An objection to the qualifications of a juror must be made by a challenge unless the parties stipulate to excuse him. A challenge of a juror, or a challenge to the panel or array of jurors, shall be tried and determined by the court.
§ 4108.Challenges generally
Article 41. Trial by a Jury · Last amended 1963 · Last verified July 21, 2026
In one sentenceSection 4108 requires that any objection to a juror's qualifications be raised as a formal challenge unless the parties agree to excuse that juror, and it puts the court, not opposing counsel or other jurors, in charge of deciding every challenge.
Full Text of CPLR 4108
Plain-English Summary
Section 4108 sets the basic procedure for disputing a juror's fitness to serve. If a party thinks a prospective juror should not sit on the case, that objection has to come in the form of a challenge, not an informal remark to the court. The one shortcut the section allows is agreement: the parties can stipulate to excuse a juror without going through a formal challenge at all.
Whether the objection targets one juror or the whole panel, a challenge to the array, the decision belongs to the court alone. That single rule covers both varieties of challenge described in sections 4109 and 4110, peremptory challenges and challenges for cause, and it keeps jury selection from turning into a dispute the jurors themselves might have to referee.
Frequently Asked Questions
How do I object to a juror I think shouldn't be on my case?
You raise the objection as a challenge; the court then tries and decides it, unless the parties agree to excuse the juror by stipulation instead.
Can both sides just agree to excuse a juror without a formal challenge?
Yes, section 4108 lets the parties stipulate to excuse a juror without a challenge.
Who decides whether a juror should be excused for cause or by peremptory challenge?
The court decides every challenge, whether it targets a single juror or the entire panel.
Can I challenge the whole jury panel, not just one juror?
Yes, section 4108 covers a challenge to the panel or array of jurors as well as a challenge to an individual juror.
Do the other jurors have any say in whether a juror is excused?
No, the court alone tries and determines every challenge under this section.
Advisory Committee Notes
(See also Advisory Committee Notes preceding § 4101, under subheading “Number and selection of jurors.”). This section is based on the first two sentences of CPA § 450. The last sentence of § 450, which dealt with appeals, is unnecessary in view of CPLR § 5501(a)(3), which accomplishes the same purpose. The section makes it clear that parties may stipulate to excuse a juror. This will permit continuance of the practice in some courts of choosing juries without any intervention by the judge.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
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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