(a) Examination of Jurors. The Court shall either permit the parties or their attorneys to conduct the examination of prospective jurors or itself conduct the examination. In the latter event, the court shall permit the parties or their attorneys to supplement the examination by such further inquiry as it deems proper.
Rule 47.Jurors
Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 47 gives the trial court control over how jurors are questioned during voir dire and sets the rules for calling, seating, and replacing alternate jurors in a civil trial.
Full Text of Rule 47
(b) 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 qualifications, 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 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.
Reporter's Notes
Reporter’s Notes to Rule 47: 1. Section of this rule is identical to FRCP 47(a) and confers upon the trial court broad discretion in the examination of prospective jurors. Labbee v. Roadway Express, Inc., 469 F. 2d 169 (C.C.A. 8th, 1972); Kiernan v. Van Schaik, 347 F. 2d 775 (C.C.A. 3rd, 1965). Prior Arkansas law was governed by superseded Ark. Stat. Ann. § 39-226 (Repl. 1962), which likewise left the mode and manner of voir dire to the discretion of the trial court. This discretion did not, however, vest the trial court with arbitrary authority to prohibit voir dire by counsel. Missouri Pacific Transp. Co. v. Johnson, 197 Ark. 1129, 126 S.W.2d 931 (1939). In drafting this rule, the Committee intended to vest the trial court with sufficient authority to limit voir dire to a reasonable inquiry, but not to prohibit reasonable voir dire by counsel.
2. Section (b) is substantially the same as FRCP 47(b) as it existed prior to the 1966 amendments. Prior thereto, the Federal Rule limited alternate jurors to one or two in number, whereas the present Federal Rule permits the court to seat as many as six alternates. The Committee doubted the need for more than two alternates in civil cases in this State and in most court facilities there is insufficient room to seat a large number of alternate jurors. Accordingly, the Committee determined that alternate jurors should be limited to two in number. 3. Prior Arkansas law was governed by superseded Ark. Stat. Ann. § 39-232 (Repl. 1962), which provided that not more than three alternate jurors could be called and impanelled. This rule continues the provisions of superseded Ark. Stat. Ann. § 39-234 (Repl. 1962) wherein it provided that one additional peremptory challenge was allowed when alternate jurors were used, but that such additional challenge could be used only against an alternate juror. Thus the only change in Arkansas law effected by Section (b) is the reduction from three to two in the number of alternate jurors which may be used.
Plain-English Summary
Rule 47(a) puts the trial judge in the driver's seat on jury selection. The court can let the lawyers question prospective jurors directly, or conduct the questioning itself -- but if the judge takes the lead, the lawyers still get a chance to ask follow-up questions of their own. That flexibility gives trial judges room to manage voir dire efficiently while preserving each side's ability to probe for bias or a reason to strike a juror.
Rule 47(b) addresses what happens when a juror cannot finish the trial. The court may seat up to two alternate jurors alongside the regular panel. Alternates go through the same selection process, take the same oath, and sit through the trial with the same responsibilities as everyone else on the jury -- the difference only shows up if a regular juror becomes unable or unfit to continue before deliberations begin, at which point an alternate steps in, in the order the alternates were called. Anyone left over once the jury retires to deliberate is discharged rather than joining the deliberations.
Because alternates add uncertainty to the jury's composition, the rule gives each side one extra peremptory challenge when one or two alternates will be seated. That extra strike can only be used against a prospective alternate -- it does not add to the pool of strikes available against the regular jurors, and the ordinary peremptory challenges cannot be turned around and used on an alternate instead.
Frequently Asked Questions
Who conducts voir dire in an Arkansas civil trial -- the judge or the lawyers?
Either, at the trial court’s discretion. The court can let the parties or their attorneys question the panel directly, or handle the questioning itself. If the judge conducts it, the lawyers still get an opportunity to ask supplemental questions.
Can the trial court refuse to let attorneys ask any questions during jury selection?
The rule gives the court broad discretion to structure and limit voir dire, but that discretion is meant to keep questioning reasonable, not to shut attorneys out of the process entirely.
How many alternate jurors can a court seat in a civil case?
Up to two. Rule 47(b) caps the number of alternates at two, regardless of how many extras a party might want given a long or complex trial.
Do alternate jurors go through the same process as regular jurors?
Yes. They are drawn the same way, meet the same qualifications, take the same oath, and have the same duties and privileges as the regular jurors throughout the trial.
What happens to an alternate juror who never replaces anyone?
Once the jury retires to consider its verdict, any alternate who has not stepped in for a regular juror is discharged and does not take part in deliberations.
Do parties get extra strikes when alternate jurors are being seated?
Yes. Each side gets one additional peremptory challenge when one or two alternates are to be seated, but that extra challenge can be used only against a prospective alternate juror, not against the regular panel.
Source & verification. Rule text, Reporter's Notes, and amendment
history are reproduced verbatim from the Arkansas Rules of Civil Procedure, prescribed by
the Arkansas Supreme Court. The plain-English summary is original and written by us.
Last verified July 13, 2026. ·
Official source
Also known as: voir dire arkansasjury selection arkansas civilalternate jurors arkansasperemptory challenges arkansasquestioning prospective jurors