As amended through June 7, 2024
(a)Examination. The court may permit a defendant or the defendant's attorney and the attorney for the prosecuting authority to conduct the examination of prospective jurors or the court itself may conduct the examination. In the latter event, the court shall permit the defendant or the defendant's attorney and the attorney for the prosecuting authority to supplement the examination by further inquiry or, upon request, the court itself shall put to the prospective jurors such additional questions as are submitted by the parties or their attorneys. The examination of prospective jurors shall be for the purpose of determining whether a prospective juror is related to a party, or has any interest in the case, or has expressed or formed an opinion or is sensible of any bias or prejudice therein. The examination shall be conducted under oath if requested.(b)Peremptory Challenges. If the offense charged is punishable by imprisonment for more than one (1) year, each side is entitled to six (6) peremptory challenges. If the offense charged is punishable by imprisonment for not more than one (1) year or by fine or both, each side is entitled to three (3) peremptory challenges. If the jury is impaneled in accordance with subdivision (c) of this rule, each side will be entitled to one (1) extra peremptory challenge if one (1) or two (2) additional jurors are to be impaneled and to two (2) extra peremptory challenges if more than two (2) additional jurors are to be impaneled. If there is more than one (1) defendant, the court may allow the defendants additional peremptory challenges.(c)Alternate Jurors. The court in its discretion may direct the impaneling of a jury not to exceed sixteen (16) members, all having the same qualifications and impaneled and sworn in the same manner as a jury of twelve (12). If a juror is excused after the juror has been sworn but before any opening statement is begun, another juror may be impaneled and sworn in the juror's place. All the jurors shall sit and hear the case, but the court for cause may excuse any of them from service provided the number of jurors is not reduced to less than twelve (12) or such other number stipulated to under Rule 23(b). If more than such number remains at the conclusion of the court's charge, the clerk in the presence of the court and the parties shall put the names of the remaining jurors in a box and from it shall draw twelve (12) names, or such other number stipulated to by the parties, to determine the issues. The court may order that jurors whose names have not been drawn be retained after the jury retires to deliberate, and the court may thereafter order that retained alternate juror(s) replace any deliberating juror(s) who, for good cause, as determined by the court, cannot continue to deliberate. The alternate juror(s) selected to replace deliberating juror(s) shall be drawn, as needed, from a box containing the names of the remaining alternate jurors. The court must ensure that a retained alternate does not discuss the case with anyone until that alternate replaces a juror or is discharged. If an alternate replaces a juror after deliberations have begun, the court must instruct the jury to begin its deliberations anew. (d)Appointment of Foreperson. Prior to the time the jury retires to commence its deliberations, the court shall appoint one (1) of the jurors to act as foreperson.Amended effective 7/1/2019; amended effective 11/4/2019; amended effective 1/6/2020.