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Rule 18. Selection of the jury.

(a) The judge shall determine the method of selecting thejury and notify the parties at a pretrial conference or otherwise prior totrial. The following procedures for selection are not exclusive.

(a)(1) Strike and replace method. The court shall summon thenumber of the jurors that are to try the cause plus such an additional numberas will allow for any alternates, for all peremptory challenges permitted, andfor all challenges for cause granted. At the direction of the judge, the clerkshall call jurors in random order. The judge may hear and determine challengesfor cause during the course of questioning or at the end thereof. The judge mayand, at the request of any party, shall hear and determine challenges for causeoutside the hearing of the jurors. After each challenge for cause sustained,another juror shall be called to fill the vacancy, and any such new juror maybe challenged for cause. When the challenges for cause are completed, the clerkshall provide a list of the jurors remaining, and each side, beginning with theprosecution, shall indicate thereon its peremptory challenge to one juror at atime in regular turn, as the court may direct, until all peremptory challengesare exhausted or waived. The clerk shall then call the remaining jurors, or somany of them as shall be necessary to constitute the jury, including anyalternate jurors, and the persons whose names are so called shall constitutethe jury. If alternate jurors have been selected, the last jurors called shallbe the alternates, unless otherwise ordered by the court prior to voir dire.

(a)(2) Struck method. The court shall summon the number ofjurors that are to try the cause plus such an additional number as will allowfor any alternates, for all peremptory challenges permitted and for allchallenges for cause granted. At the direction of the judge, the clerk shallcall jurors in random order. The judge may hear and determine challenges forcause during the course of questioning or at the end thereof. The judge mayand, at the request of any party, shall hear and determine challenges for causeoutside the hearing of the jurors. When the challenges for cause are completed,the clerk shall provide a list of the jurors remaining, and each side,beginning with the prosecution, shall indicate thereon its peremptory challengeto one juror at a time in regular turn until all peremptory challenges areexhausted or waived. The clerk shall then call the remaining jurors, or so manyof them as shall be necessary to constitute the jury, including any alternatejurors, and the persons whose names are so called shall constitute the jury. Ifalternate jurors have been selected, the last jurors called shall be thealternates, unless otherwise ordered by the court prior to voir dire.

(a)(3) In courts using lists of prospective jurors generatedin random order by computer, the clerk may call the jurors in that randomorder.

(b) The court may permit counsel or the defendant to conductthe examination of the prospective jurors or may itself conduct theexamination. In the latter event, the court may permit counsel or the defendantto supplement the examination by such further inquiry as it deems proper, ormay itself submit to the prospective jurors additional questions requested bycounsel or the defendant. Prior to examining the jurors, the court may make apreliminary statement of the case. The court

may permit the parties or their attorneys to make apreliminary statement of the case, and notify the parties in advance of trial.

(c) A challenge may be made to the panel or to an individualjuror.

(c)(1) The panel is a list of jurors called to serve at aparticular court or for the trial of a particular action. A challenge to thepanel is an objection made to all jurors summoned and may be taken by eitherparty.

(c)(1)(i) A challenge to the panel can be founded only on amaterial departure from the procedure prescribed with respect to the selection,drawing, summoning and return of the panel.

(c)(1)(ii) The challenge to the panel shall be taken beforethe jury is sworn and shall be in writing or made upon the record. It shallspecifically set forth the facts constituting the grounds of the challenge.

(c)(1)(iii) If a challenge to the panel is opposed by theadverse party, a hearing may be had to try any question of fact upon which thechallenge is based. The jurors challenged, and any other persons, may be calledas witnesses at the hearing thereon.

(c)(1)(iv) The court shall decide the challenge. If thechallenge to the panel is allowed, the court shall discharge the jury so far asthe trial in question is concerned. If a challenge is denied, the court shalldirect the selection of jurors to proceed.

(c)(2) A challenge to an individual juror may be eitherperemptory or for cause. A challenge to an individual juror may be made onlybefore the jury is sworn to try the action, except the court may, for goodcause, permit it to be made after the juror is sworn but before any of theevidence is presented. In challenges for cause the rules relating to challengesto a panel and hearings thereon shall apply. All challenges for cause shall betaken first by the prosecution and then by the defense.

(d) A peremptory challenge is an objection to a juror forwhich no reason need be given. In capital cases, each side is entitled to 10peremptory challenges. In other felony cases each side is entitled to fourperemptory challenges. In misdemeanor cases, each side is entitled to threeperemptory challenges. If there is more than one defendant the court may allowthe defendants additional peremptory challenges and permit them to be exercisedseparately or jointly.

(e) A challenge for cause is an objection to a particularjuror and shall be heard and determined by the court. The juror challenged andany other person may be examined as a witness on the hearing of such challenge.A challenge for cause may be taken on one or more of the following grounds. Onits own motion the court may remove a juror upon the same grounds.

(e)(1) Want of any of the qualifications prescribed by law.

(e)(2) Any mental or physical infirmity which renders oneincapable of performing the duties of a juror.

(e)(3) Consanguinity or affinity within the fourth degree tothe person alleged to be injured by the offense charged, or on whose complaintthe prosecution was instituted.

(e)(4) The existence of any social, legal, business,fiduciary or other relationship between the prospective juror and any party,witness or person alleged to have been victimized or injured by the defendant,which relationship when viewed objectively, would suggest to reasonable mindsthat the prospective juror would be unable or unwilling to return a verdictwhich would be free of favoritism. A prospective juror shall not be disqualifiedsolely because the juror is indebted to or employed by the state or a politicalsubdivision thereof.

(e)(5) Having been or being the party adverse to thedefendant in a civil action, or having complained against or having beenaccused by the defendant in a criminal prosecution.

(e)(6) Having served on the grand jury which found theindictment.

(e)(7) Having served on a trial jury which has tried anotherperson for the particular offense charged.

(e)(8) Having been one of a jury formally sworn to try thesame charge, and whose verdict was set aside, or which was discharged without averdict after the case was submitted to it.

(e)(9) Having served as a juror in a civil action broughtagainst the defendant for the act charged as an offense.

(e)(10) If the offense charged is punishable with death, thejuror?s views on capital punishment would prevent or substantially impair theperformance of the juror?s duties as a juror in accordance with theinstructions of the court and the juror?s oath in subsection (h).

(e)(11) Because the juror is or, within one year preceding,has been engaged or interested in carrying on any business, calling oremployment, the carrying on of which is a violation of law, where defendant ischarged with a like offense.

(e)(12) Because the juror has been a witness, either for oragainst the defendant on the preliminary examination or before the grand jury.

(e)(13) Having formed or expressed an unqualified opinion orbelief as to whether the defendant is guilty or not guilty of the offensecharged.

(e)(14) Conduct, responses, state of mind or othercircumstances that reasonably lead the court to conclude the juror is notlikely to act impartially. No person may serve as a juror, if challenged,unless the judge is convinced the juror can and will act impartially andfairly.

(f) Peremptory challenges shall be taken first by theprosecution and then by the defense alternately. Challenges for cause shall becompleted before peremptory challenges are taken.

(g) The court may impanel alternate jurors to replace anyjurors who are unable to perform or who are disqualified from performing theirduties.? Alternate jurors must have thesame qualifications and be selected and sworn in the same manner as any other juror.? The prosecution and defense shall each haveone additional peremptory challenge for each alternate juror to be chosen.Alternate jurors replace jurors in the same sequence in which the alternateswere selected. An alternate juror who replaces a juror has the same authorityas the other jurors.? The court mayretain alternate jurors after the jury retires to deliberate. The court mustensure that a retained alternate does not discuss the case with anyone until thatalternate replaces a juror or is discharged. If an alternate replaces a jurorafter deliberations have begun, the court must instruct the jury to begin itsdeliberations anew.

(h) When the jury is selected an oath shall be administeredto the jurors, in substance, that they and each of them will well and truly trythe matter in issue between the parties, and render a true verdict according tothe evidence and the instructions of the court.

 

AdvisoryCommittee Notes

 

Effective May 1, 2017