There will be 12 jurors and two alternates. To the main jury, the defendant will have ten
peremptory challenges. The government will have six peremptory challenges. To the two alternates,
the defendant will have one peremptory challenge and the government will have one peremptory
challenge.
28 jurors will be called. The “struck” jury system will be used.
The voir dire process will begin with brief statements from counsel outlining the facts
that they intend to prove at trial. These statements are limited to five minutes. The statements
are to summarize only that evidence that each side expects to introduce at trial.
The Court will conduct the first stage of voir dire to all 28 jurors. Counsel shall submit
proposed voir dire questions in advance of trial. Counsel shall have ten minutes to conduct voir
dire, subject to the limitations of the Memorandum filed January 3, 1996.
The Court will address challenges for cause at the bench. Counsel shall address
challenges from among all of the 28 jurors. The first juror excused for cause will be replaced by
juror no. 13. Subsequent excusals will be replaced by the next available jurors in turn. Excusals
for cause will not be announced to the jury panel until all challenges have been exercised.
The peremptory challenge rounds will be as follows:
MAIN JURY |
1ST | 2ND | 3RD | 4TH | 5TH | 6TH | ||
DEF. | 2 | 2 | 2 | 2 | 1 | 1 | |
GOV | 1 | 1 | 1 | 1 | 1 | 1 | |
ALTERNATES | |||||||
DEF. | 1 | ||||||
GOV. | 1 |
Peremptory challenges shall be made at the bench and shall be announced to the other
party. The challenged jurors will be replaced by the next available juror. Until the final jury is
chosen, the jurors will not change seats or numbers, unless it becomes necessary to use
additional jurors in the selection process.
If a challenge is passed, that challenge is lost; it cannot be saved to increase the number
of challenges available in a subsequent round.
If there are more than 12 jurors available at the end of the peremptory challenges, the
next two jurors will become the alternates. Each party shall have the right to challenge one
juror.
OPTIONAL: At the close of evidence, all 14 juror names will be placed back in the jury
wheel and the Clerk will pull two names to be excused as alternates.