Rule 47. Jurors and jury trials

(a) Selection of jurors. --

(1) Not later than three (3) days, or as soon as is practicable, before a case is scheduled for trial the Court shall submit to the parties a list showing the names and addresses of at least 12 proposed jurors who appear to be impartial, disinterested and judicious citizens of the county where the real estate is situated.

(2) Examination on voir dire. -- In jury trials, the Court alone shall examine all jurors on the voir dire unless it shall otherwise direct. When the Court examines, either attorney or party, if unrepresented, may request the Court to examine the jurors as to certain matters, and the Court may do so if in its opinion such matters are the proper subject of inquiry. Voir dire examination of the jury panel concerning contact with prospective witnesses shall be freely granted. All questions proposed by an attorney, or party, if unrepresented, to be used in voir dire examinations shall be submitted to the Court prior to the commencement of the drawing of the jury.

(3) After the voir dire examination, six (6) names shall be drawn randomly by the Court to be seated as jurors from those remaining after any prospective jurors have been stricken for cause. Each party shall be entitled to no more than three (3) peremptory challenges and the Court may reduce this number if the jury panel is insufficient. Several defendants or several plaintiffs may be considered as a single party for the purposes of making challenges, and the Court, for good cause, may allow additional peremptory challenges and permit them to be exercised separately or jointly so long as there is sufficient numbers in the jury panel to accommodate those challenges. A request for additional challenges shall be made before commencement of the drawing of the jury or at such earlier time as ordered by the Court.

(4) Immediately prior to the trial and before entering upon their duties, six (6) jurors shall be sworn or affirmed faithfully and impartially to perform the duties assigned to them as provided in Chapter 57 of Title 25 of the Delaware Code.

(5) Alternate jurors. -- The Court may direct that not more than two (2) jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. Alternate jurors shall replace jurors in the order in which they are called when, prior to the time the jury retires to consider its verdict, regular jurors become or are found to be unable to perform their duties or are otherwise disqualified. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities and privileges as the regular jurors. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict. Each side is entitled to one (1) peremptory challenge in addition to those otherwise allowed pursuant to subsection (1) above if one or two alternate jurors are to be impaneled. The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by law shall not be used against an alternate juror.

(b) Procedure in jury trials. --

(1) Evidence. -- During the course of the trial, any party may present competent and material evidence upon the issue which is the subject of the suit. The Court shall, during the course of the trial, determine all questions of law and the admissibility of evidence. A faithful record of the trial shall be made by an electronic recording device which shall be kept for possible appellate review.

(2) Instructions to jury; objections. -- At the close of the evidence or at such earlier time as the Court reasonably directs, any party may file written requests that the Court instruct the jury on the law as set forth in the requests. The Court shall inform counsel, or the party, if unrepresented, of its proposed action upon the requests prior to the arguments to the jury. The Court shall instruct the jury after the arguments are completed and such other times as the Court may desire. In an appeal taken before an appellate court composed of three (3) judges, no party may assign as error the giving or the failure to give an instruction unless the party objects thereto before or at a time set by the Court immediately after the jury retires to consider its verdict, stating distinctly the matter and the grounds of the party's objection. Opportunity shall be given to make the objection out of the hearing of the jury.

(3) Verdict. -- After all of the evidence is presented and the jury has been charged by the Court with the applicable law, they shall retire and, in secret, arrive at a verdict. Thereafter, the verdict shall be announced by the jury in open court.

(4) Judgment and appeal. -- After the jury has returned its verdict, the judgment shall be final. If either party of the suit shall feel aggrieved by the judgment rendered in such proceeding, the party may request, in writing, within five (5) days after the judgment, a review by an appellate court composed of three (3) judges, as appointed by the Chief Magistrate or the Chief Magistrate's designee. This review shall be on the record, and the party seeking the review must designate with particularity the points of law which the party feels were erroneously administered at the trial-court level. The decision on the record may be by majority vote. No such request shall stay proceedings on such judgment unless the aggrieved party, at the time of making such request, shall execute and file with the Court an undertaking to the successful party, with such bond or other assurances as may be required by the Court, to the effect that the aggrieved party will pay all costs of such proceedings which may be awarded against the aggrieved party and abide the order of the Court therein, and pay all damages, including rent, justly accruing during the pendency of such proceedings. All further proceedings in execution of the judgment shall thereupon be stayed.