RULE 6.4
CHALLENGES
(a) Challenges to the Entire Panel. Challenges to the entire panel
shall only be sustained for a material departure from the procedures
prescribed by law for their selection.
(b) Voir Dire. A voir dire examination shall be conducted under oath
for the purpose of discovering any basis for challenge for cause and for
the purpose of gaining knowledge to enable an intelligent exercise of
peremptory challenges. The judge shall initiate the voir dire examination
by identifying the parties and their respective lawyers and by briefly
outlining the nature of the case. The judge and the lawyers may then ask
the prospective jurors questions touching their qualifications to serve as
jurors in the case, subject to the supervision of the court as appropriate
to the facts of the case.
(c) Challenges for Cause.
(1) If the judge after examination of any juror is of the opinion that
grounds for challenge are present, he or she shall excuse that juror from
the trial of the case. If the judge does not excuse the juror, any party
may challenge the juror for cause.
(2) RCW 4.44.150 through 4.44.190 shall govern challenges for cause.
(d) Exceptions to Challenge.
(1) Determination. The challenge may be excepted to by the adverse
party for insufficiency and, if so, the court shall determine the
sufficiency thereof, assuming the facts alleged therein to be true. The
challenge may be denied by the adverse party and, if so, the court shall
try the issue and determine the laws and the facts.
(2) Trial of Challenges. Upon trial of a challenge, the rules of
evidence applicable to testimony offered upon the trial of an ordinary
issue of fact shall govern. The juror challenged, or any other person
otherwise competent, may be examined as a witness by either party. If a
challenge be determined to be sufficient, or if found to be true, as the
case may be, it shall be allowed, and the juror to whom it was taken
excluded; but if not so determined or found otherwise, it shall be
disallowed.
(e) Peremptory Challenges.
(1) Peremptory Challenges Defined. A peremptory challenge is an
objection to a juror for which there is no reason given, but upon which the
court shall exclude the juror. The defense and the prosecuting authority
may peremptorily challenge three jurors each. When several defendants are
on trial together, each defendant shall be entitled to one challenge in
addition to the number of challenges provided above, with discretion in the
trial judge to afford the prosecuting authority such additional challenges
as circumstances warrant.
(2) Peremptory Challenges--How Taken. After prospective jurors have
been passed for cause, peremptory challenges shall be exercised alternately
first by the prosecution then by each defendant, until the peremptory
challenges are exhausted or the jury accepted. Acceptance of the jury as
presently constituted shall not waive any remaining peremptory challenges
to jurors subsequently called.
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