§ Rule 47 Jurors

Rule 47. Jurors.

    (a) Examination of jurors. The court may permit the parties or their attorneys to conduct the examination of prospective jurors or may itself conduct the examination. In the latter event, the court shall permit the parties or their attorneys to supplement the examination as may be proper.

    (b) Selection of jurors and alternate jurors. Jurors shall be drawn and selected as provided in Code of Alabama 1975, § 12-16-70 et seq., unless otherwise superseded or modified herein.

    Regular jurors shall be selected from a list containing the names of at least twenty-four (24) competent jurors and shall be obtained by the parties or their attorneys alternately striking one (1) from the list until twelve (12) remain, the party demanding the jury having the first strike.

    The Court may direct that not more than six (6) jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. Alternate jurors shall have the same qualifications, shall be subject to the same examination, shall take the same oath, and shall have the same functions, powers, facilities and privileges as regular jurors. Unless the parties agree otherwise, the parties shall be entitled to strike from a list containing the names of three (3) competent jurors for each alternate juror required in addition to at least twenty-four (24) competent jurors required for a regular jury.

    When the Court has determined the total number of jurors, including alternates, to be impaneled and has imparted that information to counsel and the clerk, the parties will proceed to strike the jury. When they reach the number determined by the court to be impaneled, the striking shall continue until the regular number of jurors is reached. The alternate jurors will be those jurors whose names had not been struck when the total number determined by the court had been reached, but whose names were stricken before the regular number of jurors was reached. When the jury has been selected, the clerk shall furnish the court with a list of the alternate jurors, in inverse order in which their names were stricken, i.e., the last name stricken will be listed as alternate juror number 1, the next to last name stricken as alternate juror number 2 and so on until the number of alternates determined by the court is reached. The regular jury and the alternates will be impaneled. Jurors who, prior to the time the jury retires to consider its verdict, become or are found to be unable or disqualified to perform their duties shall be discharged. Just prior to the time the jury retires to consider its verdict, the court shall supply any vacancies from the list furnished by the clerk, beginning with the last name stricken, then next to last and so on until the regular number of jurors has been reached. Other alternate jurors impaneled but not
used shall be discharged.

    (c) Multiple claims, parties, and actions. In all claims or actions tried together, for the purpose of striking the jury, two or more parties having relatively similar interests may be aligned as a single party or the court may add additional names to the list and permit strikes to be exercised separately or jointly; but, in all events, the plaintiff shall be entitled to one-half of the total number of strikes allocated to all parties unless the total number of strikes cannot be divided equally, in which event plaintiff shall have no less than one (1) less than the total number of strikes allocated to all other parties, nor more than one (1) more than the total number of strikes allocated to all other parties.

    (dc) District court rule. Rule 47 does not apply in the district courts.