Defendants Motion Re Voir Dire In Sony V. Joel Tenenbaum
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Case 1:03-cv-11661-NG
Document 879
Filed 07/14/2009
Page 1 of 3
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS _____________________________________ ) ) ) Plaintiffs ) Civ. Act. No. ) 03-CV-11661-NG v. ) (LEAD DOCKET NUMBER) ) NOOR ALAUJAN, ) ) Defendant. ) _____________________________________) CAPITOL RECORDS, INC., et al.,
_____________________________________ ) SONY BMG MUSIC ENTERTAINMENT, et al., ) ) Plaintiffs, ) Civ. Act. No. ) 07-CV-11446-NG v. ) (ORIGINAL DOCKET NUMBER) ) JOEL TENENBAUM, ) ) Defendant. ) _____________________________________ ) DEFENDANT’S MOTION FOR LAWYER-CONDUCTED VOIR DIRE Now comes the Defendant, Joel Tenenbaum, and moves this Court permit lawyer-conducted voir dire in the jury selection process. As grounds therefore, the Defendant says: 1.
The Court has discretion to permit lawyer-conducted
pursuant to Fed. R. Civ. Pro. 47(a).
Case 1:03-cv-11661-NG
Document 879
Filed 07/14/2009
Page 2 of 3
2 2.
The parties to a case are in the best position to
determine what jurors may be subject to a challenge for cause, based on their knowledge of the case. 3.
Because jurors are concerned with giving judges the
“right" answer, they feel more comfortable answering questions put to them by counsel, than those put to them by judges. 4.
An examination of the prospective jurors by counsel
will enable counsel to frame questions based on responses to prior questions and to observe the jurors' reactions to these questions. Through such questions, answers and observations, counsel will be better able to determine whether actual bias exists in the minds of the prospective jurors and exercise both challenges for cause and peremptory challenges in a rational and informed fashion. 5.
The Defendant is denied the right to an impartial jury
where a juror removable for cause is allowed to serve on the jury.
WHEREFORE, to more intelligently exercise his peremptory challenges, as well as to better develop any challenges for cause, the Defendant prays his motion be allowed.
Case 1:03-cv-11661-NG
Document 879
Filed 07/14/2009
Page 3 of 3
3 Date: July 14, 2009
/s/ Matthew A. Kamholtz Charles Nesson 1575 Massachusetts Ave. Cambridge, MA 02138 (617) 495-8351 Matthew H. Feinberg BBO #161380 Matthew A. Kamholtz BBO #257290 FEINBERG & KAMHOLTZ 125 Summer St. Boston, MA 02110 CERTIFICATE OF SERVICE
I, Matthew A. Kamholtz, hereby affirm that the within document was this day filed through the ECF system and will be sent electronically to the registered participants as identified in the Notice of Electronic filing, and that paper copies will be sent to those indicated as non-registered participants.
Date: July 14, 2009
/s/ Matthew A. Kamholtz Matthew A. Kamholtz
Document 879
Filed 07/14/2009
Page 1 of 3
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS _____________________________________ ) ) ) Plaintiffs ) Civ. Act. No. ) 03-CV-11661-NG v. ) (LEAD DOCKET NUMBER) ) NOOR ALAUJAN, ) ) Defendant. ) _____________________________________) CAPITOL RECORDS, INC., et al.,
_____________________________________ ) SONY BMG MUSIC ENTERTAINMENT, et al., ) ) Plaintiffs, ) Civ. Act. No. ) 07-CV-11446-NG v. ) (ORIGINAL DOCKET NUMBER) ) JOEL TENENBAUM, ) ) Defendant. ) _____________________________________ ) DEFENDANT’S MOTION FOR LAWYER-CONDUCTED VOIR DIRE Now comes the Defendant, Joel Tenenbaum, and moves this Court permit lawyer-conducted voir dire in the jury selection process. As grounds therefore, the Defendant says: 1.
The Court has discretion to permit lawyer-conducted
pursuant to Fed. R. Civ. Pro. 47(a).
Case 1:03-cv-11661-NG
Document 879
Filed 07/14/2009
Page 2 of 3
2 2.
The parties to a case are in the best position to
determine what jurors may be subject to a challenge for cause, based on their knowledge of the case. 3.
Because jurors are concerned with giving judges the
“right" answer, they feel more comfortable answering questions put to them by counsel, than those put to them by judges. 4.
An examination of the prospective jurors by counsel
will enable counsel to frame questions based on responses to prior questions and to observe the jurors' reactions to these questions. Through such questions, answers and observations, counsel will be better able to determine whether actual bias exists in the minds of the prospective jurors and exercise both challenges for cause and peremptory challenges in a rational and informed fashion. 5.
The Defendant is denied the right to an impartial jury
where a juror removable for cause is allowed to serve on the jury.
WHEREFORE, to more intelligently exercise his peremptory challenges, as well as to better develop any challenges for cause, the Defendant prays his motion be allowed.
Case 1:03-cv-11661-NG
Document 879
Filed 07/14/2009
Page 3 of 3
3 Date: July 14, 2009
/s/ Matthew A. Kamholtz Charles Nesson 1575 Massachusetts Ave. Cambridge, MA 02138 (617) 495-8351 Matthew H. Feinberg BBO #161380 Matthew A. Kamholtz BBO #257290 FEINBERG & KAMHOLTZ 125 Summer St. Boston, MA 02110 CERTIFICATE OF SERVICE
I, Matthew A. Kamholtz, hereby affirm that the within document was this day filed through the ECF system and will be sent electronically to the registered participants as identified in the Notice of Electronic filing, and that paper copies will be sent to those indicated as non-registered participants.
Date: July 14, 2009
/s/ Matthew A. Kamholtz Matthew A. Kamholtz
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