Empaneling a jury is how a court selects and seats the citizens who will decide a case. It begins long before trial, when the court randomly draws names from the community, and it ends when the chosen jurors take a final oath to decide the case on the evidence and the law. In between come qualification screening, a summons, in-court questioning called voir dire, and a round of challenges that lets each side remove jurors it considers unfit or unfavorable. Federal courts run this process under the Jury Selection and Service Act and the Federal Rules of Criminal and Civil Procedure; state courts follow parallel frameworks of their own.
How the Pool Is Built
Federal courts pull prospective juror names primarily from voter registration lists or lists of actual voters within the district. When voter rolls alone would underrepresent parts of the community, the law requires courts to supplement them with other sources.1Office of the Law Revision Counsel. 28 USC 1863 – Plan for Random Jury Selection Many add driver’s license records, state ID databases, or tax rolls to widen the net.
From the master list, the court randomly selects a large group and mails each person a qualification questionnaire. Those who qualify form the jury pool for a given term. When a case needs a jury, a smaller panel is randomly chosen from that pool and summoned to the courthouse.2United States Courts. Juror Selection Process The randomness at each stage is deliberate. It prevents anyone from handpicking a favorable jury and helps ensure the panel reflects a fair cross-section of the community.
Who Qualifies and Who Is Excused
Federal law sets baseline qualifications. A prospective juror must be a U.S. citizen, at least 18 years old, and have lived primarily in the judicial district for at least one year. They must be able to read, write, understand, and speak English adequately. They cannot be facing felony charges carrying more than a year of imprisonment, and they cannot have a prior felony conviction unless their civil rights have been legally restored.3United States Courts. Juror Qualifications, Exemptions and Excuses
Some groups are categorically exempt even if they otherwise qualify. Active-duty members of the armed forces and National Guard cannot serve, nor can members of professional fire and police departments. Full-time public officers at any level of government who were elected or appointed by elected officials are also exempt.3United States Courts. Juror Qualifications, Exemptions and Excuses
Beyond those categories, most federal district courts will permanently excuse people on a case-by-case basis when service would cause extreme hardship. Common examples include people over 70, anyone who served on a federal jury within the past two years, and volunteer firefighters or rescue squad members. Temporary deferrals are available when the timing is simply bad. Each of the 94 federal district courts sets its own policies on excuses, and once a court grants or denies a request, the decision cannot be appealed.3United States Courts. Juror Qualifications, Exemptions and Excuses
Voir Dire in the Courtroom
When the panel arrives, the judge introduces the case, identifies the parties and attorneys, and explains what comes next. The prospective jurors are then sworn to answer questions about their qualifications truthfully.4U.S. District Court – Southern District of New York. The Voir Dire Examination This questioning is called voir dire, and its goal is straightforward: find out whether a prospective juror can be fair.
The judge typically leads the questioning, with attorneys given the chance to follow up.4U.S. District Court – Southern District of New York. The Voir Dire Examination Questions cover occupations, family connections, past legal experiences, and attitudes toward issues relevant to the case. In a personal injury trial, the defense might probe a juror’s feelings about large damage awards. In a criminal case, the prosecution might ask about trust in law enforcement. How much latitude the lawyers get varies by judge. Some allow extended, open-ended questioning; others handle almost all of it themselves and limit counsel to a few targeted follow-ups.
Challenges for Cause
After questioning, the attorneys can move to remove prospective jurors. A challenge for cause asks the judge to disqualify a specific juror for a concrete reason: a personal relationship with one of the parties, admitted bias the juror cannot set aside, or prior knowledge of the case that would prevent impartial evaluation of the evidence. There is no cap on how many for-cause challenges a lawyer can raise, but the judge must agree that a legally recognized basis for disqualification exists before removing the juror.5United States Courts. Facts and Case Summary – Batson v. Kentucky
Equivocal answers become a real problem here. A juror who says “I think I can be fair” or “I’ll try to set it aside” has not firmly committed to impartiality, and the judge may not consider that enough to disqualify. Skilled attorneys push for clarity before making the challenge.
Peremptory Challenges and the Numbers
A peremptory challenge lets an attorney remove a juror without giving any reason. These are the strategic strikes, driven by a lawyer’s read of body language, questionnaire answers, and courtroom demeanor. Because no justification is required, the law strictly limits how many each side gets.
In federal criminal cases, the numbers track the severity of the charges. For capital cases, each side receives 20 peremptory challenges. For other felonies, the prosecution gets 6 and the defense gets 10. For misdemeanors, each side gets 3. The court can grant additional challenges when multiple defendants are involved.6Federal Rules of Criminal Procedure. Rule 24 – Trial Jurors In federal civil cases, each side gets 3 peremptory challenges, with the court having discretion to allow more when there are multiple plaintiffs or defendants.7Office of the Law Revision Counsel. 28 US Code 1870 – Challenges State courts set their own numbers, which vary widely.
The Batson Limit on Peremptory Strikes
Peremptory challenges require no stated reason, but that does not mean anything goes. In Batson v. Kentucky (1986), the Supreme Court held that the Equal Protection Clause forbids using peremptory strikes to remove jurors based on race.8Justia U.S. Supreme Court Center. Batson v. Kentucky Eight years later, J.E.B. v. Alabama (1994) extended that prohibition to gender.9Justia U.S. Supreme Court Center. J. E. B. v. Alabama ex rel. T. B.
When opposing counsel suspects a discriminatory strike, the dispute follows a three-step framework. The objecting party must first show circumstances that raise an inference of discrimination. The attorney who made the strike must then offer a nondiscriminatory reason. The trial court then decides whether discrimination actually motivated the strike.10Congressional Research Service. Peremptory Challenges – Batson In practice, Batson challenges succeed less often than many people expect, because judges tend to accept almost any facially neutral explanation and the objecting party carries the ultimate burden of proving intentional discrimination. The framework still forces attorneys to think twice about strikes that form a pattern, and it creates a record appellate courts can review.
Jury Size, Alternates, and the Final Oath
The number of jurors depends on the type of case. Federal criminal trials traditionally seat 12. Federal civil trials require at least 6 but no more than 12, and every seated juror must participate in the verdict unless excused during trial.11Legal Information Institute. Federal Rules of Civil Procedure Rule 48 – Number of Jurors, Verdict, Polling State courts set their own jury sizes, and many use fewer than 12 for certain case types.
Courts also seat alternate jurors who watch the entire trial and step in only if a regular juror is excused for illness, personal emergency, or misconduct. In federal criminal cases, a judge can seat up to six alternates. Each side receives additional peremptory challenges just for the alternate selection: one extra when one or two alternates are being chosen, two extra for three or four, and three extra for five or six.6Federal Rules of Criminal Procedure. Rule 24 – Trial Jurors
Once all challenges are exhausted and the required number of jurors and alternates are seated, the court clerk administers the final oath. That oath transforms the selected citizens into the jury of record for the case. They swear to decide the case based solely on the evidence presented and the law as the judge explains it. The trial can begin.
What a Summons Means for You
Federal jurors receive $50 per day for attending court. Many employers voluntarily continue paying regular wages during jury service, though federal law does not require them to. State courts set their own compensation rates, which range widely, with some paying as little as $15 per day.
Federal law does make it illegal for any employer to fire, threaten, intimidate, or pressure a permanent employee because of federal jury service or scheduled attendance related to it. An employer who violates this protection faces liability for lost wages and benefits, a civil penalty of up to $5,000 per violation per employee, court-ordered community service, and an injunction against further violations. The court can also order reinstatement, and time spent on jury duty is treated as a leave of absence with no loss of seniority.12Office of the Law Revision Counsel. 28 US Code 1875 – Protection of Jurors Employment If you believe your employer retaliated against you, you can apply directly to the district court; if the court finds probable merit, it will appoint an attorney at no cost and can award reasonable attorney’s fees if you prevail.13United States District Court – District of Vermont. Notice to Employer – Protection of Jurors Employment These protections apply specifically to federal jury service. Most states have parallel laws for state court service, though the protections and penalties vary.
Ignoring a jury summons is a separate matter. Someone summoned for federal jury service who fails to show up can be ordered to appear and explain why. A person who cannot give a good reason faces a fine of up to $1,000, up to three days in jail, community service, or any combination of those penalties.14Office of the Law Revision Counsel. 28 USC 1866 – Selection and Summoning of Jury Panels Courts rarely jump straight to jail for a first offense, but the authority is there, and judges do use it when someone repeatedly ignores a summons. State courts impose their own penalties, with ranges that vary.