Choosing the Jury.

The process of choosing jurors is called “voir dire”. Potential jurors are interviewed in open court by each of the attorneys. There are two ways of rejecting potential jurors: “challenge for cause”; and “peremptory challenge”. Prospective jurors may be challenged for cause for any of a number of specific reasons.

Some of the more obvious reasons include that a juror: is a witness in the case; is related to a party; has some close personal or business relationship to a party; has already served on a jury in a case involving one or more of the parties; has already formed an opinion or is otherwise biased; is an alcoholic, drug addict, mental incompetent, or convicted felon; does not speak or understand English well enough to follow the proceeding and participate injury deliberations. There is no limit to the number of prospective jurors who may be challenged for cause. Each time a prospective juror is excused, another will be interviewed.

When each side has run out of challenges for cause, each side may exercise its peremptory challenges. No reason need be given for peremptorily excusing a juror, but each party has only a limited number of peremptory challenges. In criminal cases the number of peremptory challenges allowed each party is six in capital cases, four in all other felony cases, and three in misdemeanor cases. Each party is allowed three peremptory challenges in civil cases. Beginning with the complaining party, each side takes turns exercising its peremptory challenges one at a time. A peremptory challenge is lost when the turn comes to use it and it is not used. When all challenges are used or passed, the jury is complete. The jury then takes an oath to do its duty.

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