The time of year the case will be tried can have an impact on the trial itself.
The biggest risk is in the winter months. The average Tennessean is very nervous about driving in the snow and ice, and even the threat of snow and ice can keep people off the roads for all purposes other than the last trip to the grocery store for bread and milk. This is particularly true in rural areas, but is also true in urban areas. Likewise, the Tennessean who does not want to be on a jury will leap at the chance to blame the weather to not show up, knowing that chance of adverse repercussions from such an excuse is practically nil, particularly in a civil case.
So, if you are trying a case in the winter, keep an eye on weather forecast and plan accordingly. More alternate jurors than usual may be necessary because of anticipated weather. Have conversations with adverse counsel and the court about contingency plans should bad weather strike during trial. Perhaps court needs to recess early on a given day. Perhaps court should start late, or an entire day should be cancelled. Perhaps there should be a system in place for the court to call the jurors and advise them about any change in plans in the event driving conditions deteriorate overnight.
Road conditions are not the only factor to consider when planning for jury selection – so is illness. The fact of the matter is that the illness rate increases in winter and early spring and, all other things being equal, that fact should increase the number of alternates in a trial that is expected to last more than a few days.
So, plan ahead to avoid a mistrial because one or more jurors doesn’t show up for court. Encourage the judge to have an extra juror or two during the winter or during outbreaks of flu or other illness. In addition, you can ask adverse counsel to stipulate that if for whatever reason only 11 jurors are present at the end of the trial, a unanimous verdict of 11 will suffice to resolve the case. When he or she refuses, use the refusal as an additional argument for the need to have one or more additional alternates.