CHAPTER 3. JURORS AND CHALLENGES
IC 34-36-3
Chapter 3. Jurors and Challenges
IC 34-36-3-1
Number of jurors; stipulations
Sec. 1. (a) In a civil case, the jury consists of six (6) members.
(b) At any time before the verdict is announced, the parties may
stipulate that a verdict or finding of a stated majority of the jurors
shall be taken as the verdict or finding of the jury.
As added by P.L.1-1998, SEC.32.
IC 34-36-3-2
Alternate jurors
Sec. 2. (a) In a civil case, the court may direct that no more than
three (3) jurors be called and impanelled, in addition to the regular
jury, to sit as alternate jurors.
(b) Alternate jurors shall, in the order in which they are called,
replace jurors who, before the time the jury returns its verdict,
become unable or disqualified to perform their duties.
(c) Alternate jurors:
(1) shall be drawn in the same manner;
(2) must have the same qualifications;
(3) are subject to the same examination and challenges;
(4) shall take the same oath; and
(5) shall perform the same function and hold the same powers
and privileges;
as regular jurors. An alternate juror who does not replace a regular
juror shall be discharged after the jury brings in its verdict.
As added by P.L.1-1998, SEC.32.
IC 34-36-3-3
Number of challenges
Sec. 3. (a) Each party in a civil case has three (3) peremptory
challenges.
(b) In addition to the peremptory challenges under subsection (a),
each party is entitled to:
(1) one (1) peremptory challenge if the court directs that one (1)
or two (2) alternate jurors are to be impanelled; or
(2) two (2) peremptory challenges if the court directs that three
(3) alternate jurors are to be impanelled.
(c) The additional peremptory challenges under subsection (b)
may be used only against alternate jurors, and the peremptory
challenges under subsection (a) may not be used against alternate
jurors.
As added by P.L.1-1998, SEC.32.
IC 34-36-3-4
Examination of jurors
Sec. 4. (a) The court may:
(1) permit the parties or their attorneys to conduct the
examination of prospective jurors; or
(2) conduct the examination itself.
(b) If the court conducts the examination of prospective jurors, the
court shall permit the parties or their attorneys to supplement the
examination by further inquiry.
As added by P.L.1-1998, SEC.32.
IC 34-36-3-5
Challenge; interested in another suit
Sec. 5. It is sufficient cause for challenge to a juror that the juror
is interested in another suit, begun or contemplated, involving the
same or a similar matter.
As added by P.L.1-1998, SEC.32.
IC 34-36-3-6
Oath; verdict
Sec. 6. Before the commencement of the trial, an oath must be
administered to each juror that the juror will:
(1) well and truly try the matter in issue between the parties;
and
(2) give a true verdict;
according to law and evidence.
As added by P.L.1-1998, SEC.32.
IC 34-36-3-7
Repealed
(Repealed by P.L.118-2007, SEC.38.)