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US · rules

D. Mont. L.R. CR 24.1

Impaneling a Trial Jury

activein force · 2025-12-01 – presentact-effective-date

(a) Examination of Jurors.

(1) Examination of jurors in criminal cases must be in accordance with

the Federal Rules of Criminal Procedure.

(2) Alternate jurors may be impaneled in criminal cases in the discretion

of the court in accordance with the provisions of the Federal Rules of

Criminal Procedure.

(3) Unless the court orders otherwise:

(A) examination of trial jurors will be conducted by the court; and

(B) questions the parties want the court to ask the jurors must be

submitted at least one court day before trial commences.

(b) Manner of Selection and Order of Examination of Jurors.

(1) Composition of Panel.

(A) Initial Panel. The initial panel called will consist of twelve

jurors plus the number of alternates ordered by the court plus

the number of allowable peremptory challenges. The clerk will

assign numbers to the jurors in the order in which they are

called.

(B) Challenges. If any juror in the initial panel is excused for

cause, an additional juror will be immediately called and will

take the seat and number of the excused juror. After the initial

panel is filled and challenges for cause are exhausted, the

parties will exercise peremptory challenges.

(C) Trial Jury. After challenges are exhausted, the clerk will call by

name the agreed number of jurors who have the lowest assigned

numbers. These jurors constitute the trial jury.

96 | P a g e

D.Mont L.R. CR 24.1 Impaneling a Trial Jury

(2) Exercise of Peremptory Challenges. The court may order either of the

following two methods for exercising peremptory challenges:

(A) Traditional Method. In criminal cases in which the government

has six and the defense ten challenges, the first is exercised by

the government, the second by the defense, the next by the

Government, the next two by the defense, the next by the

government, the next two by the defense, the next by the

government, the next two by the defense, the next by the

government, the next two by the defense, the next by the

government, and the last by the defense. The passing of a

peremptory challenge by either party is the equivalent of a

challenge.

(B) Arizona Strike Method. All peremptory challenges are

exercised simultaneously and without disclosure to other

parties.

Provenance

Source
www.mtd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-19
Content hash
3a698c3484a3b4948a01bd55187bdf674b2179f68c9268ca90e2dd9f0c66b346
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