Section 633. Examination and Challenges of Alternate Trial Jurors

(A) The trial judge may direct that a reasonable even number of jurors in addition to the principal jurors be called and impaneled to sit as alternate jurors.

(B) When alternate jurors are selected in trials involving only one defendant, the defendant and the Commonwealth shall each be entitled to one peremptory challenge for each 2 alternate jurors to be selected. When alternate jurors are selected in trials involving joint defendants, each defendant shall be entitled to one peremptory challenge for each two 2 alternate jurors to be selected and the Commonwealth shall be entitled to peremptory challenges equal in number to the total number of peremptory challenges given to all of the defendants. All peremptory challenges remaining unexercised after the selection of the principal 12 jurors shall be considered exhausted, and in no case may the challenges reserved for the selection of alternates be added to the number allowed during the selection of the principal 12.

(C) Alternate jurors shall be examined, challenged, and selected in the same manner as the principal jurors.

Comment

The last two sentences of paragraph (A) were moved to new Rule 645 as part of the reorganization of the rules in 2000.

Paragraph (B) of this rule sets forth the number of peremptory challenges for the selection of alternate trial jurors and is intended to replace the Act of May 1, 1935, P. L. 127, No. 50, 51, insofar as it applied to criminal trials. That Act was repealed by the Judiciary Act Repealer Act, 42 P. S. § 20002(a) [1156] [(1979)].

The number of peremptory challenges for the selection of principal trial jurors is governed by Rule 634. Paragraph (B) reflects the different treatment, under Rule 634, of trials involving only one defendant and trials involving joint defendants.

Official Note

Rule 1108 adopted January 24, 1968, effective August 1, 1968; amended June 30, 1975, effective September 28, 1975; amended July 1, 1980, effective August 1, 1980; renumbered Rule 633 and amended March 1, 2000, effective April 1, 2001.

Committee Explanatory Reports:

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000).