§ Rule 47 Selection of jurors

Rule 47. Selection of jurors

(a) Selection of Master Jury List and Master Jury Wheel. All juries shall be selected as prescribed by the Uniform Jury
Selection and Service Act of Idaho. Pursuant to section 2-206, Idaho Code, and in order to foster the policy and protect the rights secured by the Uniform Jury Selection and Service Act, the jury commission of each county shall compile and maintain a master list consisting of: (a) All voter registration lists of the county. (b) The following additional lists, when available: driver's license lists; and such other lists as the administrative judge for the judicial district shall designate. The jury commission shall not be required to eliminate duplication of names on the master list before selection of names for the master jury wheel, unless so directed by the administrative judge. In selecting names from the master list for the master jury wheel, as prescribed in section 2-207, Idaho Code, all duplication of names drawn from the master list shall be eliminated.

(b) Selection of Jury Panel. When any action is called for trial by jury, after the number of qualified jurors on a panel has been determined and the jurors selected in accordance with section 2-210, Idaho Code, the selection of the final trial jury for the trial of the action shall be in accordance with these rules. The entire panel may be divided into two (2) or more panels and thereafter redivided or combined for jury trials in such manner as prescribed by the administrative district judge for trial of individual actions.

(d) Juror Questionnaire Confidentiality. In order to provide for open, complete and candid responses to juror questionnaires and to protect juror privacy, information derived from or answers to juror questionnaires shall be confidential and shall not be disclosed to anyone except pursuant to court order. For the limited purpose of trial preparation, copies of the juror questionnaires and answers may be made available by the clerk to an attorney for a party or to a party appearing pro se. Such disclosure shall be subject to the rule of juror confidentiality stated above and any further limiting order of the administrative or trial judge. Such a limiting order may include deletion of the name, address, phone number or any other information about a prospective juror that should remain confidential.

(e) Roll Call of Jurors. Upon the commencement of a trial by jury, the court shall instruct the clerk to call the roll of the jury panel assigned for trial of that action and the court shall take appropriate action with regard to any unexcused absences of prospective jurors, including but not limited to the right to order an absent juror to be attached by the sheriff and compelled to attend the trial. The court shall thereupon determine the excuses of any jurors not previously determined.

(f) Oath to Panel. The clerk shall administer an oath or affirmation to all prospective jurors of the entire jury panel, that each of them will truthfully answer all questions propounded to them as to their qualifications to sit as jurors in the action.

(g) Selecting Initial Jury. The names of all prospective jurors on the jury panel present for the trial of an action shall constitute the initial trial jury panel for that action. Under the direction of the court, the clerk shall then select, at random, sufficient prospective jurors to complete jury selection. The court, in its discretion and in consideration for the privacy of the jurors, may have the jurors referred to by name or by number, as the court may deem appropriate.

(h) Challenges for Cause. Challenges for cause shall be heard and determined by the court after voir dire examination of each prospective juror or of all prospective jurors. The grounds for challenge for cause are as follows:

1. A want of any of the qualifications prescribed by the Idaho Code to render a person competent as a juror.

2. Consanguinity or affinity, within the fourth degree to any party.

3. Standing in the relation of debtor or creditor, guardian and ward, master and servant, employer and clerk, or principal and agent to either party, or being a member of the family of either party, or a partner, or united in business with either party, or surety on any bond or obligation for either party.

4. Having served as a juror or been a witness on a previous trial between the same parties for the same cause of action, or being then a witness or subpoenaed therein.

5. Pecuniary interest on the part of the juror in the outcome of the action or in the main question involved in the action.

6. Having an unqualified opinion or belief as to the merits of the action, or main question involved therein, founded upon knowledge or information of its material facts or of some of them.

7. The existence of a state of mind in the juror evincing enmity or bias to or against either party.
8. [Rescinded]

(i) Opening Statements--Voir Dire Examination of Jurors--Challenges--Struck Jury.

(1) Opening Statements to the Entire Jury Panel. The parties may, with the court's consent, present brief opening statements to the entire jury panel, prior to voir dire. On its own motion, the court may require counsel to do so. Following such statements, if any, the court shall conduct a thorough examination of prospective jurors.

(2) Examination and Challenges for Cause. Voir dire examination of the prospective jurors drawn from the jury panel shall first be conducted by the court. The attorney for the plaintiff, and then the attorney for the defendant, and then the attorney for each other party to the action shall then be permitted to propound questions to each prospective juror concerning qualifications to sit as a juror in the action. The voir dire examination shall be under the supervision of the court and subject to such limitations as the court may prescribe in the furtherance of justice and the expeditious disposition of the case. Any question propounded by an attorney to a prospective juror which is not directly relevant to the qualifications of the juror, or is not reasonably calculated to discover the possible existence of a ground for challenge, or has been previously answered, shall be disallowed by the court upon objection or upon the court's own initiative. Challenges for cause may be made by an attorney at any time while questioning a prospective juror, or no later than the conclusion of all questions propounded to an individual prospective juror, or the prospective jury if questioned as a whole, except that a challenge for cause may be permitted by the court at a later time upon a showing of good cause. Challenges for cause, as provided by law, must be tried by the court. The challenged juror, and any other person, may be examined as a witness on the trial of the challenge. Whenever a juror is excused by the court in sustaining a challenge for cause, the clerk shall immediately draw another name from the jury panel to fill the vacancy. There shall be no limit upon the number of challenges which may be made for cause by any party, and it shall not be necessary for any coparties to join in making such challenges. Unless otherwise stipulated in the record by all parties to the action, the entire voir dire examination of all prospective jurors and the court's rulings on all challenges shall be reported verbatim.

(3) Use of Struck Jury. The Court may, in its discretion, cause a panel of jurors to be questioned and passed for cause in a number equal to the number of jurors required for the final jury and alternates, and an additional number equal to the number of peremptory challenges of the parties. Such prospective jurors when chosen shall be seated in such manner as to be designated numerically with the lower numbered jurors constituting the initial panel and the subsequent numbered jurors becoming the replacement jurors in the event any of the jurors of the original panel are removed by a peremptory challenge.

(j) Peremptory Challenges--Number. After all challenges for cause have been ruled upon by the court, each party shall have four (4) peremptory challenges which shall be exercised in accordance with this rule. In the event there are coparties as plaintiffs, defendants or otherwise, the court shall determine the degree of conflict of interest, if any, between or among the coparties and shall in its discretion allocate the full number of peremptory challenges authorized by this rule to each of the coparties, or apportion the authorized peremptory challenges between and among the coparties, or in its discretion allocate an equal or unequal number of peremptory challenges to each of the coparties.

(k) Exercise of Peremptory Challenges. Peremptory challenges shall be exercised alternatively, one (1) at a time, by the parties; first by the plaintiff, then by the defendant, and then by any other party as prescribed by the court. All peremptory challenges shall be exercised as directed by the court but in such manner so as not to indicate to the panel which party exercised a peremptory challenge. Any juror whose name is selected to replace a peremptorily challenged juror shall first be examined for challenges for cause before continuing with the peremptory challenges, except when all prospective jurors have been previously passed or challenged for cause. Any party who waives a peremptory challenge shall be deemed to have waived only that particular peremptory challenge and may subsequently exercise any remaining challenges as to any juror; provided, if all parties consecutively waive their peremptory challenges, the trial jury shall be deemed accepted by the parties and any remaining peremptory challenges are waived.

(l) Additional Jurors.

(1) Selection. A court may direct that one or more jurors in addition to the regular panel be called and impaneled to sit as jurors. All 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 prior to deliberations.

If one or two additional jurors are called, each party is entitled to one (1) peremptory challenges in addition to those otherwise allowed by law. If more than two (2) additional jurors are called, each party shall be entitled to two (2) peremptory challenges in addition to those otherwise provided by law. At the conclusion of closing arguments, jurors exceeding the number required of a regular panel shall be removed by lot. Those removed by lot may be discharged after the jury retires to consider its verdict, unless the court otherwise directs as indicated below.

(2) Jurors Removed By Lot. If the court determines that those jurors removed by lot must be available to replace any jurors who may be excused during deliberations due to death, illness or otherwise as determined by the court, the bailiff, sheriff or other person appointed by the court shall take custody of said jurors until discharged by the court. In the event a deliberating juror is removed, the court shall order the juror discharged and draw the name of an alternate juror who shall then take the di scharged juror's place in the deliberations. The court shall instruct the panel to set aside and disregard all past deliberations and begin anew with the new juror as a member of the panel.

(m) Oath of Jurors. After all peremptory challenges have been exercised or waived, the court shall excuse all of the jury panel except those finally chosen as the trial jury in the action and the clerk shall thereupon administer the jury oath or affirmation to the trial jury and alternates as prescribed by law.

(n) Separation of Jury--Admonition by Court. The court shall determine, in its discretion, whether a jury may be permitted to separate during a trial or after the case has been submitted to them for their determination. The court shall admonish the jury not to talk to or associate in any way with the parties, their attorneys, agents, or witnesses, nor discuss the case with any person during the trial, and not to discuss the case among themselves until it has been submitted to them for deliberation.

(o) Notes By Jurors--Juror Notebooks.

(1) A juror may take or make written notes during a trial and take them with the juror when the jury retires for deliberation. The court shall give the jury appropriate instruction on how to exercise the right to take notes. At the conclusion of the proceedings, the Court shall take custody of the notes and provide for their destruction.

(2) In the discretion of the court, jurors may be provided notebooks containing documents for use by the jurors during trial to aid them in performing their duties. Notebooks may contain, but are not required to have or be limited to: (1) a copy of all jury instructions; (2) juror notes; (3) the names of witnesses, including photographs and biographies; (4) copies of exhibits, including an index thereto, but excepting depositions, and (5) a glossary of technical terms.

(p) Taking Documents and Exhibits to Jury Room. Upon retiring for deliberation the jury shall, if practical, take with them all written jury instructions and exhibits which have been admitted as evidence in the trial, except depositions.

(q) Juror Questioning of Witnesses. In the discretion of the court, jurors may be instructed that they are individually permitted to submit to the court a written question directed to any witness. If questions are submitted, the parties or counsel shall be given the opportunity to object to such questions outside the presence of the jury. If the questions are not objectionable, the court shall read the question to the witness. The parties or counsel may then be given the opportunity to ask follow-up questions as necessary.

Publisher's Note: r, s, t intentionally omitted.

(u) Declaration of Mistrial--Sanctions. After trial is commenced, at any time prior to the rendering of a verdict, the court on its own motion or upon motion of any party may declare a mistrial if it determines an occurrence at trial has prevented a fair trial. If the court determines that a mistrial was caused by the deliberate misconduct of a party or attorney, the court may require the adverse party or the attorney, or both, to pay the reasonable expenses including attorney fees incurred by the opposing party or parties resulting from such misconduct.

The rule headings for Idaho Rules of Civil Procedure have been editorially supplied.