Rule 18 - Number of Peremptory Challenges(a)In criminal cases the defendant and prosecution each may challenge peremptorily: (1) twenty (20) jurors in prosecutions where the death penalty or life without parole is sought; (2) ten (10) jurors when neither the death penalty nor life without parole is sought in prosecutions for murder, and Class A, B, or C felonies, including enhancements, and Level 1, 2, 3, 4, or 5 felonies, including any enhancement(s); and(3) five (5) jurors in prosecutions for all other crimes. When several defendants are tried together, they must join their challenges.
(b) In civil cases each side may challenge peremptorily three (3) jurors. (c) In selection of alternate jurors in both civil and criminal cases: (1) one (1) peremptory challenge shall be allowed to each side in both criminal and civil cases for every two (2) alternate jurors to be seated; (2) the additional peremptory challenges under this subsection may be used only in selecting alternate jurors; and (3) peremptory challenges authorized for selection of jurors may not be used in selecting alternate jurors. (d) If it appears to the court that a particular peremptory challenge may have been used in a constitutionally impermissible manner, the court upon its own initiative may (a) inform the parties of the reasons for its concern, (b) require the party exercising the challenge to explain its reasons for the challenge, and (c) deny the challenge if the proffered basis is constitutionally impermissible. Amended Aug. 15, 2006, effective 1/1/2007; amended Sept. 2, 2014, effective retroactively to7/1/2014.