(a) Exercise of Peremptory Challenges. Except where the Judge has directed
prior to the commencement of the examination of trial jurors that a different procedure
shall be followed, peremptory challenges to which each party may be entitled under 28
U.S.C. § 1870, shall be exercised in the following manner:
PLAINTIFF DEFENDANT
1 1
1 1
1 1
In cases where there are multiple parties, the exercise of peremptory challenges
shall be left to the discretion of the Court, according to the provisions of 28 U.S.C. §
1870.
(b) Effect of Passing a Peremptory Challenge. In all cases, if either party
passes a peremptory challenge, the pass shall be treated as if the challenge had been
exercised, but shall not constitute a waiver of subsequent challenges to the jurors,
including those impanelled ("in the box") prior to the pass. However, in the event all
parties consecutively pass the use of a peremptory challenge, the jury as then constituted
will be sworn as the jury for the case.
Last revised 4/7/97. See Historical Notes for full revision history.
