§ RULE 2-603. JURORS

Codes > New Mexico Rules of Civil Procedure for the Magistrate Courts > Article 6 > RULE 2-603.

RULE 2-603. JURORS

A. Magistrate Jury. A jury in the magistrate court consists of six jurors with the same qualifications as jurors in the district court. Whenever a jury is required, the magistrate shall select prospective jurors in the manner provided by law.

B. Challenges for Cause. At the time of the trial, the parties, their attorneys or the magistrate may examine the jurors who have been summoned to determine whether they should be disqualified for cause. Jurors shall be excused for cause if the examination discloses bias, relationship to a party or other grounds of actual or probable partiality. If examination of any juror discloses any basis for his disqualification, he shall be excused.

C. Peremptory Challenges. Each party shall be entitled to one peremptory challenge. If peremptory challenges are exercised, the magistrate shall excuse those jurors challenged.

D. Selection of Jury.

(1) The magistrate shall cause the name of each juror present to be placed on a separate slip of paper which shall be placed in a box. A list of the names of the jurors present shall be prepared by the magistrate or at his direction, and a copy of the list provided each party or his attorney.

(2) The jurors may be examined by the parties, their attorneys or the magistrate by questioning all of the jurors present, as a group, or individually.

Additional slips with jurors' names thereon shall be drawn from the box to replace those excused for cause or by peremptory challenge, who may then be questioned by the parties, their attorneys or the magistrate.

(3) When six qualified jurors have been selected, they shall constitute the jury for the case to be tried.

(4) One alternate juror may be selected, if the magistrate at his discretion so elects. The parties may exercise their peremptory challenges in the selection of the alternate juror, if their peremptory challenges have not been exhausted in the selection of the other jurors.

E. Additional Jurors. If a jury cannot be completed by drawing additional slips, the sheriff or responsible person shall summon a sufficient number of jurors to fill the deficiency.

F. Oath to Jurors. The magistrate shall administer the following oath to the jurors: “You do solemnly swear (or affirm) that you will truly try the facts of this action and give a true verdict according to the law and evidence given in court.”