Rule 1-047.Jurors

Last amended December 31, 2018 · Last verified June 26, 2026

In one sentenceRule 1-047 governs the examination of prospective jurors, alternate jurors and their challenges, and the confidentiality and destruction of juror qualification and questionnaire forms.

Full Text of Rule 1-047

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

A. Examination of jurors. The court may permit the parties or their attorneys to conduct the examination of prospective jurors or may 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 or shall itself submit to the prospective jurors such additional questions of the parties or their attorneys as it deems proper.

B. Alternate jurors. In any civil case, the court may direct that not more than six (6) jurors in addition to the regular jury be called and empaneled 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 one (1) peremptory challenge in addition to those otherwise allowed by law if one (1) or two (2) alternate jurors are to be empaneled, two (2) peremptory challenges if three (3) or four (4) alternate jurors are to be empaneled, and three (3) peremptory challenges if five (5) or six (6) alternate jurors are to be empaneled. 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. Juror qualification and questionnaire forms; retention schedule; certification of compliance with privacy requirements. Prior to the examination of prospective jurors under this rule, the court shall require each prospective juror to complete a juror qualification and questionnaire forms as approved by the Supreme Court, which shall be subject to the following protections:

(1) All completed juror qualification and questionnaire forms, including any electronic copies, in the possession of the court, attorneys, parties, and any other individual or entity shall be kept confidential unless ordered unsealed under the provisions in Rule 1-079 NMRA;

(2) All completed juror qualification and questionnaire forms, including any electronic copies, in the possession of the court, attorneys, parties, and any other individual or entity shall be destroyed according to the following deadlines:

(a) All copies in the possession of the court shall be destroyed ninety (90) days after expiration of the term of service of the juror or prospective juror unless an order has been entered directing their retention for a longer period of time; and

(b) All copies in the possession of the attorneys, parties, and any other individual or entity shall be destroyed within one hundred twenty (120) days after final disposition of the proceeding for which the juror or prospective juror was called unless permitted by written order of the court to retain the copies for a longer period of time, in which case the court’s order shall set the deadline for destruction of those copies; and

(3) On or before the destruction deadline required under this rule, all attorneys and parties shall file a certification under oath in a form approved by the Supreme Court that they have complied with the confidentiality and destruction requirements set forth in this paragraph.

D. Supplemental questionnaires. The court may order prospective jurors to complete supplemental questionnaires. Unless otherwise ordered by the court, the party requesting supplemental questionnaires shall be required to pay the actual costs of producing and mailing the supplemental questionnaires. The confidentiality and destruction protections in Subparagraphs (C)(1), (2), and (3) of this rule shall apply to any supplemental questionnaires ordered under this paragraph.

End

Rule History

[As amended by Supreme Court Order No. 13-8300-042, effective for all cases pending or filed on or after December 31, 2013; as amended by Supreme Court Order No. 18-8300-008, effective December 31, 2018.]

Committee Commentary

Paragraph C of this rule was added to clarify the procedure for using and retaining juror qualification and questionnaire forms. In cases where an issue may be raised on appeal concerning jury selection or a particular juror, the appellant may consider filing a motion in the district court within ninety (90) days of the jury verdict to request an order requiring the retention of the juror qualification and questionnaire forms for inclusion in the record proper filed in the appellate court. Paragraph C of this rule supersedes administrative regulations concerning the retention of juror qualification and questionnaire forms.

[Adopted by Supreme Court Order No. 13-8300-042, effective for all cases pending or filed on or after December 31, 2013; as amended by Supreme Court Order No. 18-8300-008, effective December 31, 2018.]

Plain-English Summary

This rule handles jury selection mechanics. The court may let the parties question prospective jurors or conduct the questioning itself, supplementing it with the parties’ further inquiries. In any civil case the court may seat up to six alternate jurors, who are selected, qualified, examined, and challenged like regular jurors and replace jurors who become unable to serve before deliberations; extra peremptory challenges are allowed depending on the number of alternates and may be used only against alternates.

The rule also protects juror privacy. Before examination, each prospective juror completes a qualification and questionnaire form, which is kept confidential and destroyed on set deadlines—ninety days after the term of service for the court’s copies, and 120 days after final disposition for the parties’ copies—and attorneys and parties must certify under oath that they complied. The same protections apply to any supplemental questionnaires the court orders.

Frequently Asked Questions

Who questions prospective jurors?

The court may permit the parties or their attorneys to conduct voir dire, or conduct it itself while allowing the parties to supplement with further questions.

What happens to juror questionnaires after a trial?

They are kept confidential and destroyed on deadlines—ninety days after the juror’s term for the court’s copies, and 120 days after final disposition for the parties’ copies—and counsel must certify compliance under oath.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-047 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source

Also known as: voir direexamination of jurorsalternate jurorsjuror questionnairejuror confidentiality