Local Rule Rule 47: Selection of Jurors

Rule 47 Selection of Jurors

(a) Number of Jurors In all civil jury cases, the jury must consist of at least 6 members unless the parties otherwise consent.

(b) Examination of Jurors The Court will conduct the examination of prospective jurors. At the close of such examination, the Court will afford the parties an opportunity, at the bench, to request that the Court ask additional questions.

(c) Challenges for Cause Challenges for cause of individual prospective jurors must be made at the bench, at the conclusion of the Court's examination.

(d) Peremptory Challenges

(1) Number. Consistent with 28 U.S.C. § 1870, in civil cases, each party is entitled to 3 peremptory challenges. Several defendants or several plaintiffs may be considered a single party for the purposes of making challenges, or the Court may allow additional peremptory challenges and permit them to be exercised separately or jointly.

(2) Manner of Exercise. Peremptory challenges must be exercised by striking out the name of the prospective juror challenged on the list of the drawn venire prepared by the Clerk. A party may waive the exercise of any peremptory challenge without thereby relinquishing the right to exercise any remaining peremptory challenge or challenges to which the party is entitled. If all peremptory challenges are not exercised, the Court will strike from the bottom of the list sufficient names to reduce the number of prospective jurors remaining to the number of jurors decided by the Court to sit on the case.

(3) Order of Exercise. In any action in which both sides are entitled to an equal number of peremptory challenges, they must be exercised one by one, alternately, with the plaintiff exercising the first challenge. In a condemnation action, the claimant will exercise the first challenge. In any action in which the Court allows several plaintiffs or several defendants additional peremptory challenges, the Court will determine the order in which challenges are to be exercised.