Art. 1766.Time For Challenges; Method
Book II. Ordinary Proceedings · Title V. Trial · Chapter 7. Jury Trial · Last amended 1990 · Last verified July 30, 2026
Full Text of Art. 1766
Amendment History
Acts 1983, No. 534, §5; Acts 1990, No. 703, §1.
Plain-English Summary
Article 1766 walks through the mechanics of challenging a juror in order. After a prospective juror has been examined under Article 1763, the court may excuse that juror on its own; if the court does not, either side may challenge for cause. If the juror survives that stage, any party may then exercise a peremptory challenge, with the court alternating between the sides as it asks each in turn whether it wants to strike that juror. Once the entire jury has been accepted and sworn, the right to challenge peremptorily ends.
Paragraph D governs how a peremptory challenge gets made: not out loud in open court, but in a side-bar conference among the judge, the attorneys conducting the voir dire, and any self-represented plaintiff or defendant. The conference happens on the record but out of the prospective jurors' presence, and the challenges made there stay confidential — known only to the court, the attorneys, and any pro se party — until the court announces the results without identifying which party or attorney struck which juror. That confidentiality is meant to keep prospective jurors from associating a particular side with having struck them, preserving the jury pool's neutrality toward the parties.
Frequently Asked Questions
When can a party exercise a peremptory challenge against a juror?
After the juror has survived examination and any for-cause challenge, with the court alternating between the sides as it inquires whether each wants to strike that juror.
Can peremptory challenges be made after the jury has been sworn?
No. Article 1766(C) ends the right to challenge peremptorily once the entire jury has been accepted and sworn.
Why are peremptory challenges made at a side bar instead of in open court?
To keep the prospective jurors from learning who struck them until the court announces the results, and to keep the process confidential and on the record.
Who is present at the side-bar conference for peremptory challenges?
The judge, the attorneys conducting the voir dire examination, and a self-represented plaintiff or defendant, if either is proceeding without an attorney.