Rule 47 – Jurors

May 14, 2021 | Civil Procedure, Vermont

(a) Examination of Jurors.

(1) The court at any time may direct the clerk to distribute to prospective jurors written questionnaires to assist the voir dire examination. The voir dire questionnaire shall be prepared by the court administrator and shall solicit relevant information with only such questions as are necessary to empanel fair and impartial jurors. The court may direct the clerk to distribute a more detailed questionnaire in a particular case.
(2) A record of the information provided in response to a written questionnaire distributed pursuant to this rule shall be open to the parties to the proceeding. A physical record of the information shall be open to public inspection after the name and address of the person responding have been redacted. Any electronic record of the information shall not be open to public inspection.
(3) The clerk shall draw the names of twelve prospective jurors who shall be seated in the jury box and examined. The parties or their attorneys shall conduct the examination, but the court may ask additional questions to supplement the inquiry, or, upon agreement of the parties, may conduct the examination.
(b) Challenges for Cause. Challenges for cause of individual prospective jurors may be made at any time prior to the impanelment of the jury. When a prospective juror is challenged and excused for cause, a replacement juror shall be drawn, seated, and examined as provided in subdivision (a) of this rule.
(c) Peremptory Challenges.

(1)Manner of Exercise. After twelve prospective jurors have been seated in the jury box and examined, the parties or their attorneys may exercise their peremptory challenges. Such challenges shall be exercised by removing the name of the juror challenged from a list of the prospective jurors prepared by the clerk.
(2)Order of Exercise. In any action in which there are two parties, peremptory challenges shall be exercised one by one, alternatively, with the plaintiff exercising the first challenge. In any action in which there are several plaintiffs or several defendants the order of challenges shall be as determined by the court.
(3)Number. Each party shall be entitled to six peremptory challenges. Several defendants or several plaintiffs may be considered as a single party for the purpose of making challenges or the court may allow additional peremptory challenge and permit them to be exercised separately or jointly.
(d) Alternate Jurors. The court may direct that not more than two jurors in addition to the regular jury be called and impanelled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace 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. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the regular jurors. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict. Each side is entitled to one peremptory challenge in addition to those otherwise allowed, whether one or two alternate jurors are to be impanelled. The additional peremptory challenge may be used against an alternate juror only, and the other peremptory challenges allowed by law shall not be used against an alternate juror.
(e) Alternative Procedure for Replacement Jurors. The court may direct that no more than six replacement jurors also be drawn when the original twelve prospective jurors or any alternatives are drawn. The replacement jurors shall be examined along with the prospective jurors or alternates. Replacement jurors shall, in the order they were seated, replace prospective or alternate jurors when they have been excused.
(f) Preliminary Instructions. After the jury has been impaneled, the court may instruct the jury as to the respective claims of the parties and as to such other matters as will aid the jury in comprehending the trial procedure and in understanding the evidence. Such preliminary instructions shall be disclosed to the parties before they are given, and either party may object to any specific instruction or propose instructions to be given prior to trial. No party may assign as error the giving or failure to give a preliminary instruction unless that party objects thereto before or immediately after the instructions are given stating distinctly the matter to which the party objects and the grounds of the objection.

V.R.C.P. 47

Amended Dec. 28, 1981, eff. March 1, 1982; Nov. 9, 1982, eff. Feb. 1, 1983; Oct. 25, 2000, eff. Jan. 1, 2001.