KENTUCKY RULES OF CIVIL PROCEDURE

RULE  47 -  JURORS

CR 47.01 EXAMINATION OF JURORS

     The court may permit the parties or their attorneys to conduct the examination of prospective jurors or may itself conduct the examination. In the latter event, the court shall permit the parties or their attorneys to supplement the examination by such further inquiry as it deems proper or shall itself submit to the prospective jurors such additional questions of the parties or their attorneys as it deems proper.

[Adopted eff. 7-1-53]

CR 47.02 ALTERNATE JURORS

     At any time before either side has exercised a peremptory challenge or challenges, but not thereafter, the court may direct the clerk to draw from the jury box, in addition to the number of jurors required by law to comprise the jury, one (1) or two (2) cards bearing numbers identifying prospective jurors. All jurors so drawn shall be empaneled and shall hear the case. Should it become necessary for any reason to excuse a juror, the trial shall continue unless the number of jurors be reduced below the number required by law. If the membership of the jury exceeds the number required by law, immediately before the jury retires to consider its verdict the clerk, in open court, shall place in a box the cards bearing numbers identifying the jurors empaneled to hear the case and, after thoroughly mixing them, withdraw from the box at random a sufficient number of cards (one or two, as the case may be) to reduce the jury to the number required by law, whereupon the jurors so selected for elimination shall be excused.

[Amended eff. 1-1-80; prior amendment eff. 10-1-71; adopted eff. 7-1-53]

CR 47.03 PEREMPTORY CHALLENGES

     (1) In civil cases each opposing side shall have three peremptory challenges, but co-parties having antagonistic interests shall have three peremptory challenges each.

     (2) If one or two additional jurors are called, the number of peremptory challenges for each side and antagonistic co-party shall be increased by one.

     (3) After the parties have been given the opportunity of challenging jurors for cause, each side or party having the right to exercise peremptory challenges shall be handed a list of qualified jurors drawn from the box equal to the number of jurors to be seated plus the number of allowable peremptory challenges for all parties. Peremptory challenges shall be exercised simultaneously by striking names from the list and returning it to the trial judge. If the number of prospective jurors remaining on the list exceeds the number of jurors to be seated, the cards bearing numbers identifying the prospective jurors shall be placed in a box and thoroughly mixed, following which the clerk shall draw at random the number of cards necessary to comprise the jury or, if so directed by the court, a sufficient number of cards to reduce the jury to the number required by law, in which latter event the prospective jurors whose identifying cards remain in the box shall be empaneled as the jury.

[Adopted eff. 1-1-80

 


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