Rule 47 Selection of Jurors

Examining Jurors. The court may permit the parties or their attorneys to examine prospective jurors or may itself do so. If the court examines the jurors, it must permit the parties or their attorneys to make any further inquiry it considers proper, or must itself ask any of their additional questions it considers proper.

Peremptory Challenges. The court must allow the number of peremptory challenges provided by 7 CMC § 3102.

Excusing a Juror. During trial or deliberation, the court may excuse a juror for good cause.

Procedure. At a time appropriate for case for which a jury is required, the court must set a pre-trial hearing for jury selection. The parties and their attorneys must attend. Counsel must be provided a copy of the list of the jury panel prior to the hearing. At the hearing the court will determine if counsel will stipulate to an English-speaking jury. Counsel will then go over the list of prosecptive jurors and by mutual agreement note any prosective jurors who would not be acceptable on the following grounds:

(1) If an English-speaking jury is stipulated to, any non-English-speaking person.

(2) Any person who is related to any party or such party’s counsel so as to clearly disqualify such person.

(3) Any person whoh is a witness to the subject matter of the lawsuit or otherwise disqualified because of personal knowledge or the like.

(4) Any person who, although not related to counsel or a party, has such friendship/animosity with counsel or a party as would clearly disqualify such person.

(5) If witnesses to the litigation are known or divulged either by court order or voluntarily, any person who is so related or associated with a witness as to clearly disqualify such person.

(6) Any person who is statutorily disqualified by the provisions of 7 CMC § 3103, 3104, or 3111.

(7) Any other person who should be disqualified for any other reason. A list of names to be stricken from the list by mutual agreement of counsel must be presented to the court for its approval. The court may decline to strike any of the names on the list. The list of the names finally stricken must be filed with the court. From the remaining names on the list, counsel will either:

(A) Settle on a list of persons to be served for jury service; or

(B) Have the court direct the Department of Public Safety to serve all remaining persons on the list. Subject to the orders of the court, persons other than parties who are knowledgeable about the citizens of the Commonwealth, may participate in the selection procedure set forth in this subdivision. The procedure set forth in this subdivision does not affect challenges for cause or peremptory challenges exercised at trial.