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Rule 1.915 – Impaneling jury

May 13, 2021 | Civil Procedure, Iowa

1. 915(1)Selection. At each jury trial a person designated by the court shall select 16 jurors by drawing their names from a box without seeing the names. All jurors so drawn shall be listed. Computer selection processes may be used instead of separate ballots to select jury panels. Before drawing begins, either party may require that the names of all jurors be called, and have an attachment for those absent who are not engaged in other trials; but the court may wait for its return or not, in its discretion.
1. 915(2)Oath or examination. The prospective jurors shall be sworn. The parties shall have the right to examine those drawn. The court may conduct such examination as it deems proper. It may on its own motion exclude any juror.
1. 915(3)Challenges. Challenges are objections to trial jurors for cause, and may be either to the panel or to an individual juror. The court shall determine the law and fact as to all challenges, and must either allow or deny them.
1. 915(4)To panel. Before any juror is sworn, either party may challenge the panel, in writing, distinctly specifying the grounds, which can be founded only on a material departure from the statutory requirements for drawing or returning the jury. On trial thereof, any officer, judicial or ministerial, whose irregularity is complained of, and any other persons, may be examined concerning the facts specified. If the court sustains the challenge it shall discharge the jury, no member of which can serve at that trial.
1. 915(5)To juror. Challenge to an individual juror must be made before the jury is sworn to try the case. On demand of either party to a challenge, the juror shall answer every question pertinent to the inquiry, and other evidence may be taken.
1. 915(6)For cause. A juror may be challenged by a party for any of the following causes:

a. Conviction of a felony.
b. Want of any statutory qualification required to make that person a competent juror.
c. Physical or mental defects rendering the person incapable of performing the duties of a juror.
d. Consanguinity or affinity within the ninth degree to the adverse party.
e. Being a conservator, guardian, ward, employer, employee, agent, landlord, tenant, family member, or member of the household of the adverse party.
f. Being a client of the firm of any attorney engaged in the cause.
g. Being a party adverse to the challenging party in any civil action; or having complained of or been accused by the challenging party in a criminal prosecution.
h. Having already sat upon a trial of the same issues.
i. Having served as a grand or trial juror in a criminal case based on the same transaction.
j. When it appears the juror has formed or expressed an unqualified opinion on the merits of the controversy, or shows a state of mind which will prevent the juror from rendering a just verdict.
k. Being interested in an issue like the one being tried.
l. Having requested, directly, or indirectly, that the person’s name be returned as a juror.

Exemption from jury service is not a ground of challenge, but the privilege of the person exempt.

1. 915(7)Number; striking. Each side must strike four jurors. Where there are two or more parties represented by different counsel, the court in its discretion may authorize and fix an additional number of jurors to be impaneled and strikes to be exercised. After all challenges are completed, plaintiff and defendant shall alternately exercise their strikes.
1. 915(8)Vacancies. After a challenge is sustained, another juror shall be called and examined and shall be subject to being challenged or stricken as are other jurors.
1. 915(9)Jury sworn. The names of the eight jurors who remain on the list after all others have been stricken shall be read. These shall constitute the jury and shall be sworn substantially as follows:

“You and each of you do solemnly swear (or affirm) that you will well and truly try the issues wherein _______________________________________________________ is plaintiff and ___________________________________________________is defendant, and a true verdict render; and that you will do so solely on the evidence introduced and in accordance with the instructions of the court.”

Iowa. R. Civ. P. 1.915

Report 1943; amendment 1980; amendment 1982; 1986 Iowa Acts, ch 1108, ? 55; October 31,1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002.