§ RULE 47. JURORS

Codes > Delaware Superior Court Rules of Civil Procedure > VI. Trials > RULE 47.

RULE 47. JURORS

(a) Examination on Voir Dire. In jury trials, the Court alone shall examine all jurors on the Voir Dire unless it shall otherwise direct. When the Court examines, either attorney may request the Court to examine the jurors as to certain matters, and the Court may do so if in its opinion such matters are the proper subject of inquiry. Voir Dire examination of the jury panel concerning contact with prospective witnesses shall be freely granted. All questions proposed by an attorney to be used in Voir Dire examination shall be submitted in writing to the Court prior to commencement of the drawing of the jury.

(b) Alternate Jurors. The Court may direct that not more than 6 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 1 peremptory challenge in addition to those otherwise allowed by law if 1 or 2 alternate jurors are to be impanelled, 2 peremptory challenges if 3 or 4 alternate jurors are to be impanelled, and 3 peremptory challenges if 5 or 6 alternate jurors are to be impanelled. The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by law shall not be used against an alternate juror.

(c) Peremptory Challenges. Each party shall be entitled to 3 peremptory challenges. Several defendants or several plaintiffs may be considered as a single party for the purposes of making challenges, or the court may allow additional peremptory challenges and permit them to be exercised separately or jointly. For good cause, the court may grant the parties such additional peremptory challenges as the court, in its discretion, deems appropriate. A request for additional challenges shall be made before commencement of the drawing of the jury or at such earlier time as ordered by the court.

(d) Challenges, Where Parties Are Multiple [Repealed].