(a)Examination. – The court may permit the defendant or the defendant’s attorney and the attorney for the state to conduct the examination of prospective jurors or may itself conduct the examination. In the latter event the court shall permit the defendant or the defendant’s attorney and the attorney for the state to supplement the examination by such further inquiry as it deems proper or shall itself submit to the prospective jurors such additional questions by the parties or their attorneys as it deems proper. (b)Peremptory Challenges. –
(1)Number of challenges. –
(A)Felony cases. – If the offense charged is punishable by imprisonment for more than one year, the defendant shall have six peremptory challenges and the state shall have two peremptory challenges. The state shall first exercise its two challenges before the defendant is called upon to exercise his or her six peremptory challenges. (B)Misdemeanor cases. – If the offense charged is punishable by imprisonment for not more than one year or by fine or both, each side is entitled to four peremptory challenges. (2)Relief From Limitations. –
(A)For cause. – For good cause shown, the court may grant such additional challenges as it, in its discretion, believes necessary and proper. (B)Multiple defendants. – If there is more than one defendant the court may allow the parties additional challenges and permit them to be exercised separately or jointly. (C)Time for making motion. – A motion for relief under subdivision (b)(2) of this rule shall be filed at least one week in advance of the first scheduled trial date or within such other time as may be ordered by the circuit court. (c)Alternate jurors. – The court may direct that more jurors in addition to the regular jury be called and impaneled 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 by law if one or two alternate jurors are to be impaneled, two peremptory challenges if three or four alternate jurors are to be impaneled, and three peremptory challenges if five or six alternate jurors are to be impaneled. The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by these rules may not be used against an alternate juror.
W.Va. R. Crim. P. 24
Effective October 1, 1981; amended effective September 1, 1995.
