Del. Super. Ct. Crim. R. 24

(a) Examination. In addition to the examination required by 11 Del. C. § 3301 in capital cases, the court

shall conduct or permit such examination as is reasonably calculated to ascertain prejudice of a juror. The

court shall itself conduct the examination of prospective jurors. The court shall permit the defendant or

the defendant’s attorney and the attorney general to supplement the examination by such further inquiry

as it deems proper or shall itself submit to the prospective jurors such additional questions by the parties

or their attorneys as it deems proper. Except for questions whose need arises in the course of the

examination, all questions proposed by an attorney shall be in writing and shall be served on the other

parties and submitted to the court before commencement of the drawing of the jury or at such earlier time

as ordered by the court. Except for the statutory questions in capital cases, questions may, in the court’s

discretion, be directed to the array or to prospective jurors individually or some questions may be directed

to the array and some to prospective jurors individually. The order of individual examination shall be

random. The order may be determined manually or electronically and may be determined in advance of

when each prospective juror is called for questioning. If determined in advance, the order of individual

examination will not be disclosed to the parties.

(b) Peremptory challenges.

(1) Number of challenges. In capital cases, the state shall be entitled to 12 peremptory challenges and

the defendant or defendants shall be entitled to a total of 20 peremptory challenges. In noncapital

cases, the state shall be entitled to 6 peremptory challenges and the defendant or defendants shall be

entitled to a total of 6 peremptory challenges.

(2) Additional challenges. If there is more than one defendant, the court may allow the defendants

additional peremptory challenges and permit them to be exercised separately or jointly. For good

cause, the court may grant the parties such additional peremptory challenges as the court, in its

discretion, deems appropriate. A request for additional challenges shall be made before

commencement of the drawing of the jury or at such earlier time as ordered by the court.

(3) Exercise of challenges.

(A) Capital cases. In capital cases, peremptory challenges shall be exercised at the conclusion of

the examination of each prospective juror. The defendant or defendants shall first challenge or

announce that they are content with the first prospective juror examined, the state shall first

challenge or announce that it is content with the next prospective juror, and so on alternately until

the jury is selected. Announcement that a party is content shall not count as the exercise of a

challenge.

(B) Noncapital cases. In noncapital cases, peremptory challenges shall be exercised after the

prospective jurors have been impanelled. The defendant or defendants shall first challenge or

announce that they are content and the parties shall thereafter challenge alternately until all

parties have exhausted their challenges. Announcement that a party is content shall count as the

exercise of a challenge. A party may not later challenge a prospective juror who was impanelled

when the announcement was made unless the court grants relief from this restriction for good

cause.

(c) Alternate jurors. The court may direct that not more than 6 jurors in addition to the regular jury be

called and impanelled 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 1 peremptory challenge in addition to those otherwise allowed by law if 1 or 2

alternate jurors are to be impanelled, 2 peremptory challenges if 3 or 4 alternate jurors are to be

impanelled, and 3 peremptory challenges if 5 or 6 alternate jurors are to be impanelled. The additional

peremptory challenges may be used against an alternate juror only, and the other peremptory challenges

allowed by these rules may not be used against an alternate juror.

(d) Challenge to array. A challenge to the array of jurors shall be made in the manner prescribed in 10

Del. C. § 4512 and shall be granted under the conditions prescribed in that statute.