§ Rule 47(a) Trial Jury Procedure; List; Striking; Oath

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Rule 47(a). Trial Jury Procedure; List; Striking; Oath

    1. When an action is called for trial by jury, the clerk shall prepare and deposit in a box ballots containing the names of the jurors summoned who have appeared and have not been excused. The clerk shall then draw from the box as many names of jurors as the court directs. If the ballots are exhausted before the jury is completed, the court shall order to be forthwith drawn in the manner provided for other drawings of jurors, but without notice and without the attendance of officers other than the clerk, as many qualified persons as necessary to complete the jury.

    2. Alternatively, in any court where data processing equipment is used and random selection of trial jurors can be accomplished by such equipment, the court may direct the jury commissioner to cause a list of jurors to be printed, at random, by the use of such equipment and delivered to the court. The clerk shall then read the names of jurors in the order printed. If the number of names appearing on the printed form is exhausted before the jury selection is completed the court shall order additional jurors drawn in the same manner.

    3. After the jury is completed, the clerk shall make a list thereof and deliver it to the parties for peremptory challenges. The parties shall exercise their challenges by alternate strikes, beginning with the plaintiff, until the peremptory challenges are exhausted. Failure of a party to exercise a challenge in turn shall operate as a waiver of remaining challenges but shall not deprive the other party of that other party's full number of challenges. The list shall then be delivered to the clerk who shall call the first eight names remaining on the list who shall constitute the trial jury, and to whom an oath or affirmation shall then be administered in substance as follows: “You do solemnly swear (or affirm) that you will well and truly try the issues now on trial and a true verdict render according to the law and the evidence, so help you God.” If a juror affirms, the clause “so help you God” shall be omitted.

    4. The court shall furnish counsel with the name, zip code, employment status, occupation, employer, residency status, education level, prior jury duty experience, and felony conviction status of prospective jurors in writing before the voir dire examination is conducted on the day when jury selection is commenced within a specific time schedule as established by the court. The court shall keep all jurors' home and business telephone numbers and addresses confidential unless good cause is shown to the court which would require such disclosure.