As amended through November 25, 2024
(a) Examination of Jurors. The court shall conduct the initial examination of the prospective jurors unless the court, in its discretion, elects to allow the parties or their attorneys to conduct an initial examination, either directly or indirectly through the court. If the court conducts the initial examination, when that examination is completed, the court, in its discretion, may allow the parties or their attorneys to address additional questions to the prospective jurors, either directly or indirectly through the court, on any subject that has not been fully covered in the court's examination and that is germane to the jurors' qualifications.(b) Challenges for Cause. Challenges for cause of individual prospective jurors shall be made at the bench, at the conclusion of the examination.(c) Peremptory Challenges.(1)Manner of Exercise. Peremptory challenges shall be exercised by striking out the name of the juror challenged on a list of the drawn prospective jurors prepared by the clerk. The court may permit counsel to exercise a peremptory challenge of a juror immediately following the examination of that juror.(2)Order of Exercise. Peremptory challenges shall be exercised one by one, alternately, with the State exercising the first challenge. If there are two or more defendants, the court may allow additional peremptory challenges as specified in paragraph (3), and the court may permit the additional challenges to be exercised separately or jointly, and determine the order of the challenges.(3)Number. If the crime charged is punishable by life imprisonment, each side is entitled to 10 peremptory challenges. If the crime charged is a Class A crime not punishable by life imprisonment, a Class B crime, or a Class C crime, each side is entitled to 8 peremptory challenges. In all other criminal prosecutions each side is entitled to 4 peremptory challenges. If there are two or more defendants, the court may allow each side additional peremptory challenges.(d) Alternate Jurors. The court may direct that not more than 4 jurors in addition to the regular panel be called and impaneled to sit as alternate jurors as provided by law. The manner and order of exercising peremptory challenges to alternate jurors shall be the same as provided for peremptory challenges of regular jurors. In all criminal prosecutions, each side shall be entitled to one peremptory challenge of the alternate jurors. If there is more than one defendant, the court may allow additional peremptory challenges to the defendants and the State, permit the additional challenges by the defendants to be exercised separately or jointly, and determine the order of the challenges.(e) Sequestration of the Jury. In all jury trials the jury shall be allowed to separate until it retires to consider its verdict, unless the court finds it necessary to order sequestration of the jury to ensure the fairness of the trial. Upon retiring to consider its verdict, the jury shall be sequestered, but it may be allowed to separate in the discretion of the court.(f) Note-Taking by Jurors. The court in its discretion may allow jurors to take handwritten notes during the course of the trial. If note-taking is allowed, the court shall instruct the jury on the note-taking procedure and on the appropriate use of the notes. Unless the court determines that special circumstances exist that should preclude it, jurors should be allowed to take their notes into the jury room and use them during deliberations. Counsel may not request or suggest to a jury that jurors take notes or comment upon their note-taking. Upon the completion of jury deliberations, the notes shall be immediately collected and, without inspection, physically destroyed under the court's direction.Last amended effective 11/2/2016.