Florida Jimmy Ryce Rule 4.431
RULE 4.431. TRIAL BY JURY
(a) Number of Jurors.
(1) The jury shall be composed of six persons.
(2) The court may direct that 1 or more jurors be
impaneled to sit as alternate jurors in addition to the regular panel.
Alternate jurors shall replace jurors who have become unable or
disqualified to perform their duties, in the order in which they are
called, before the jury retires to consider its verdict. Alternate
jurors shall be drawn in the same manner, have the same
qualifications, be subject to the same examination, take the same
oath, and have the same functions, powers, facilities, and privileges
as principal jurors. An alternate juror who does not replace a
principal juror shall be discharged when the jury retires to consider
the verdict.
(3) If alternate jurors are called, each party shall be
entitled to one peremptory challenge in the selection of each
alternate juror. Additional peremptory challenges allowed pursuant
to this subdivision may be used only against the alternate jurors.
The peremptory challenges allowed pursuant to subdivision (d) of
this rule shall not be used against the alternate jurors.
(b) Questionnaire. The circuit court may require
prospective jurors to complete a questionnaire in the form approved
by the Supreme Court of Florida to assist in selecting prospective
jurors. The questionnaire shall be used after the names of jurors
have been selected as provided by law but before certification and
the placing of the names of prospective jurors in the jury box.
(c) Examination by Parties. The parties have the right to
examine jurors orally on their voir dire. The order in which the
parties may examine each juror shall be determined by the court.
The court may ask such questions of the jurors as it deems
necessary, but the right of the parties to conduct a reasonable
examination of each juror orally shall be preserved.
(d) Juror List. Upon request, any party shall be furnished
by the clerk of the court with a list containing names and addresses
of prospective jurors summoned to try the case together with copies
of all jury questionnaires returned by the prospective jurors.
(e) Challenge to the Panel. The state or defendant may
challenge the panel. A challenge to the panel may be made only on
the ground that the prospective jurors were not selected or drawn
according to law. Challenges to the panel shall be made and
decided before any individual juror is examined, unless otherwise
ordered by the court. A challenge to the panel shall be in writing
and shall specify the facts constituting the ground of the challenge.
Challenges to the panel shall be tried by the court. Upon the trial
of a challenge to the panel the witnesses may be examined on oath
by the court and may be so examined by either party. If the
challenge to the panel is sustained, the court shall discharge the
panel. If the challenge is not sustained, the individual jurors shall
be called.
(f) Oath for Voir Dire. The prospective jurors shall be
sworn collectively or individually, as the court may decide. The
form of oath shall be as follows:
“Do your solemnly swear (or affirm) that you
will answer truthfully all questions asked of
you as prospective jurors, so help you God?”
If any prospective juror affirms, the clause “so help you God” shall
be omitted.
(g) Examination. The court may then examine each
prospective juror individually or may examine the prospective jurors
collectively. Counsel for both the state and defendant shall have
the right to examine jurors orally on their voir dire. The order in
which the parties may examine each juror shall be determined by
the court. The right of the parties to conduct an examination of
each juror orally shall be preserved.
(h) Prospective Jurors Excused. If, after the examination
of any prospective juror, the court is of the opinion that the juror is
not qualified to serve as a trial juror, the court shall excuse the
juror from the trial of the cause. If, however, the court does not
excuse the juror, either party may then challenge the juror, as
provided by law or by these rules.
(i) Time for Challenge. The state or defendant may
challenge an individual prospective juror before the juror is sworn
to try the cause; except that the court may, for good cause, permit a
challenge to be made after the juror is sworn, but before any
evidence is presented.
(j) Exercise of Challenge. On the motion of any party, all
challenges shall be addressed to the court outside the hearing of
the jury panel in a manner selected by the court so that the jury
panel is not aware of the nature of the challenge, the party making
the challenge, or the basis of the court’s ruling on the challenge, if
for cause.
(k) Manner of Challenge. A challenge to an individual juror
may be oral. When a juror is challenged for cause the ground of the
challenge shall be stated.
(l) Determination of Challenge for Cause. The court shall
determine the validity of a challenge of an individual juror for
cause. In making such determination the juror challenged and any
other material witnesses, produced by the parties, may be examined
on oath by either party. The court may consider also any other
evidence material to such challenge
(m) Number of Challenges. Each party shall be allowed
three peremptory challenges.
(n) Alternate Jurors. If 1 or 2 alternate jurors are called,
each party is entitled to 1 peremptory challenge, in addition to
those otherwise allowed by law, for each alternate juror so called.
The additional peremptory challenge may be used only against the
alternate juror and the other peremptory challenges allowed by law
shall not be used against the alternate juror.
(o) Additional Challenges. The trial judge may exercise
discretion to allow additional peremptory challenges when
appropriate.
(p) Oath of Trial Jurors. The following oath shall be
administered to the jurors:
“Do you solemnly swear (or affirm) that you
will well and truly try the issues between the
State of Florida and the respondent and render
a true verdict according to the law and the
evidence, so help you God?”
If any juror affirms, the clause “so help you God” shall be omitted.
(q) Interview of a Juror. A party who believes that grounds
for legal challenge to a verdict exist may move for an order
permitting an interview of a juror or jurors to determine whether
the verdict is subject to the challenge. The motion shall be served
within 10 days after rendition of the verdict unless good cause is
shown for the failure to make the motion within that time. The
motion shall state the name and address of each juror to be
interviewed and the grounds for challenge that the party believes
may exist. After notice and hearing, the trial judge shall enter an
order denying the motion or permitting the interview. If the
interview is permitted, the court may prescribe the place, manner,
conditions, and scope of the interview.
(a) Number of Jurors.
(1) The jury shall be composed of six persons.
(2) The court may direct that 1 or more jurors be
impaneled to sit as alternate jurors in addition to the regular panel.
Alternate jurors shall replace jurors who have become unable or
disqualified to perform their duties, in the order in which they are
called, before the jury retires to consider its verdict. Alternate
jurors shall be drawn in the same manner, have the same
qualifications, be subject to the same examination, take the same
oath, and have the same functions, powers, facilities, and privileges
as principal jurors. An alternate juror who does not replace a
principal juror shall be discharged when the jury retires to consider
the verdict.
(3) If alternate jurors are called, each party shall be
entitled to one peremptory challenge in the selection of each
alternate juror. Additional peremptory challenges allowed pursuant
to this subdivision may be used only against the alternate jurors.
The peremptory challenges allowed pursuant to subdivision (d) of
this rule shall not be used against the alternate jurors.
(b) Questionnaire. The circuit court may require
prospective jurors to complete a questionnaire in the form approved
by the Supreme Court of Florida to assist in selecting prospective
jurors. The questionnaire shall be used after the names of jurors
have been selected as provided by law but before certification and
the placing of the names of prospective jurors in the jury box.
(c) Examination by Parties. The parties have the right to
examine jurors orally on their voir dire. The order in which the
parties may examine each juror shall be determined by the court.
The court may ask such questions of the jurors as it deems
necessary, but the right of the parties to conduct a reasonable
examination of each juror orally shall be preserved.
(d) Juror List. Upon request, any party shall be furnished
by the clerk of the court with a list containing names and addresses
of prospective jurors summoned to try the case together with copies
of all jury questionnaires returned by the prospective jurors.
(e) Challenge to the Panel. The state or defendant may
challenge the panel. A challenge to the panel may be made only on
the ground that the prospective jurors were not selected or drawn
according to law. Challenges to the panel shall be made and
decided before any individual juror is examined, unless otherwise
ordered by the court. A challenge to the panel shall be in writing
and shall specify the facts constituting the ground of the challenge.
Challenges to the panel shall be tried by the court. Upon the trial
of a challenge to the panel the witnesses may be examined on oath
by the court and may be so examined by either party. If the
challenge to the panel is sustained, the court shall discharge the
panel. If the challenge is not sustained, the individual jurors shall
be called.
(f) Oath for Voir Dire. The prospective jurors shall be
sworn collectively or individually, as the court may decide. The
form of oath shall be as follows:
“Do your solemnly swear (or affirm) that you
will answer truthfully all questions asked of
you as prospective jurors, so help you God?”
If any prospective juror affirms, the clause “so help you God” shall
be omitted.
(g) Examination. The court may then examine each
prospective juror individually or may examine the prospective jurors
collectively. Counsel for both the state and defendant shall have
the right to examine jurors orally on their voir dire. The order in
which the parties may examine each juror shall be determined by
the court. The right of the parties to conduct an examination of
each juror orally shall be preserved.
(h) Prospective Jurors Excused. If, after the examination
of any prospective juror, the court is of the opinion that the juror is
not qualified to serve as a trial juror, the court shall excuse the
juror from the trial of the cause. If, however, the court does not
excuse the juror, either party may then challenge the juror, as
provided by law or by these rules.
(i) Time for Challenge. The state or defendant may
challenge an individual prospective juror before the juror is sworn
to try the cause; except that the court may, for good cause, permit a
challenge to be made after the juror is sworn, but before any
evidence is presented.
(j) Exercise of Challenge. On the motion of any party, all
challenges shall be addressed to the court outside the hearing of
the jury panel in a manner selected by the court so that the jury
panel is not aware of the nature of the challenge, the party making
the challenge, or the basis of the court’s ruling on the challenge, if
for cause.
(k) Manner of Challenge. A challenge to an individual juror
may be oral. When a juror is challenged for cause the ground of the
challenge shall be stated.
(l) Determination of Challenge for Cause. The court shall
determine the validity of a challenge of an individual juror for
cause. In making such determination the juror challenged and any
other material witnesses, produced by the parties, may be examined
on oath by either party. The court may consider also any other
evidence material to such challenge
(m) Number of Challenges. Each party shall be allowed
three peremptory challenges.
(n) Alternate Jurors. If 1 or 2 alternate jurors are called,
each party is entitled to 1 peremptory challenge, in addition to
those otherwise allowed by law, for each alternate juror so called.
The additional peremptory challenge may be used only against the
alternate juror and the other peremptory challenges allowed by law
shall not be used against the alternate juror.
(o) Additional Challenges. The trial judge may exercise
discretion to allow additional peremptory challenges when
appropriate.
(p) Oath of Trial Jurors. The following oath shall be
administered to the jurors:
“Do you solemnly swear (or affirm) that you
will well and truly try the issues between the
State of Florida and the respondent and render
a true verdict according to the law and the
evidence, so help you God?”
If any juror affirms, the clause “so help you God” shall be omitted.
(q) Interview of a Juror. A party who believes that grounds
for legal challenge to a verdict exist may move for an order
permitting an interview of a juror or jurors to determine whether
the verdict is subject to the challenge. The motion shall be served
within 10 days after rendition of the verdict unless good cause is
shown for the failure to make the motion within that time. The
motion shall state the name and address of each juror to be
interviewed and the grounds for challenge that the party believes
may exist. After notice and hearing, the trial judge shall enter an
order denying the motion or permitting the interview. If the
interview is permitted, the court may prescribe the place, manner,
conditions, and scope of the interview.