Vt. R. Civ. P. 47

As amended through October 8, 2024

Rule 47 - Jurors

(a) Examination of Jurors.

(1) The court at any time may direct the clerk to distribute to prospective jurors written questionnaires to assist the voir dire examination. The voir dire questionnaire shall be prepared by the court administrator and shall solicit relevant information with only such questions as are necessary to empanel fair and impartial jurors. The court may direct the clerk to distribute a more detailed questionnaire in a particular case.

(2) A record of the information provided in response to a written questionnaire distributed pursuant to this rule shall be open to the parties to the proceeding. excepting supplemental information supplied to determine whether the individual meets the mental and physical demands of jury service for any individual who has been excused based upon that supplemental information. Public inspection of the content of any completed juror questionnaire shall be as provided in the Vermont Rules for Public Access to Court Records.

(3) The clerk shall draw the names of twelve prospective jurors who shall be seated in the jury box and examined. The parties or their attorneys shall conduct the examination, but the court may ask additional questions to supplement the inquiry, or, upon agreement of the parties, may conduct the examination.

(b) Challenges for Cause. Challenges for cause of individual prospective jurors may be made at any time prior to the impanelment of the jury. When a prospective juror is challenged and excused for cause, a replacement juror shall be drawn, seated, and examined as provided in subdivision (a) of this rule.

(c) Peremptory Challenges.

(1)Manner of Exercise. After twelve prospective jurors have been seated in the jury box and examined, the parties or their attorneys may exercise their peremptory challenges. Such challenges shall be exercised by removing the name of the juror challenged from a list of the prospective jurors prepared by the clerk.

(2)Order of Exercise. In any action in which there are two parties, peremptory challenges shall be exercised one by one, alternatively, with the plaintiff exercising the first challenge. In any action in which there are several plaintiffs or several defendants the order of challenges shall be as determined by the court.

(3)Number. Each party shall be entitled to six peremptory challenges. Several defendants or several plaintiffs may be considered as a single party for the purpose of making challenges or the court may allow additional peremptory challenge and permit them to be exercised separately or jointly.

(d) Alternate Jurors. The court may direct that not more than two jurors in addition to the regular jury be called and impanelled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become or are found to be unable or disqualified to perform their duties. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the regular jurors. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict. Each side is entitled to one peremptory challenge in addition to those otherwise allowed, whether one or two alternate jurors are to be impanelled. The additional peremptory challenge may be used against an alternate juror only, and the other peremptory challenges allowed by law shall not be used against an alternate juror.

(e) Alternative Procedure for Replacement Jurors. The court may direct that no more than six replacement jurors also be drawn when the original twelve prospective jurors or any alternatives are drawn. The replacement jurors shall be examined along with the prospective jurors or alternates. Replacement jurors shall, in the order they were seated, replace prospective or alternate jurors when they have been excused.

(f) Preliminary Instructions. After the jury has been impaneled, the court may instruct the jury as to the respective claims of the parties and as to such other matters as will aid the jury in comprehending the trial procedure and in understanding the evidence. Such preliminary instructions shall be disclosed to the parties before they are given, and either party may object to any specific instruction or propose instructions to be given prior to trial. No party may assign as error the giving or failure to give a preliminary instruction unless that party objects thereto before or immediately after the instructions are given stating distinctly the matter to which the party objects and the grounds of the objection.

V.R.C.P. 47

Amended Dec. 28, 1981, eff. 3/1/1982; 11/9/1982, eff. 2/1/1983; 10/25/2000, eff. 1/1/2001; amended April 14, 2021, eff. 6/14/2021.

Reporter's Notes-2021 Amendment

V.R.Cr.P. 24(a)(2) and V.R.C.P. 47(a)(2) are concurrently amended, to delete reference to the circumstances in which juror responses to written questionnaires, and the specific content thereof, may be disclosed to the public.

Public access to information contained in responses of potential jurors to written questionnaires may implicate lawful privacy interests or result in disclosure of information that is not subject to public access by law. For example, information subject to patient privilege that is divulged by a potential juror in the context of a request for excuse from service, as pertains to the requirement that a juror must meet the "mental or physical" demands of jury service. See 4 V.S.A. § 962(a)(4). Note that the amendments to paragraph (a)(2) in both rules preclude party and attorney access to such information, which is typically in the form of health-care provider information subject to patient privilege for persons who have been excused from the venire in advance of jury selection by reason of mental or physical inability to serve. This preclusion has been a feature of Juror Qualification Rule 4(c) as to public access since 2001; the present amendment extends the preclusion to parties and attorneys as well. However, the amendment clarifies that parties and attorneys are accorded access to this supplemental information for individuals, who have not been excused upon request after submitting such information, to enable full and fair inquiry as to that potential juror's service in a given case. Party and attorney access to supplemental information may otherwise be sought subject to a judicial finding of good cause pursuant to Vermont Rule for Public Access to Court Records 6(b)(19).

The former last sentence of (a)(2) is deleted, in recognition that the determination of whether juror questionnaire information is subject to public access, and the process and standards for such determination, are properly within purview of the Vermont Rules for Public Access to Court Records, which are concurrently amended to address such process and standards. See V.R.P.A.C.R. 6(b)(19). These amendments are also adopted concurrently with amendments to Rules 4 and 10 of the Rules Governing Qualification, List, Selection and Summoning of All Jurors.

Note that under the existing criminal and civil procedural rules, which do address public access to "physical records" of juror information, access to any juror information held in electronic form is not publicly accessible. This particular provision has also been applicable since 2001 amendments, which were made with the purpose of making juror questionnaires "less intrusive" than under then-prevailing practice. That prohibition is continued.