Which CPLR provision states that a judge shall be present during jury selection if requested?

Which CPLR provision states that a judge shall be present during jury selection if requested?

• A. CPLR 4107
• B. CPLR 4106
• C. CPLR 3403
• D. CPLR 3401

Answer: (A)

The key point is that the judge’s presence during jury selection can be required by the rules, ensuring voir dire is conducted with judicial oversight. CPLR 4107 specifically provides that if any party requests it, the judge must be present during the jury selection process. This ensures immediate rulings on questions, challenges for cause, and the scope of juror questioning, which helps keep the selection fair and efficient and avoids delays or procedural disputes. The other provisions cover different aspects of jury trials or trial procedures and do not establish this specific duty for the judge to be present during voir dire on request. So CPLR 4107 is the provision that directly addresses the judge’s presence during jury selection when requested.

The key point is that the judge’s presence during jury selection can be required by the rules, ensuring voir dire is conducted with judicial oversight. CPLR 4107 specifically provides that if any party requests it, the judge must be present during the jury selection process. This ensures immediate rulings on questions, challenges for cause, and the scope of juror questioning, which helps keep the selection fair and efficient and avoids delays or procedural disputes.

The other provisions cover different aspects of jury trials or trial procedures and do not establish this specific duty for the judge to be present during voir dire on request. So CPLR 4107 is the provision that directly addresses the judge’s presence during jury selection when requested.