Rule 5-606. Jurors.

A. Examination of jurors. The court may permit the parties or their attorneys to conduct the examination of prospective jurors or may itself conduct the examination. In the latter event, the court shall permit the parties or their attorneys to supplement the examination by such further inquiry as it deems proper, or shall itself submit to the prospective jurors such additional questions of the parties or their attorneys as it deems proper. B. Challenges; procedure. Challenges for good cause and peremptory challenges shall be made outside the hearing of the jury panel. The party making a challenge will not be disclosed to the jury panel, but each challenge will be recorded by the clerk. The state shall accept or make any peremptory challenge as to each prospective juror before the defense is called upon to accept or make a peremptory challenge as to the prospective juror. C. Challenges for cause. The court shall permit the parties to a case to express in the record of the trial any challenge to a prospective juror for good cause. The court shall rule upon the challenge and may excuse any prospective juror for good cause. D. Peremptory challenges. (1) The state and the defense in each criminal case tried to a jury in the district court shall be entitled to peremptory challenges of prospective jurors as follows: (a) if the offense charged is punishable by death, the defense shall be allowed twenty-four (24) challenges and the state shall be allowed sixteen (16) challenges; (b) if the offense charged is punishable by life imprisonment, the defense shall be allowed twelve (12) challenges and the state shall be allowed eight (8) challenges; and (c) in all other cases, the defense shall be allowed five (5) challenges and the state shall be allowed three (3) challenges. (2) When two (2) or more persons are jointly tried, two (2) additional challenges shall be allowed to the defense and to the state for each additional defendant. When two (2) or more defendants are jointly tried and cannot agree by whom the peremptory challenges shall be exercised, they shall be exercised in the manner prescribed by the court. (3) The state and the defense are each entitled to one (1) peremptory challenge in addition to those otherwise allowed by this rule if one (1) or two (2) alternate jurors are to be empaneled, two (2) peremptory challenges if three (3) or four (4) alternate jurors are to be empaneled, and three (3) peremptory challenges if five (5) or six (6) alternate jurors are to be empaneled. The additional peremptory challenges provided by this paragraph may be used against an alternate juror only, and the other peremptory challenges allowed by law shall not be used against an alternate juror. The procedure for the exercise of peremptory challenges for alternate jurors shall be the same as that for regular jurors. E. Juror qualification and questionnaire forms; retention schedule; certification of compliance with privacy requirements. Prior to the examination of prospective jurors under this rule, the court shall require each prospective juror to complete a juror qualification and questionnaire forms as approved by the Supreme Court, which shall be subject to the following protections: (1) All completed juror qualification and questionnaire forms, including any electronic copies, in the possession of the court, attorneys, parties, and any other individual or entity shall be kept confidential unless ordered unsealed under the provisions in Rule 5-123 NMRA; (2) All completed juror qualification and questionnaire forms, including any electronic copies, in the possession of the court, attorneys, parties, and any other individual or entity shall be destroyed according to the following deadlines: (a) All copies in the possession of the court shall be destroyed ninety (90) days after expiration of the term of service of the juror or prospective juror unless an order has been entered directing their retention for a longer period of time; and (b) All copies in the possession of the attorneys, parties, and any other individual or entity shall be destroyed within one hundred twenty (120) days after final disposition of the proceeding for which the juror or prospective juror was called unless permitted by written order of the court to retain the copies for a longer period of time, in which case the court’s order shall set the deadline for destruction of those copies; and (3) On or before the destruction deadline required under this rule, all attorneys and parties shall file a certification under oath in a form approved by the Supreme Court that they have complied with the confidentiality and destruction requirements set forth in this paragraph. F. Supplemental questionnaires. The court may order prospective jurors to complete supplemental questionnaires. Unless otherwise ordered by the court, the party requesting supplemental questionnaires shall be required to pay the actual costs of producing and mailing the supplemental questionnaires. The confidentiality and destruction protections in Subparagraphs (E)(1), (2), and (3) of this rule shall apply to any supplemental questionnaires ordered under this paragraph.