Page:United States Statutes at Large Volume 76A.djvu/405

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-309a creditor of the bank for the purpose of this paragraph solely by reason of his being a depositor; (4) having served as a juror in a civil action or been a witness on a previous trial between the same parties, for the same cause of action; or having been summoned and attended the district court as a petit juror at any term held within one year prior to the challenge; (5) interest on the part of the juror in the event of the action, or in the main question involved in the action; (6) having an unqualified opinion or belief as to the merits of the action founded upon knowledge of its material facts or of some of them; (7) the existence of a state of mind evincing enmity against or bias to either party; or (8) that he is a party to an action pending in the court for which he is drawn and which action is set for trial before the panel of which he is a member. § 454. Jury to be sworn As soon as the jury is completed, an oath shall be administered to the jurors, in sutetance, that they and each of them will well and truly try the matter in issue between , plaintiff, and , defendant, and a true verdict render according to the evidence. Subchapter II—Conduct of Trial § 471. Order of proceedings on trial When the jury have been sworn, the proceedings shall be as follows, unless the judge, for special reasons, otherwise directs; (1) the plaintiff, after stating the issue and his case, shall produce the evidence on his part; (2) the defendant may then open his defense, and offer his evidence in support thereot; (3) the parties may then respectively offer rebutting evidence only, unless the court, for good reason, in furtherance of justice, permits them to offer evidence upon their original case; (4) when the evidence is concluded, unless the case is submitted to the jury on either side or on both sides without argument, the plaintiff shall commence and may conclude the argument; (5) if several defendants, having separate defenses, appear by different counsel, the court shall determine their relative order in the presentation of evidence and argument; and (6) the court may then charge the jury. § 472. View by jury 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 in which a material fact occurred, it may order them to be conducted, in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court for that purpose. While the jury are thus absent, no person, other than the person so appointed, may speak to them on any subject connected with the trial. § 473. Instructions to jury In charging the jury the court may state to them all matters of law which it thinks necessary for their information in giving their verdict; and, if it states the testimony of the case, it shall inform the jury that they are the exclusive judges of all questions of fact. The court shall furnish to either party, at the time, upon request, a statement