Trial Jurors

(a) Examination of Jurors. (1) Prospective Jurors. When a 12-person jury is to be impaneled, the court must call for examination not more than the number of prospective jurors that equals the number of jurors necessary for the jury plus the number of peremptory challenges available to the parties, unless otherwise stipulated by the parties and approved by the court. When a six-person jury is to be impaneled, the court may call for examination a number of prospective jurors equal to the number of jurors necessary for the jury plus the number of peremptory challenges available to the parties. If, after the parties have exercised their challenges, there are more jurors than required by Rule 23, the excess jurors must be excused in the inverse order in which they were called. (2) Examination. The court must permit the defendant or the defendant's attorney and the prosecuting attorney to participate in the examination of prospective jurors. The court may allow individual examination of prospective jurors in a closed location for a compelling reason after applying and announcing on the record the factors establishing the overriding interest for courtroom closure. The court must make a record of the examination. (b) Challenges. (1) Challenges for Cause. (A) By the Court. If the court, after examination of any prospective juror, finds grounds for challenge for cause, the court must excuse that prospective juror. (B) By a Party. If the court does not excuse a prospective juror for cause, any party may make a challenge for cause. A challenge to a prospective juror must be made before the juror is sworn to try the case. (2) Peremptory Challenges. Each side is entitled to: (A) 4 peremptory challenges when a 6-person jury is to be impaneled; and (B) 6 peremptory challenges when a 12-person jury is to be impaneled, except when the offense charged is a AA felony, each side is entitled to 10 peremptory challenges. (C) 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. (c) Alternate Jurors. (1) In General. The court may impanel up to four alternate jurors to replace any jurors who are unable to perform or who are disqualified from performing their duties. (2) Procedure. (A) Alternate jurors must have the same qualifications and be selected and sworn in the same manner as any other jurors. (B) Alternate jurors replace jurors in the same sequence in which the alternates were selected. An alternate juror who replaces a juror has the same authority as the other jurors. (3) Retaining Alternate Jurors. The court may retain alternate jurors after the jury retires to deliberate. The court must ensure that a retained alternate does not discuss the case with anyone until that alternate replaces a juror or is discharged. If an alternate replaces a juror after deliberations have begun, the court must instruct the jury to begin its deliberations anew. (4) Peremptory Challenges. Each side is entitled to the number of additional peremptory challenges to prospective alternate jurors specified below. These additional challenges may be used only to remove alternate jurors. (A) One or Two Alternates. One additional peremptory challenge is permitted when one or two alternate jurors are impaneled. (B) Three or Four Alternates. Two additional peremptory challenges are permitted when three or four alternate jurors are impaneled.