2.09.100 Selection of Jury

In selecting the members of the jury for trial from the list of prospective jurors on the panel, challenges may be made as provided herein:

(a) A challenge is an objection made to the trial jurors, and is of two (2) kinds:

(1) to the panel

(2) to an individual juror.

(b) A challenge to the panel is an objection in writing made to all the jurors returned and may be taken by either party. The panel may be challenged when:

(1) there is an error in the procedure used in summoning the jurors;

(2) bias can be shown; or

(3) there was an omission to summon one (1) or more of the jurors drawn.

(c) A challenge to an individual juror is an objection which may be taken orally and is either for cause or peremptory.

(d) All challenges for cause must be taken first by the defendant and then by the plaintiff. Peremptory challenges may be taken by either party at any time during the seating of the jury and before the jury is sworn.

(e) A challenge for cause may be made by the plaintiff or by the defendant and must specify the facts constituting the causes thereof. It may be made for any of the following causes:

(1) A previous conviction of a felony;

(2) A lack of the qualifications set out in Section 2.09.030 of this Code;

(3) Unsoundness of mind, or the faculties of the mind or body has rendered him incapable of performing the duties of a juror;

(4) Having served as a juror in a criminal action brought against a party involved in this case;

(5) Being a party adverse to any party in any other action, or having complained against or been accused by either party in a criminal action;

(6) Having formed or expressed such an opinion as to the disposition of this case as would prevent him from rendering a fair verdict upon the evidence submitted in this trial;

(7) Having served in the Tribal Court as a juror during the last month;

(8) Standing in the relation of guardian and ward, attorney and client, master and servant, or landlord and tenant, or being a member of the family, or a relative of a party or in his employ.

Failure to challenge for cause shall constitute a waiver of the basis for challenge.

(f) A peremptory challenge can be taken by either party and may be oral. It is an objection to a juror for which no reason need be given, but upon which the Court must exclude him.

(g) After each challenge, sustained for cause or made peremptorily, another juror shall be called, may be challenged for cause and shall be subject to peremptory challenge.