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 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 counsel and by briefly outlining the nature of the
case. The judge and counsel 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 4.44.200 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
law and the facts.
(2) Trial of Challenge. 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. In prosecutions for
capital offenses the defense and the state may challenge
peremptorily 12 jurors each; in prosecution for offenses
punishable by imprisonment in the state Department of Corrections
6 jurors each; in all other prosecutions, 3 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
prosecution 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.
Comment
Supersedes RCW 10.49.030, .040, .050, .060.
Amended Effective December 26, 2000
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