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Rule 47.4 Jury Selection

(a) Exercise of Peremptory Challenges. Except where the Judge has directed prior to the commencement of the examination of trial jurors that a different procedure shall be followed, peremptory challenges to which each party may be entitled under 28 U.S.C. § 1870, shall be exercised in the following manner:

PLAINTIFF DEFENDANT 1 1 1 1 1 1 In cases where there are multiple parties, the exercise of peremptory challenges shall be left to the discretion of the Court, according to the provisions of 28 U.S.C. § 1870.

(b) Effect of Passing a Peremptory Challenge. In all cases, if either party passes a peremptory challenge, the pass shall be treated as if the challenge had been exercised, but shall not constitute a waiver of subsequent challenges to the jurors, including those impanelled ("in the box") prior to the pass. However, in the event all parties consecutively pass the use of a peremptory challenge, the jury as then constituted will be sworn as the jury for the case.

Last revised 4/7/97. See Historical Notes for full revision history.