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Rule 18. Selection ofthe jury.

 

(a) Method ofselection. The judge shall determine the method of selecting the juryand notify the parties at a pretrial conference or otherwise prior to trial.The following procedures for selection are not exclusive.

 

(a)(1) Strike andreplace method. The court shall summon the number of the jurors that are to trythe cause plus such an additional number as will allow for any alternates, forall peremptory challenges permitted, and for all challenges for cause granted.At the direction of the judge, the clerk shall call jurors in random order. Thejudge may hear and determine challenges for cause during the course ofquestioning or at the end thereof. The judge may and, at the request of anyparty, shall hear and determine challenges for cause outside the hearing of thejurors. After each challenge for cause sustained, another juror shall be calledto fill the vacancy, and any such new juror may be challenged for cause. Whenthe challenges for cause are completed, the clerk shall provide a list of thejurors remaining, and each side, beginning with the prosecution, shall indicatethereon its peremptory challenge to one juror at a time in regular turn, as thecourt may direct, until all peremptory challenges are exhausted or waived. Theclerk shall then call the remaining jurors, or so many of them as shall benecessary to constitute the jury, including any alternate jurors, and thepersons whose names are so called shall constitute the jury. If alternatejurors have been selected, the last jurors called shall be the alternates,unless otherwise ordered by the court prior to voir dire.

 

(a)(2) Struck method.The court shall summon the number of jurors that are to try the cause plus suchan additional number as will allow for any alternates, for all peremptorychallenges permitted and for all challenges for cause granted. At the directionof the judge, the clerk shall call jurors in random order. The judge may hearand determine challenges for cause during the course of questioning or at theend thereof. The judge may and, at the request of any party, shall hear anddetermine challenges for cause outside the hearing of the jurors. When thechallenges for cause are completed, the clerk shall provide a list of thejurors remaining, and each side, beginning with the prosecution, shall indicatethereon its peremptory challenge to one juror at a time in regular turn untilall peremptory challenges are exhausted or waived. The clerk shall then callthe remaining jurors, or so many of them as shall be necessary to constitutethe jury, including any alternate jurors, and the persons whose names are socalled shall constitute the jury. If alternate jurors have been selected, thelast jurors called shall be the alternates, unless otherwise ordered by thecourt prior to voir dire.

 

(a)(3) In courts usinglists of prospective jurors generated in random order by computer, the clerkmay call the jurors in that random order.

 

(b) Examinationof prospective jurors. The court may permit counsel or the defendantto conduct the 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 additionalquestions requested by counsel or the defendant. Prior to examining the jurors,the court may make a preliminary statement of the case. The court may permitthe parties or their attorneys to make a preliminary statement of the case, andnotify the parties in advance of trial.

 

(c) Challengesto panel or individuals. A challenge may be made to the panel or to anindividual juror.

 

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

 

(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 challengeto the panel shall be taken before the jury is sworn and shall be in writing ormade upon the record. It shall specifically set forth the facts constitutingthe grounds of the challenge.

 

(c)(1)(iii) If achallenge to the panel is opposed by the adverse party, a hearing may be had totry any question of fact upon which the challenge is based. The jurorschallenged, and any other persons, may be called as witnesses at the hearingthereon.

 

(c)(1)(iv) The courtshall decide the challenge. If the challenge to the panel is allowed, the courtshall discharge the jury so far as the trial in question is concerned. If achallenge is denied, the court shall direct the selection of jurors to proceed.

 

(c)(2) A challenge to anindividual juror may be either peremptory or for cause. A challenge to anindividual juror may be made only before the jury is sworn to try the action,except the court may, for good cause, permit it to be made after the juror issworn but before any of the evidence is presented. In challenges for cause therules relating to challenges to a panel and hearings thereon shall apply. Allchallenges for cause shall be taken first by the prosecution and then by thedefense alternately. Challenges for cause shall be completed before peremptorychallenges are taken.

 

(d) Peremptorychallenges. 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) Challengesfor cause. A challenge for cause is an objection to a particular jurorand shall be heard and determined by the court. The juror challenged and anyother person may be examined as a witness on the hearing of such challenge. Achallenge 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 ofthe qualifications prescribed by law.

 

(e)(2) Any mental orphysical infirmity which renders one incapable of performing the duties of ajuror.

 

(e)(3) Consanguinity oraffinity within the fourth degree to the person alleged to be injured by theoffense charged, or on whose complaint the prosecution was instituted.

 

(e)(4) The existence ofany social, legal, business, fiduciary or other relationship between theprospective juror and any party, witness or person alleged to have beenvictimized or injured by the defendant, which relationship when viewedobjectively, would suggest to reasonable minds that the prospective juror wouldbe unable or unwilling to return a verdict which would be free of favoritism. Aprospective juror shall not be disqualified solely because the juror isindebted to or employed by the state or a political subdivision thereof.

 

(e)(5) Having been orbeing the party adverse to the defendant in a civil action, or havingcomplained against or having been accused by the defendant in a criminalprosecution.

 

(e)(6) Having served onthe grand jury which found the indictment.

 

(e)(7) Having served ona trial jury which has tried another person for the particular offense charged.

 

(e)(8) Having been oneof a jury formally sworn to try the same charge, and whose verdict was setaside, or which was discharged without a verdict after the case was submittedto it.

 

(e)(9) Having served asa juror in a civil action brought against the defendant for the act charged asan offense.

 

(e)(10) If the offensecharged is punishable with death, the juror's views on capital punishment wouldprevent or substantially impair the performance of the juror's duties as ajuror in accordance with the instructions of the court and the juror's oath insubsection (h).

 

(e)(11) Because thejuror is or, within one year preceding, has been engaged or interested incarrying on any business, calling or employment, the carrying on of which is aviolation of law, where defendant is charged with a like offense.

 

(e)(12) Because thejuror has been a witness, either for or against the defendant on thepreliminary examination or before the grand jury.

 

(e)(13) Having formed orexpressed an unqualified opinion or belief as to whether the defendant isguilty or not guilty of the offense charged.

 

(e)(14) Conduct,responses, state of mind or other circumstances that reasonably lead the courtto conclude the juror is not likely to act impartially. No person may serve asa juror, if challenged, unless the judge is convinced the juror can and willact impartially and fairly.

 

(f) Alternatejurors. The court may impanel alternate jurors to replace any jurorswho are unable to perform or who are disqualified from performing their duties.Alternate jurors must have the same qualifications and be selected and sworn inthe same manner as any other juror. If one or two alternate jurors are called,the prosecution and defense shall each have one additional peremptorychallenge. If three or four alternate jurors are called, each side shall havetwo additional peremptory challenges. Alternate jurors replace jurors in thesame sequence in which the alternates were selected. An alternate juror whoreplaces a juror has the same authority as 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 untilthat alternate replaces a juror or is discharged. If an alternate replaces ajuror after deliberations have begun, the court must instruct the jury to beginits deliberations anew.

 

(g) Juror oath. Whenthe jury is selected an oath shall be administered to the jurors, in substance,that they and each of them will well and truly try the matter in issue betweenthe parties, and render a true verdict according to the evidence and theinstructions of the court.

 

Effective November 1,2018

 

AdvisoryCommittee Notes