Local Rule CR 24.1: Impaneling a Trial Jury
D. Mont. — Criminal rule
CR 24.1 Impaneling a Trial Jury
(a) Examination of Jurors.
(1) Examination of jurors in criminal cases must be in accordance with the Federal Rules of Criminal Procedure.
(2) Alternate jurors may be impaneled in criminal cases in the discretion of the court in accordance with the provisions of the Federal Rules of Criminal Procedure.
(3) Unless the court orders otherwise:
(A) examination of trial jurors will be conducted by the court; and
(B) questions the parties want the court to ask the jurors must be submitted at least one court day before trial commences.
(b) Manner of Selection and Order of Examination of Jurors.
(1) Composition of Panel.
(A) Initial Panel. The initial panel called will consist of twelve jurors plus the number of alternates ordered by the court plus the number of allowable peremptory challenges. The clerk will assign numbers to the jurors in the order in which they are called.
(B) Challenges. If any juror in the initial panel is excused for cause, an additional juror will be immediately called and will take the seat and number of the excused juror. After the initial panel is filled and challenges for cause are exhausted, the parties will exercise peremptory challenges.
(C) Trial Jury. After challenges are exhausted, the clerk will call by name the agreed number of jurors who have the lowest assigned numbers. These jurors constitute the trial jury.
(2) Exercise of Peremptory Challenges. The court may order either of the following two methods for exercising peremptory challenges:
(A) Traditional Method. In criminal cases in which the government has six and the defense ten challenges, the first is exercised by the government, the second by the defense, the next by the Government, the next two by the defense, the next by the government, the next two by the defense, the next by the government, the next two by the defense, the next by the government, the next two by the defense, the next by the government, and the last by the defense. The passing of a peremptory challenge by either party is the equivalent of a challenge.
(B) Arizona Strike Method. All peremptory challenges are exercised simultaneously and without disclosure to other parties.