(a) Random selection of petit jurors is made pursuant to the Jury Plan for the Western District
of New York as approved by the Second Circuit Judicial Council. A copy of the Jury Plan
is available on the Court’s website, http://www.nywd.uscourts.gov.
(b) The Judge in a civil case shall examine prospective jurors on voir dire. Counsel may submit
proposed questions in writing to the Judge or Magistrate Judge prior to or during the voir
dire examination. The Judge or Magistrate Judge, in their discretion, may permit counsel
to submit questions orally or conduct voir dire.
(c) Where a jury trial has been properly demanded, the Court shall determine whether the
jury will be selected by the panel method or the struck method.
(d) The procedure for selecting the jury pursuant to the panel method shall be as follows:
(1) The deputy will at random call names from the available panel and direct those
persons to be seated in the jury box in the order in which they are called. The total
number to be seated shall be determined by the Court.
(2) The Court will conduct voir dire. If counsel are permitted voir dire, counsel may
question the jury at this time.
(3) The Court will excuse any prospective jurors for cause where appropriate, acting
either sua sponte or upon application of a party, and replace them with new
prospective jurors.
(4) When the Court has determined that none of the prospective jurors in the jury box
should be dismissed for cause, the parties may exercise their peremptory
challenges.
(5) Each side in a civil case may exercise or waive three peremptory challenges,
pursuant to 28 U.S.C. § 1870. These challenges shall be exercised in three (3)
rounds, one (1) challenge for each side in each round. If a challenge is not
exercised by either party for that round, it is waived. After each round of
challenges is exercised, the Clerk of Court shall call names from the panel to
replace the challenged jurors. After new jurors are seated, the procedure in Loc.
R. Civ. P. 47(d)(2)-(5) shall be repeated. At any time before the panel is sworn, a
party may exercise a challenge as to any juror seated in the box.
(6) After all parties have exercised all of their challenges, the jury shall be sworn.
(e) The procedure for selecting a jury pursuant to the struck method shall be as follows:
(1) The deputy will call at random from the panel a number of prospective jurors equal
to the total number of all jurors and all peremptory challenges for all parties in the
action. Those persons will be seated in the jury box in the order they are called.
(2) The Court will conduct voir dire. If counsel are permitted voir dire, counsel may
question the jury at this time.
(3) The Court will excuse any prospective jurors for cause where appropriate, acting
either sua sponte or upon application of a party, and replace them with new
prospective jurors.
(4) When the Court has determined that none of the prospective jurors in the jury box
should be dismissed for cause, the parties may exercise their peremptory
challenges.
(5) Each side in a civil case may exercise or waive three peremptory challenges
pursuant to 18 U.S.C. § 1870. These challenges shall be exercised in rounds, one
(1) challenge for each side in each round. No further jurors will be called to replace
those jurors excused by peremptory challenges. At the conclusion of the parties’
rounds, the Court shall announce those jurors who shall constitute the jury, and
they shall be sworn.
(f) In a case with multiple defendants or plaintiffs, the attorneys for defendants or plaintiffs
shall confer and jointly exercise their peremptory challenges. No additional peremptory
challenges shall be provided solely because the case involves more than one (1) defendant
or plaintiff.
