The names of prospective jurors must be selected and drawn in accordance with the court’s Plan
for Random Jury Selection.
(B) DISCLOSURE OF JUROR NAMES
After a petit jury panel is drawn, the clerk must send a list of prospective jurors’ names to each
party in the case.
(C) JURY SIZE
(1) The court may exercise discretion in determining the size of the jury consistent with
Fed. R. Crim. P. 23 and 24.
(2) The initial panel for voir dire examination must consist of the number of jurors and
alternate jurors who will try the case, plus the number of individuals equal to the
total number of peremptory challenges that will be allowed.
(3) Unless otherwise ordered by the court, the parties may exercise peremptory
challenges in the following manner:
(a) Misdemeanors. The United States may exercise three (3) peremptory
challenges and the defendant may exercise three (3) peremptory challenges,
exercised in the following order: the first by the United States, the next by
the defendant, the next by the United States, and so on until each side has
exhausted or waived their challenges.
(b) Felonies Not Punishable by Death. The United States may exercise six (6)
peremptory challenges and the defendant may exercise ten (10) peremptory
challenges, exercised in the following order until each side has exhausted
or waived their challenges: the first by the United States, the next two (2)
by the defendant, the next by the United States, the next two (2) by the
defendant, the next by the United States, the next two (2) by the defendant,
the next by the United States, the next two (2) by the defendant, the next by
the United States, the next by the defendant, the next by the United States,
and the last by the defendant.
Effective October 6, 2025
CRIMINAL RULES
(c) Felonies Punishable by Death. The United States may exercise twenty (20)
peremptory challenges and the defendant may exercise twenty (20)
peremptory challenges, exercised in the following order: the first by the
United States, the next by the defendant, the next by the United States, and
so on until each side has exhausted or waived their challenges.
(4) The trial jury will consist of those jurors remaining after dismissal of jurors for
cause and the exercise of peremptory challenges. If some peremptory challenges
are not exercised, the trial jury will consist of those jurors remaining, in the order
drawn, after dismissal of jurors for cause and the exercise of peremptory challenges.
(D) EXAMINATION OF WITNESSES
Only one attorney for a party may examine or cross-examine the same witness, unless
otherwise permitted by the court.
(E) OPENING STATEMENTS AND CLOSING ARGUMENTS
(1) Only one attorney for a party may present an opening statement or closing argument
except by leave of court before the statement or argument begins. Different
attorneys may present the main and rebuttal portions of closing argument without
leave of court.
(2) The court may impose time limits on opening statements and closing arguments.
(3) The United States must open and close the argument unless otherwise ordered by
the court.
Effective October 6, 2025
CRIMINAL RULES
