2.730 Jury Selection; Peremptory Challenges.
(1) At the time of trial, the prospective jurors shall be examined as to their qualifications, first by the defendant and then by the City Attorney. After the prospective jurors have been passed for cause, peremptory challenges, if any, shall be exercised as provided in subsection (2)of this section. Each party may take any number of challenges for cause and three peremptory challenges, unless the judge grants additional peremptory challenges. When two or more defendants are tried together, each must join in any peremptory challenge or it cannot be taken, unless the judge grants additional peremptory challenges. When several defendants are tried together, the defendants are entitled to the number of challenges they would have had if each defendant had been tried separately. When two or more defendants are tried together, the City is entitled to the same total number of peremptory challenges as the sum of the peremptory challenges the defendants could have exercised.
(2) Peremptory challenges shall be taken in writing by secret ballot as follows:
(a) The defendant may challenge one juror and the City Attorney may challenge one, alternating until the peremptory challenges are exhausted.
(b) After each challenge, the jury panel shall be filled and the additional juror passed for cause before another peremptory challenge is exercised. Neither party shall be required to exercise a peremptory challenge unless the full number of jurors is in the jury box at the time.
(c) The refusal to challenge by either party in order of alteration does not prevent the adverse party from exercising the party's full number of peremptory challenges, and refusal of a party to exercise the party's peremptory challenge in proper turn concludes the party as to the jurors once accepted by the party. If the party's right of peremptory challenge is not exhausted, the party's further challenges shall be confined, in the party's proper turn, to such additional jurors as may be called.
(3) Notwithstanding subsection (2) of this section, the defendant and the City Attorney may stipulate to taking peremptory challenges orally.
(4) If the peremptory challenges of the moving party are not already exhausted, the Court may, for good cause shown, permit a peremptory challenge to be taken to any juror before the jury is complete and sworn, notwithstanding the juror challenged may have been previously accepted.
(5) If, after voir dire, less than six jurors remain, the Court may:
(a) Upon its own motion, or the motion of either party, continue the cause for trial on a later date with a new jury, excusing those jurors still remaining; or
(b) Upon the stipulation of all parties, proceed with fewer than six jurors.