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Motion
ryan977ftw2
Filing username: ryan977ftw2
SUPERIOR COURT OF RIDGEWAY
COUNTY OF RIDGEWAY
COUNTY OF RIDGEWAY
Plaintiff, Case No. RSC-CV-2541
vs.
Defendant. Motion
Relief Requested
Plaintiff respectfully moves this Honorable Court, pursuant to Rid. R. Civ. P.
27.1(6), to order that the disputed factual issues in this civil action be heard by an
advisory jury consisting of six qualified jurors.
Plaintiff requests that the advisory jury hear testimony, examine properly admitted
evidence, and render advisory findings concerning Defendant’s alleged unlawful use of
deadly force.
Plaintiff acknowledges that the advisory jury’s findings shall be nonbinding and that the
Court shall retain final authority to determine the outcome of this action.
Grounds and Governing Law
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Motion
This Motion is brought pursuant to Rid. R. Civ. P. 27.1(6), which authorizes the
Court, in its discretion, to appoint an advisory jury to hear issues not otherwise triable of
right by a jury.
Plaintiff further relies upon Rid. R. Civ. P. 7.1, governing motion practice, and the
applicable provisions of Ridgeway law concerning wrongful death, civil assault, and civil
battery.
Plaintiff submits that the Court possesses discretionary authority to appoint an advisory
jury to assist in evaluating disputed factual issues central to the resolution of this civil
action.
Conferral and Party Positions
Pursuant to Rid. R. Civ. P. 7.1(2), Plaintiff provides the following statement
regarding conferral:
Plaintiff’s position is that an advisory jury would assist the Court in evaluating the
disputed facts surrounding Defendant’s alleged use of deadly force.
[State whether Plaintiff contacted Defendant or Defendant’s counsel, when the
communication occurred, and whether Defendant supports, opposes, or has not
expressed a position on this Motion.]
Plaintiff respectfully requests that the Court consider this Motion in accordance with the
applicable procedural rules.
Supporting Facts
1. Plaintiff commenced this civil action alleging wrongful death, civil battery,
and civil assault arising from Defendant’s alleged unlawful use of deadly
force.
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Motion
2. At the time of the incident, Defendant was allegedly serving as a member
of the Ridgeway National Guard (“RNG”).
3. Plaintiff alleges that Defendant discharged a firearm at Plaintiff, resulting in
Plaintiff’s death.
4. Plaintiff disputes the existence of lawful justification for Defendant’s use of
deadly force.
5. 5. Plaintiff has identified video evidence of the incident, designated as
Exhibit A, accessible at https://youtu.be/01k9uiKF3NY.
6. The circumstances surrounding the incident present factual questions
concerning the actions of both parties and whether Defendant’s use of
deadly force was legally justified.
Argument
I. THE COURT HAS DISCRETIONARY AUTHORITY TO APPOINT AN ADVISORY
JURY
Under Rid. R. Civ. P. 27.1(6), the Court may appoint an advisory jury to assist in
determining factual issues in a civil proceeding.
Plaintiff respectfully submits that exercising such discretion is appropriate because the
present action involves disputed circumstances surrounding an alleged wrongful death
caused by a member of the Ridgeway National Guard.
II. AN ADVISORY JURY WOULD ASSIST IN RESOLVING MATERIAL FACTUAL
DISPUTES
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Motion
The principal issues in this action include whether Plaintiff presented an imminent
threat, whether Defendant’s use of deadly force was justified, and whether Defendant’s
conduct caused the injuries alleged.
These determinations require careful evaluation of the surrounding circumstances,
available video evidence, and any relevant testimony.
An advisory jury would provide an additional assessment of the evidence and assist the
Court in evaluating these disputed factual issues.
III. APPOINTMENT OF AN ADVISORY JURY WOULD PROMOTE FAIRNESS AND
THOROUGH FACT-FINDING
The participation of an advisory jury would permit the disputed factual issues to
receive consideration from multiple impartial fact-finders.
Plaintiff acknowledges that any advisory findings would not bind the Court. Rather, the
jury would serve an advisory function, with the Court retaining ultimate responsibility for
findings of fact, conclusions of law, and final judgment.
Accordingly, Plaintiff submits that appointment of an advisory jury would be an
appropriate exercise of the Court’s discretion under Rid. R. Civ. P. 27.1(6).
Conclusion
WHEREFORE, Plaintiff respectfully requests that this Honorable Court:
1. GRANT Plaintiff’s Motion for Advisory Jury pursuant to Rid. R. Civ. P.
27.1(6);
2. ORDER that an advisory jury consisting of six qualified jurors be appointed
to hear the disputed factual issues in this action;
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Motion
3. PERMIT the advisory jury to consider relevant testimony and properly
admitted evidence, including Plaintiff’s Exhibit A;
4. DIRECT that the advisory jury render nonbinding findings for the Court’s
consideration; and
5. GRANT such other and further relief as this Honorable Court deems just
and proper.
