(1) In General.
The court may examine prospective jurors or may permit the attorneys for the parties to do so.
(2) Court Examination.
If the court examines the jurors, it must permit the attorneys for the parties to:
(A) ask further questions that the court considers proper; or
(B) submit further questions that the court may ask if it considers them proper.
(b) Peremptory Challenges.
Each side is entitled to the number of peremptory challenges to prospective jurors specified below. The court may allow additional peremptory challenges to multiple defendants, and may allow the defendants to exercise those challenges separately or jointly.
(1) Capital Case.
Each side has 20 peremptory challenges when the government seeks the death penalty.
(2) Other Felony Case.
The government has 6 peremptory challenges and the defendant or defendants jointly have 10 peremptory challenges when the defendant is charged with a crime punishable by imprisonment of more than one year.
(3) Misdemeanor Case.
Each side has 3 peremptory challenges when the defendant is charged with a crime punishable by fine, imprisonment of one year or less, or both.
(c) Alternate Jurors.
(1) In General.
The court may impanel up to 6 alternate jurors to replace any jurors who are unable to perform or who are disqualified from performing their duties.
(A) Alternate jurors must have the same qualifications and be selected and sworn in the same manner as any other juror.
(B) Alternate jurors replace jurors in the same sequence in which the alternates were selected. An alternate juror who replaces a juror has the same authority as the other jurors.
(3) Retaining Alternate Jurors.
The court may retain alternate jurors after the jury retires to deliberate. The court must ensure that a retained alternate does not discuss the case with anyone until that alternate replaces a juror or is discharged. If an alternate replaces a juror after deliberations have begun, the court must instruct the jury to begin its deliberations anew.
(4) Peremptory Challenges.
Each side is entitled to the number of additional peremptory challenges to prospective alternate jurors specified below. These additional challenges may be used only to remove alternate jurors.
(A) One or Two Alternates.
One additional peremptory challenge is permitted when one or two alternates are impaneled.
(B) Three or Four Alternates.
Two additional peremptory challenges are permitted when three or four alternates are impaneled.
(C) Five or Six Alternates.
Three additional peremptory challenges are permitted when five or six alternates are impaneled.
(As amended Feb. 28, 1966, eff. July 1, 1966; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 26, 1999, eff. Dec. 1, 1999; Apr. 29, 2002, eff. Dec. 1, 2002.)Notes