Rule 47: Selecting Jurors

Rule 47 governs jury selection (voir dire) in federal civil trials. The judge has broad discretion over how voir dire is conducted — the judge may question prospective jurors directly, allow the attorneys to ask questions, or use a combination of both.

Jurors can be removed in two ways: challenges for cause and peremptory challenges. A challenge for cause requires a stated reason — bias, personal connection to the case, inability to be impartial. There is no limit on challenges for cause. Peremptory challenges allow a party to remove a juror without stating a reason, but each side is limited to three peremptory challenges in federal civil cases under 28 U.S.C. § 1870.

While peremptory challenges do not require a stated reason, they cannot be exercised on the basis of race or gender. Under Batson v. Kentucky and its progeny (extended to civil cases by Edmonson v. Leesville Concrete Co.), if one party believes the other is using peremptory challenges in a discriminatory manner, they can raise a Batson challenge.