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Rule 47.Jurors

Part VI: Trials · Last amended October 15, 1992 · Last verified July 28, 2026

In one sentenceRule 47 has the Court alone conduct voir dire unless it directs otherwise, allows up to 6 alternate jurors with added peremptory challenges tied to how many are impaneled, and gives each party 3 peremptory challenges with discretion for the Court to allow more.

Full Text of Rule 47

Text sizeJump to: (a) (b) (c) (d)

(a) Examination on voir dire. In jury trials, the Court alone shall examine all jurors on the Voir Dire unless it shall otherwise direct. When the Court examines, either attorney may request the Court to examine the jurors as to certain matters, and the Court may do so if in its opinion such matters are the proper subject of inquiry. Voir Dire examination of the jury panel concerning contact with prospective witnesses shall be freely granted. All questions proposed by an attorney to be used in Voir Dire examination shall be submitted in writing to the Court prior to commencement of the drawing of the jury.
(b) 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 law shall not be used against an alternate juror.
(c) Peremptory challenges. Each party shall be entitled to 3 peremptory challenges. Several defendants or several plaintiffs may be considered as a single party for the purposes of making challenges, or the court may allow 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.
(d) Challenges, where parties are multiple. [Repealed].

Amendment History

Amended, effective Jan. 1, 1967; March 5, 1974; Oct. 13, 1976; Oct. 15, 1992.

Plain-English Summary

Rule 47(a) puts voir dire in the Court's hands: the Court alone examines prospective jurors unless it directs otherwise. Either attorney can ask the Court to inquire into particular matters, and the Court will do so if it considers the subject a proper one. Voir dire into a juror's contact with prospective witnesses is freely granted, and any questions an attorney wants asked have to be submitted in writing before the jury draw begins.

Rule 47(b) lets the Court impanel up to 6 alternate jurors alongside the regular jury. Alternates step in, in the order they were called, for jurors who become unable or are found disqualified to serve before the jury retires to deliberate; any alternate never called on is discharged once deliberations begin. Alternates are drawn the same way as regular jurors, meet the same qualifications, are examined and challenged the same way, take the same oath, and share the same powers and privileges. Impaneling alternates comes with extra peremptory challenges usable only against alternates — 1 additional challenge for 1 or 2 alternates, 2 for 3 or 4, and 3 for 5 or 6 — while the peremptory challenges otherwise allowed by law can't be used against an alternate.

Rule 47(c) gives each party 3 peremptory challenges. Multiple defendants or multiple plaintiffs can be treated as a single party for this purpose, or the Court can allow additional challenges and let them be exercised separately or jointly. The Court can also grant additional peremptory challenges for good cause, but a request for more has to come before the jury draw begins, or by whatever earlier deadline the Court sets.

Frequently Asked Questions

Who questions prospective jurors during voir dire in Delaware Superior Court?

Rule 47(a) has the Court alone examine jurors on voir dire unless it directs otherwise, though either attorney may ask the Court to inquire into particular matters.

How many alternate jurors can be impaneled in a Delaware jury trial?

Rule 47(b) allows the Court to direct up to 6 alternate jurors in addition to the regular jury.

How many peremptory challenges does each side get?

Rule 47(c) gives each party 3 peremptory challenges, though the Court can allow additional ones for good cause on a timely request.

Do alternate jurors get extra peremptory challenges applied against them?

Yes. Rule 47(b) adds 1 to 3 peremptory challenges depending on how many alternates are impaneled, usable only against alternate jurors, while the challenges otherwise allowed by law can't be used against an alternate.

Can multiple defendants be treated as one party for purposes of peremptory challenges?

Rule 47(c) allows the Court to treat several defendants or several plaintiffs as a single party for challenges, or to allow additional challenges exercised separately or jointly.

Source & verification. Rule text is reproduced verbatim from the Delaware Rules of Civil Procedure for the Superior Court, adopted by the Superior Court of the State of Delaware. Last verified July 28, 2026. · Official source
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