Group VI: Trials · Last amended March 1, 2024 · Last verified July 15, 2026
In one sentenceRule 47 sets how prospective jurors are examined and excused, gives each side four peremptory challenges taken alternately starting with the plaintiff, and lets the court seat one or two alternate jurors who can even replace a juror after deliberations have begun.
(1)Prospective jurors. The court must call for examination not more than the number of prospective jurors that equals the number of jurors necessary for the jury plus the number of peremptory challenges available to the parties, unless otherwise stipulated by the parties and approved by the court. If, after the parties have exercised their challenges, there are more jurors than required by Rule 48, the excess jurors must be excused in the inverse order in which they were called.
(2)Examination. The court may examine prospective jurors itself and it must permit the parties or their attorneys to make their own examination. The court may allow individual examination of prospective jurors in chambers.
(b)Challenges for cause. If the court, after examination of any prospective juror, finds grounds for challenge for cause, the court must excuse that prospective juror. If the court does not excuse a prospective juror for cause, any party may make a challenge for cause.
(1)Number. Regardless of the size of the jury or the number of parties on a side, each side is entitled to four peremptory challenges. If the parties on a side have adverse or antagonistic interests, the court may grant them additional peremptory challenges.
(2)Procedure. All parties on a side must join in the challenge before it can be made unless the court, for good cause, permits otherwise. Peremptory challenges must be taken by the parties alternately, commencing with the plaintiff.
(1)In general. The court may direct that one or two jurors, in addition to the regular panel, be called and impaneled to sit as alternate jurors. Alternate jurors, in the order they are called, replace jurors who become or are found to be unable or disqualified to perform their duties.
(2)Procedure. Alternate jurors must be drawn in the same manner, have the same qualifications, be subject to the same examination and challenges, take the same oath, and have the same functions, powers, facilities, and privileges as the principal jurors. The court may retain alternate jurors after the jury retires to deliberate. The court must ensure that a retained alternate juror does not discuss the case with anyone until that alternate juror replaces a juror or is discharged. If an alternate juror replaces a juror after deliberations have begun, the court must instruct the jury to begin its deliberations anew.
(3)Peremptory challenges. If one or two alternate jurors are called each side is entitled to one peremptory challenge in addition to those otherwise allowed by this rule. The additional peremptory challenge may be used only against an alternate juror, and the other peremptory challenges allowed by this rule may not be used against the alternate jurors.
Explanatory Note
Rule 47 was amended, effective January 1, 1979; January 1, 1988; September 1, 1990; March 1, 2003; March 1, 2011; March 1, 2024.
Rule 47 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Rule 47 was amended, effective March 1, 2011, to interchange subdivisions (b) and (c). Former subdivision (b) became subdivision (c), and former subdivision (c) became subdivision (b).
Subdivision (a) was amended, effective January 1, 1988, to provide for a uniform jury selection process. Subdivision (c), formerly subdivision (b), was amended, effective September 1, 1990, to reduce the number of peremptory challenges from six to four per side. Subdivision (b), formerly subdivision (c), was adopted, effective January 1, 1979, and was derived from N.D.R.Crim.P. 24. Subdivision (d) was amended, effective March 1, 2003, to clarify that each "side" is entitled to assert one peremptory challenge against an alternate juror. Subdivision (d) was amended, effective March 1, 2024, to allow the court to retain alternate jurors after the jury retires to deliberate.
Plain-English Summary
Rule 47(a) controls the front end of jury selection. The court calls no more prospective jurors for examination than the number needed for the jury plus the peremptory challenges available to the parties, unless the parties stipulate otherwise and the court approves. Once the parties have exercised their challenges, any jurors left over than required by Rule 48 are excused in the reverse order they were called. The court may examine prospective jurors itself, but it must let the parties or their attorneys conduct their own examination as well, and it may allow individual examination in chambers when that makes sense.
Challenges come in two forms. Under Rule 47(b), if the court finds grounds for a challenge for cause after examining a prospective juror, it must excuse that juror; if the court does not excuse the juror, any party can still raise the challenge itself. Rule 47(c) covers peremptory challenges: each side gets four, regardless of the jury's size or how many parties sit on a side, though the court can grant more if parties on the same side have adverse or antagonistic interests. All parties on a side must join in a peremptory challenge unless the court permits otherwise for good cause, and the challenges are taken alternately, starting with the plaintiff.
Rule 47(d) governs alternate jurors. The court may seat one or two in addition to the regular panel, and they step in, in the order called, for any juror unable or disqualified to serve. Alternates are drawn the same way, meet the same qualifications, face the same examination and challenges, take the same oath, and carry the same functions as the principal jurors. The court may retain alternates even after the jury retires to deliberate, but must make sure a retained alternate does not discuss the case with anyone until replacing a juror or being discharged — and if an alternate steps in after deliberations have started, the court must instruct the jury to begin deliberating anew. Each side also gets one additional peremptory challenge when one or two alternates are called, usable only against an alternate and not interchangeable with the regular challenges.
Frequently Asked Questions
How many people get called for jury examination in a North Dakota civil case?
Rule 47(a)(1) limits the call to not more than the number of jurors needed plus the peremptory challenges available to the parties, unless the parties stipulate otherwise and the court approves.
How many peremptory challenges does each side get?
Rule 47(c)(1) gives each side four peremptory challenges regardless of the jury's size or the number of parties on a side, though the court may grant additional challenges if parties on one side have adverse or antagonistic interests.
Who exercises peremptory challenges first?
Rule 47(c)(2) requires peremptory challenges to be taken alternately by the parties, commencing with the plaintiff.
Can an alternate juror replace someone after deliberations have already started?
Yes. Rule 47(d) allows the court to retain alternate jurors after the jury retires to deliberate, and if an alternate replaces a juror once deliberations have begun, the court must instruct the jury to begin its deliberations anew.
Do I get an extra peremptory challenge when the court seats alternate jurors?
Yes. Rule 47(d)(3) gives each side one additional peremptory challenge when one or two alternates are called, but it can be used only against an alternate juror, and the regular challenges cannot be used against alternates.
Source & verification. Rule text and the Explanatory Note are
reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the
Supreme Court of North Dakota. Last verified July 15, 2026.
· Official source
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