Rule 6-605. Jurors.

A. Magistrate jury. A jury in the magistrate court consists of six (6) jurors with the same qualifications as jurors in the district court. Whenever a jury is required, the court shall select prospective jurors in the manner provided by law. B. Challenges for cause. At the time of the trial, the parties, their attorneys, or the magistrate judge may examine the prospective jurors who have been summoned to determine whether they should be disqualified for cause. Prospective jurors shall be excused for cause if the examination discloses bias, relationship to a party, or other grounds of actual or probable partiality. If examination of any prospective juror discloses any basis for disqualification, the magistrate judge shall excuse that prospective juror. C. Peremptory challenges. If the highest offense charged is a petty misdemeanor, each party shall be entitled to one peremptory challenge, regardless of the number of charges. If the highest offense charged is a misdemeanor, each party shall be entitled to two peremptory challenges, regardless of the number of charges. If peremptory challenges are exercised, the magistrate judge shall excuse those prospective jurors challenged. D. Selection of jury. (1) The court shall cause the name of each prospective juror present to be entered into the court’s jury management system. A list of the names of the prospective jurors present shall be prepared at the direction of the magistrate judge, and a copy of the list shall be provided to each party or the party’s attorney. (2) The prospective jurors may be examined by the parties, their attorneys, or the magistrate judge by questioning all of the prospective jurors present, as a group, or individually. (3) When six (6) qualified jurors have been selected, they shall constitute the jury for the case to be tried. (4) One (1) or more alternate jurors may be selected at the direction of the magistrate judge. The parties may exercise their peremptory challenges in the selection of the alternate juror or jurors, if their peremptory challenges have not been exhausted in the selection of the other jurors. E. Additional jurors. If a jury cannot be completed by reading the names of those present, the sheriff or responsible person shall summon a sufficient number of jurors to fill the deficiency. F. Oath to jurors. The magistrate shall administer the following oath to the jurors: “You do solemnly swear (or affirm) that you will truly try the facts of this action and give a true verdict according to the law and evidence given in court.” G. 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 6-114 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. H. 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 (G)(1), (2), and (3) of this rule shall apply to any supplemental questionnaires ordered under this paragraph.