Alternative Dispute Resolution
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Community Attitude Survey
Focus Group Research
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Opening & Closing
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Community Attitude Survey or Change of Venue Survey (cont'd)
Purpose.
To gain insight into the prevailing attitudes toward the parties and case issues among jury-eligible residents of the trial venue. Community attitude surveys are usually conducted to provide information which will be useful in jury selection. They are performed even more frequently in anticipation and support of a motion for a change of venue.

Timing.
When in anticipation of a motion for change of venue, a community attitude survey should be performed during discovery and motion practice. When performed to assist counsel in jury selection, a community attitude survey is usually conducted within several weeks of trial in order to measure public opinion resulting from any significant pre-trial publicity.

Research Design.
Jury-eligible individuals in the trial venue are randomly selected and interviewed, usually by telephone. The interview protocol uses a series of open-ended and closed-ended questions designed to elicit candid expressions of belief and attitude toward the parties and case issues. Survey responses are then coded and subjected to statistical analysis to evaluate the extent and strength of case-related community attitudes. When a change of venue is at issue, a two-venue study is recommended so that the attitudes in two venues can be compared to demonstrate a remedy for bias in the trial venue.

Work Product.
When performed to assist in jury selection, results are reported in the form of a written report to counsel. The report contains a jury selection profile along with suggested voir dire topic areas. When performed in connection with a change of venue motion, results are usually reported in the form of an affidavit in support of the motion for change of venue.

Assistance Required from Attorneys.
Counsel is asked to provide Tsongas with case materials, press and media files and materials related to case issues and public opinion. Counsel is also asked to review the survey to assure the inclusion of key issues.

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