of facts of civil case as disqualification, 73 A.L.R.2d 1312.

Disclosure in criminal case of juror's political, racial, religious, or national origin prejudice against accused or witnesses as ground for new trial or reversal, 91 A.L.R.2d 1120.

Claustrophobia or other neurosis of juror as subject of inquiry on voir dire or of disqualification of juror, 20 A.L.R.3d 1420.

Jury: membership in racially biased or prejudiced organization as proper subject of voir dire inquiry or ground for challenge, 63 A.L.R.3d 1052.

Similarity of occupation between proposed juror and alleged victim of crime as affecting juror's competency, 71 A.L.R.3d 974.

Racial or ethnic prejudice of prospective jurors as proper subject of inquiry or ground of challenge on voir dire in state criminal case, 94 A.L.R.3d 15.

Religious belief, affiliation, or prejudice of prospective jurors as proper subject of inquiry or grounds for challenge on voir dire, 95 A.L.R.3d 172.

Communications between court officials or attendants and jurors in criminal trial as ground for mistrial or reversal - Post-Parker cases, 35 A.L.R.4th 890.

Professional or business relations between proposed juror and attorney as ground for challenge for cause, 52 A.L.R.4th 964.

Prospective juror's connection with insurance company as ground for challenge for cause, 9 A.L.R.5th 102.

Prejudicial effect, in civil case, of communications between court officials or attendants and jurors, 31 A.L.R.5th 572.