(a) Examination. – In addition to the examination required by 11 Del. C. § 3301 in capital cases, the court shall conduct or permit such examination as is reasonably calculated to ascertain prejudice of a juror. The court shall itself conduct the examination of prospective jurors. The court shall permit the defendant or the defendant’s attorney and the attorney general 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. Except for questions whose need arises in the course of the examination, all questions proposed by an attorney shall be in writing and shall be served on the other parties and submitted to the court before commencement of the drawing of the jury or at such earlier time as ordered by the court. Except for the statutory questions in capital cases, questions may, in the court’s discretion, be directed to the array or to prospective jurors individually or some questions may be directed to the array and some to prospective jurors individually. The order of individual examination shall be random. The order may be determined manually or electronically and may be determined in advance of when each prospective juror is called for questioning. If determined in advance, the order of individual examination will not be disclosed to the parties.(b) Peremptory challenges. –
(1) Number of challenges. – In capital cases, the state shall be entitled to 12 peremptory challenges and the defendant or defendants shall be entitled to a total of 20 peremptory challenges. In noncapital cases, the state shall be entitled to 6 peremptory challenges and the defendant or defendants shall be entitled to a total of 6 peremptory challenges.(2) Additional challenges. – If there is more than one defendant, the court may allow the defendants additional peremptory challenges and permit them to be exercised separately or jointly. For good cause, the court may grant the parties such additional peremptory challenges as the court, in its discretion, deems appropriate. A request for additional challenges shall be made before commencement of the drawing of the jury or at such earlier time as ordered by the court.(3) Exercise of challenges. –
(A) Capital cases. – In capital cases, peremptory challenges shall be exercised at the conclusion of the examination of each prospective juror. The defendant or defendants shall first challenge or announce that they are content with the first prospective juror examined, the state shall first challenge or announce that it is content with the next prospective juror, and so on alternately until the jury is selected. Announcement that a party is content shall not count as the exercise of a challenge.(B) Noncapital cases. – In noncapital cases, peremptory challenges shall be exercised after the prospective jurors have been impanelled. The defendant or defendants shall first challenge or announce that they are content and the parties shall thereafter challenge alternately until all parties have exhausted their challenges. Announcement that a party is content shall count as the exercise of a challenge. A party may not later challenge a prospective juror who was impanelled when the announcement was made unless the court grants relief from this restriction for good cause.(c) Alternate jurors. – The court may direct that not more than 6 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 1 peremptory challenge in addition to those otherwise allowed by law if 1 or 2 alternate jurors are to be impanelled, 2 peremptory challenges if 3 or 4 alternate jurors are to be impanelled, and 3 peremptory challenges if 5 or 6 alternate jurors are to be impanelled. 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.(d) Challenge to array. – A challenge to the array of jurors shall be made in the manner prescribed in 10 Del. C. § 4512 and shall be granted under the conditions prescribed in that statute.
