The first six persons who appear as their names are drawn and called, and are approved as indifferent between the parties, and not discharged or excused, must be sworn and constitute the jury to try the issue.
§ 4105.Persons who constitute the jury
Article 41. Trial by a Jury · Last amended 1972 · Last verified July 21, 2026
In one sentenceSection 4105 explains how the trial jury itself is chosen: the first six prospective jurors drawn and called who are approved as impartial and not excused must be sworn in and become the jury for that trial.
Full Text of CPLR 4105
Plain-English Summary
Once a panel of prospective jurors is available, section 4105 tells the court how to fill the jury box. The first six people whose names are drawn and called, who are found impartial between the parties, and who are not discharged or excused for any reason, get sworn in and become the jury that hears the case. There is no ranking or selection beyond that order: whoever clears the first six slots sits.
The section reads much as it did when juries could still number twelve, with one change: it now refers to the first six names called instead of the first twelve, mirroring the six-person jury that section 4104 requires. Read together with the challenge procedures in sections 4108 through 4110, this section describes the finish line those challenges lead to, the point at which a panel of candidates becomes the actual jury.
Frequently Asked Questions
How is a jury picked from the pool of potential jurors in New York?
The first six people drawn and called, found impartial, and not excused or discharged are sworn in and become the jury.
Does the order jurors are called in matter?
Yes, the jury consists of whichever six qualifying people are reached first in that order, not a selection made afterward from a larger pool.
What does it mean for a juror to be 'approved as indifferent between the parties'?
It means the juror has been found impartial, without a disqualifying interest or bias toward either side, during the challenge process described in sections 4108 through 4110.
Why does this section only mention six jurors instead of twelve?
Because section 4104 fixed the size of a civil jury at six, this section was updated to match.
What happens to a juror who is challenged or excused before being sworn?
They are skipped over, and the court moves on to the next name drawn and called until six qualifying jurors are sworn in.
Advisory Committee Notes
(See also Advisory Committee Notes preceding § 4101, under subheading “Number and selection of jurors.”). This section is former § 448 unchanged except that it is no longer possible to refer to the first twelve persons who appear because the jury may consist of six or twelve persons under CPLR § 4104.
Amendment History
Add, L 1962, ch 308; amd, L 1972, ch 185, § 2, eff May 28, 1972.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: how jurors are selected New York civil trialwho sits on the jury New Yorkjury selection order New York civil case