(a) Examination of prospective jurors. The court shall permit the parties or their attorneys to conduct the examination of prospective jurors.
Rule 47.Jurors
Part VI: Trials · Last amended 2006 · Last verified July 16, 2026
In one sentenceRule 15-6-47 requires the court to let the parties or their attorneys question prospective jurors, and lets the court impanel up to six alternates, chosen and treated the same as regular jurors, with extra peremptory challenges scaled to how many alternates are seated.
Full Text of Rule 15-6-47
(b) Alternate jurors. The court may direct that not more than six jurors in addition to the regular jury be called and impaneled 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 peremptory challenge in addition to those otherwise allowed by law if one or two alternate jurors are to be impaneled, two peremptory challenges if three or four alternate jurors are to be impaneled, and three peremptory challenges if five or six alternate jurors are to be impaneled. 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. The court may for good cause excuse a juror from service during trial or deliberation.
Plain-English Summary
Rule 15-6-47 puts jury selection in the parties’ hands. The court has to permit the parties or their attorneys to conduct the examination of prospective jurors, rather than handling voir dire itself.
The rule also lets the court seat alternate jurors, up to six of them, alongside the regular jury. Alternates step in, in the order they were called, for regular jurors who become unable or disqualified to serve before the jury retires to deliberate. Getting there, an alternate goes through the same drawing process, meets the same qualifications, faces the same examination and challenges, takes the same oath, and holds the same functions, powers, facilities, and privileges as a regular juror. An alternate who never replaces anyone is discharged once the jury retires.
Seating alternates comes with extra peremptory challenges: one more if one or two alternates are impaneled, two more for three or four, three more for five or six. Those extra challenges can be used only against an alternate, and the ordinary peremptory challenges cannot be used against one. Beyond selection, the court can excuse a juror for good cause during the trial or the deliberations.
Frequently Asked Questions
Who questions prospective jurors in a South Dakota civil trial?
Rule 15-6-47 requires the court to let the parties or their attorneys conduct that examination.
How many alternate jurors can a South Dakota court seat?
Up to six, in addition to the regular jury, under Rule 15-6-47.
Do alternate jurors go through the same selection process as regular jurors?
Yes. Rule 15-6-47 gives alternates the same drawing method, qualifications, examination, challenges, oath, and functions as regular jurors.
Do I get extra peremptory challenges if alternates are seated?
Yes. Rule 15-6-47 grants one additional challenge for one or two alternates, two for three or four, and three for five or six, usable only against an alternate juror.
Can a juror be excused once the trial has already started?
Yes. Rule 15-6-47 lets the court excuse a juror for good cause during trial or deliberation.
Amendment History
(a)SD RCP, Rule 47 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
(b)SDC 1939 & Supp 1960, § 33.1327; SD RCP, Rule 47 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; as amended by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969; 2006, ch 316 (Supreme Court Rule 06-42).
Source & verification. Rule text and History are
reproduced verbatim from the South Dakota Codified Laws, published by the
South Dakota Legislative Research Council. Last verified July 16, 2026.
· Official source
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