(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.
Rule 47.Selecting jurors
Current through January 1, 2025 · Last verified July 8, 2026
In one sentenceRule 47 lets the court or the parties' attorneys examine prospective jurors, sets a standard jury of six with two peremptory challenges per side exercised alternately, allows up to six alternate jurors with their own additional peremptory challenges, and lets the court excuse a juror for good cause during trial or deliberation.
Full Text of Rule 47
(b) Jury selection. Unless the court directs that a jury shall consist of a greater number, a jury shall consist of six persons. The plaintiff and the defendant shall each have two preemptory challenges which shall be exercised one at a time, alternately, beginning with the plaintiff. Several defendants or several plaintiffs may be considered as a single party for the purpose of exercising challenges, or the court may allow additional peremptory challenges and permit them to be exercised separately or jointly.
(c) 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 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. Each side is entitled to 1 additional peremptory challenge if 1 to 3 alternate jurors are to be impaneled and 2 additional peremptory challenges if 4 to 6 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.
(d) Excuse. – The court may for good cause excuse a juror from service during trial or deliberation.
Amendment History
The current West Virginia Rules of Civil Procedure took effect January 1, 2025, as part of a rewrite that modernized the rules’ numbering and structure. West Virginia does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own January 1, 2025 update; for the underlying adopting order and any later amendments, see the West Virginia Judiciary’s compiled rules page.
Plain-English Summary
Rule 47 governs how a jury gets picked. The court can let the parties or their attorneys question prospective jurors directly, conduct the examination itself, or some mix of both — supplementing its own questions with the parties' additional inquiries, or asking the parties' proposed questions itself.
Unless the court orders a larger panel, a West Virginia civil jury has six members. Plaintiff and defendant each get two peremptory challenges, exercised one at a time, alternating starting with the plaintiff; multiple plaintiffs or multiple defendants can be treated as a single party for this purpose, or the court can allow extra challenges to be used separately.
The court can also seat up to six alternate jurors, drawn, qualified, examined, challenged, and sworn the same way as the regular jurors, ready to step in if a juror can't continue. Each side gets one extra peremptory challenge if one to three alternates are seated, or two extra if four to six are seated — but those extra challenges can only be used against an alternate, not folded into the challenges used on the regular panel.
And at any point during trial or deliberation, the court can excuse a juror for good cause.
Frequently Asked Questions
Who questions prospective jurors during jury selection?
The court can let the parties or their attorneys conduct the examination, conduct it itself while allowing the parties to supplement it, or ask the parties' proposed questions on their behalf.
How many peremptory challenges does each side get?
Two each for the plaintiff and defendant, exercised one at a time, alternating and starting with the plaintiff, unless the court allows additional challenges for multiple parties on one side.
How many alternate jurors can a court seat, and do the parties get extra challenges for them?
Up to six alternates. Each side gets one additional peremptory challenge if one to three alternates are seated, or two if four to six are seated — usable only against an alternate juror.
Source & verification. The rule text is reproduced verbatim from the
official West Virginia Rules of Civil Procedure (W. Va. R. Civ. P. 47). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. ·
Official source
Also known as: jury selectionperemptory challengesalternate jurorsvoir dire West Virginia