On application of any party, a judge shall be present at the examination of the jurors.
R 4107.Judge present at examination of jurors
Article 41. Trial by a Jury · Not amended since adoption on record · Last verified July 21, 2026
In one sentenceRule 4107 guarantees that a judge will be present during jury selection whenever any party in the case asks the court for one, rather than leaving voir dire to run without judicial oversight.
Full Text of CPLR 4107
Plain-English Summary
Jury selection can happen with or without a judge in the room, depending on local court practice. Rule 4107 makes sure a judge is available whenever a party wants one there: on application of any party, a judge must be present at the examination of the jurors. The rule does not require a judge at every voir dire, but it removes the court's discretion to refuse once a party asks.
The rule leaves it to local court rules to decide which judge fills that role, so the judge conducting voir dire does not have to be the same judge who will preside over the trial itself. That flexibility keeps the rule workable in courthouses where the judge assigned to a case might be occupied with another trial when jury selection begins.
Frequently Asked Questions
Can I insist that a judge be present while the jury is being picked?
Yes, on your application, rule 4107 requires a judge to be present at the examination of the jurors.
Is a judge always in the room during jury selection in New York?
Not automatically; a judge's presence is guaranteed only when a party applies for one under this rule.
Does the judge presiding at voir dire have to be the same judge who tries the case?
No, local court rules decide which judge is present at jury selection, so it need not be the trial judge.
What happens if no party asks for a judge to be present at jury selection?
The rule does not require it, so voir dire can proceed under whatever supervision the local court practice provides.
Who decides which judge handles jury selection when several judges are available?
Local court rules govern that assignment; rule 4107 only guarantees that some judge will be present once a party asks.
Advisory Committee Notes
(See also Advisory Committee Notes preceding § 4101, under subheading “Number and selection of jurors.”). Under this section, a judge must be present at the drawing of the jury upon the application of any party, but he may not.
Revision Notes: The 1964 amendment was proposed in order to prevent an interpretation that the judge to be present at the voir dire must be “the judge” assigned to try the case—an interpretation which could cause serious problems if such judge were then sitting at another trial. The specification of the particular judge to be present at the voir dire is now left to implementing local court rules conduct the voir dire.
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
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