Rule 47.Jurors and peremptory challenges

Current through July 1, 2026 · Last verified July 13, 2026

In one sentenceRule 47 sets the size of an Indiana civil jury at six members, allows up to three alternates, allocates peremptory challenges between the regular panel and any alternates, and spells out how the court and the parties question prospective jurors before trial.

Full Text of Rule 47

Text sizeJump to: (A) (B) (C) (D)

(A) Number of jurors in civil cases. In all civil cases, the jury shall consist of six (6) members.

(B) Alternate Jurors. The Court may direct that no more than three (3) 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 returns 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 exam- ination 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 reg- ular juror shall be discharged after the jury brings in its verdict. If alternate jurors are per- mitted to attend deliberations, they shall be instructed not to participate.

(1) Each side shall have three (3) peremptory challenges.

(2) In addition to the peremptory challenges under subsection (1), each side is entitled to:

(a) one (1) peremptory challenge if the court directs that one (1) or two alternate jurors are to be impanelled; or

(b) two (2) peremptory challenges if the court directs that three (3) alternate jurors are to be impanelled.

(3) The additional peremptory challenges under subsection (2) may be used only against alternate jurors and the peremptory challenges under subsection (1) may not be used against alternate jurors.

(D) Examination of jurors. The court shall permit the parties or their attorneys to conduct the examination of pro- spective jurors, and may conduct examination itself. The court’s examination may include questions, if any, submitted in writing by any party or attorney. If the court conducts the examination, it shall permit the parties or their attorneys to supplement the examination by further inquiry. The court may impose an advance time limitation upon such examination by the parties or their attorneys. At the expiration of said limitation, the court shall liberally grant additional reasonable time upon a showing of good cause related to the nature of the case, the quantity of prospective jurors examined and juror vacancies remaining, and the manner and content of the inquiries and responses given by the prospective jurors. The court may prohibit the parties and their attorneys from examination which is repetitive, argu- mentative, or otherwise improper but shall permit reasonable inquiry of the panel and indi- vidual prospective jurors.

Amendment History

This rule’s current text took effect March 1, 1997. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.

Plain-English Summary

Rule 47 starts with the basic makeup of a civil jury in Indiana: six members, not the twelve many people picture from television. Subsection (B) lets the court add up to three alternate jurors — extra jurors who sit through the whole trial alongside the regular six in case someone has to drop out before the verdict comes in. Alternates go through the same selection process as everyone else: the same qualifications, the same questioning, the same oath, the same role in the courtroom. If a regular juror becomes unable to serve or is disqualified before the verdict, the alternates step in, in the order they were called. Any alternate who never replaces a regular juror is discharged once the jury returns its verdict. If the court allows alternates to sit in on deliberations — not the norm — they have to be told beforehand that they may listen but cannot take part.

Subsection (C) covers peremptory challenges — strikes each side can use to remove a prospective juror without stating a reason. Each side starts with three. When the court plans to seat alternates, each side gets more: one additional challenge if the court is seating one or two alternates, two additional challenges if it is seating three. Those extra strikes exist only to shape the alternate pool — they cannot be used against a member of the regular panel, and the original three challenges cannot be used against an alternate. The two pools of challenges stay separate.

Subsection (D) governs how prospective jurors get questioned. The court must let the parties or their lawyers question the panel, and the court may question the panel as well, including by asking written questions a party submitted in advance. If the judge handles the questioning, the parties still get to follow up with their own questions. A court can set a time limit on this questioning in advance, but it has to loosen that limit generously once a party shows good cause tied to the case’s complexity, how many jurors have already been examined, and how the questioning has gone so far. The court can also shut down questioning that is repetitive, argumentative, or otherwise improper, but it still has to allow a fair opportunity to question the panel as a whole and jurors one at a time.

Frequently Asked Questions

How many people sit on a civil jury in Indiana?

Six, under Rule 47(A). This is the standard size for Indiana civil trials unless the parties agree to something different under Rule 48.

How many alternate jurors can the court seat?

Up to three. Alternates are chosen the same way as the regular jurors and sit through the whole trial in case one of the six needs to be replaced before the verdict.

What happens to an alternate juror who never has to step in?

The court discharges that alternate after the jury returns its verdict.

Can alternate jurors watch the jury deliberate?

Only if the court allows it, and even then they have to be instructed not to take part in the discussion — they may observe, not weigh in.

How many peremptory challenges does each side get?

Three as a baseline. If the court is seating one or two alternates, each side gets one additional challenge; if it is seating three alternates, each side gets two additional challenges. The extra challenges can be used only against prospective alternates.

Can I use one of my three regular peremptory challenges against an alternate juror candidate?

No. Rule 47(C)(3) keeps the two sets of challenges separate — the base three cannot be used on alternates, and the alternate-only challenges cannot be used on the regular panel.

Can the judge cut off my questioning of prospective jurors?

The court can set an initial time limit, but it must liberally extend that limit for good cause connected to the case’s nature, how many jurors remain to be questioned, and how the questioning has gone. The court can also stop questioning that is repetitive, argumentative, or improper, while still allowing reasonable inquiry of the panel.

Source & verification. The rule text is reproduced verbatim from the official Indiana Rules of Trial Procedure (T.R. 47). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. · Official source

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