(a) Orientation and Examination of Jurors. An orientation and examination shall be conducted to inform prospective jurors about their duties and service and to obtain information about prospective jurors to facilitate an intelligent exercise of challenges for cause and peremptory challenges. (1) The jury commissioner is authorized to examine and, when appropriate, excuse prospective jurors who do not satisfy the statutory qualifications for jury service, or who are entitled to a postponement, or as otherwise authorized by appropriate court order. (2) When prospective jurors have reported to the courtroom, the judge shall explain to them in plain and clear language: (I) The grounds for challenge for cause; (II) Each juror's duty to volunteer information that would constitute a disqualification or give rise to a challenge for cause; (III) The identities of the parties and their counsel; (IV) The nature of the case, utilizing the parties' CJI(3d) Instruction 2:1 or, alternatively, a joint statement of factual information intended to provide a relevant context for the prospective jurors to respond to questions asked of them. Alternatively, at the request of counsel and in the discretion of the judge, counsel may present such information through brief, non-argumentative statements. (V) General legal principles applicable to the case, including burdens of proof, definitions of preponderance and other pertinent evidentiary standards and other matters that jurors will be required to consider and apply in deciding the issues. (3) The judge shall ask prospective jurors questions concerning their qualifications to serve as jurors. The parties or their counsel shall be permitted to ask the prospective jurors additional questions. In the discretion of the judge, juror questionnaires, posterboards and other methods may be used. In order to minimize delay, the judge may reasonably limit the time available to the parties or their counsel for juror examination. The court may limit or terminate repetitious, irrelevant, unreasonably lengthy, abusive, or otherwise improper examination. (4) Jurors shall not be required to disclose personal locating information, such as address or place of business in open court and such information shall not be maintained in files open to the public. The trial judge shall assure that parties and counsel have access to appropriate and necessary locating information. (5) Once the jury is impaneled, the judge shall explain the general principles of law applicable to civil cases, the procedural guidelines regarding conduct by jurors during the trial, case specific legal principles and definitions of technical or special terms expected to be used during the presentation of the case. (b) Alternate Jurors. No alternate jurors shall be called or impaneled to sit on juries in the county court. (c) Challenge to Array. A challenge to the array of jurors may not be made by either party. (d) Challenge to Individual Jurors. A challenge to an individual juror may be for cause or peremptory. (e) Challenges for Cause. Challenges for cause may be taken on one or more of the following grounds: (1) A want of any of the qualifications prescribed by the statute to render a person competent as a juror. (2) Consanguinity or affinity within the third degree to any party. (3) Standing in the relation of guardian, ward, employer, employee, principal, or agent to any party, or being a member of the family of any party, or a partner in business with any party or being security on any bond or obligation for any party. (4) Having served as a juror or been a witness on a previous trial between the same parties for the same cause of action. (5) Interest on the part of the juror in the event of the action, or in the main question involved in the action, except the interest of the juror as a member, or citizen of a municipal corporation. (6) Having formed or expressed an unqualified opinion or belief as to the merits of the action. (7) The existence of a state of mind in the juror evincing enmity against or bias to either party. (f) Order and Determination of Challenges for Cause. The plaintiff first, and afterwards the defendant, shall complete challenges for cause. Such challenges shall be tried by the court, and the juror challenged, and any other person, may be examined as a witness. (g) Order of Selecting Jury. The clerk shall draw by lot and call the number of jurors that are to try the cause plus such an additional number as will allow for all peremptory challenges permitted. After each challenge for cause sustained, another juror shall be called to fill the vacancy and may be challenged for cause. When the challenges for cause are completed, the clerk shall make a list of the jurors remaining in the order called and each side beginning with plaintiff shall indicate thereon its peremptory challenge. The clerk shall then swear the remaining jurors to the number required to try the cause and these shall constitute the jury. (h) Peremptory Challenges. Each side shall be entitled to one peremptory challenge, and if there be more than one party to a side they must join in such challenge. One additional peremptory challenge shall be allowed to each party appearing under Rule 324 if the trial court in its discretion determines that the ends of justice so require. (i) Oath of Jurors. As soon as the jury is completed, an oath or affirmation shall be administered to the jurors in substance: That you and each of you will well and truly try the matter at issue between _____, the plaintiff, and _____, the defendant, and a true verdict render, according to the evidence.
(j) When Juror Disqualified. If before verdict a juror becomes unable or disqualified to perform the juror's duty the parties may agree to proceed with the other jurors or agree that a new juror be sworn and the trial begun anew. If the parties do not so agree the court shall discharge the jury and the case shall be tried anew. (k) Examination of Premises by Jury. The court may not order or permit the jury to see or examine any property or place. (l) Deliberation of Jury. After hearing the charge the jury may either decide in court or retire for deliberation. If it retires, except as hereinafter provided in this section, it shall be kept together in a separate room or other convenient place under the charge of one or more officers until it agrees upon a verdict or is discharged. While the jury is deliberating the officer shall, to the utmost of the officer's ability, keep the jury together, separate from other persons. The officer shall not communicate or allow any communication to be made to any juror unless by order of the court except to ask it if it has agreed upon a verdict, and shall not, before the verdict is rendered, communicate with any person the state of its deliberations or the verdict agreed upon. The court in its discretion in any individual case may modify the procedure under this Rule by permitting a jury which is deliberating to separate during the luncheon or dinner hour or separate for the night under appropriate cautionary instructions, with directions that they meet again at a time certain to resume deliberations again under the charge of the appropriate officer. (m) Items Taken to Deliberation. Upon retiring, the jurors shall take the jury instructions, their juror notebooks and notes they personally made, if any, and to the extent feasible, those exhibits that have been admitted as evidence. (n) Additional Instructions. After the jury has retired for deliberation, if it desires additional instructions, it may request the same from the court; any additional instructions shall be given it in court in the presence of or after notice to the parties. (o) New Trial if No Verdict. When a jury is discharged or prevented from giving a verdict for any reason, the action shall be tried anew. (p) When Sealed Verdict. While the jury is absent the court may adjourn from time to time, in respect to other business, but it shall be nevertheless deemed open for every purpose connected with the cause submitted to the jury, until a verdict is rendered or the jury discharged. The court may direct the jury to bring in a sealed verdict at the opening of court, in case of an agreement during a recess or adjournment for the day. A final adjournment of the court for the term shall discharge the jury. (q) Declaration of Verdict. When the jury has agreed upon its verdict it shall be conducted into court by the officer in charge. The names of the jurors shall be called, and the jurors shall be asked by the court or clerk if they have agreed upon a verdict, and if the answer be in the affirmative, they shall hand the same to the clerk. The clerk shall enter in the record the names of the jurors. Upon a request of any party the jury may be polled. (r) Correction of Verdict. If the verdict be informal or insufficient in any particular, the jury, under the advice of the court, may correct it or may be again sent out. (s) Verdict Recorded, Disagreement. The verdict, if agreed upon by all jurors, shall be received and recorded and the jury discharged. If all the jurors do not concur in the verdict, the jury may be again sent out, or may be discharged. (t) Juror Notebooks. Juror notebooks may be available during trial and deliberation to aid jurors in the performance of their duties. (u) Juror Questions. Jurors shall be allowed to submit written questions to the court for the court to ask of witnesses during trial, in compliance with procedures established by the trial court. The trial court shall have the discretion to prohibit or limit questioning in a particular trial for good cause. (e)(3), (j), (l), (m), and (q) amended July 22, 1993, effective 1/1/1994. (a) repealed and readopted, (m) amended, and (t) added June 25, 1998, effective 1/1/1999; (u) added and adopted March 13, 2003, effective 7/1/2003. For jury selection and service, see the "Colorado Uniform Jury Selection and Service Act", article 71 of title 13, C.R.S.