Jury selection is the process in which the parties to a lawsuit—usually through their attorneys—ask questions of potential jurors seated in the courtroom (the jury panel or venire panel). Parties to a lawsuit—usually acting through their attorneys—may strike some potential jurors without stating a reason (peremptory strikes), and may ask the court to strike other potential jurors on the grounds the potential juror is biased, cannot be fair, or cannot follow the law—known as a strike for cause, challenge for cause, or removal for cause.
In South Dakota, the jury selection process, also known as voir dire, involves attorneys from both sides questioning potential jurors to determine their suitability for serving on the jury. The goal is to ensure an impartial jury is empaneled for the trial. During this process, attorneys may use peremptory strikes to remove a certain number of potential jurors without providing a reason, although these strikes cannot be used in a discriminatory manner (e.g., based on race or gender). Additionally, attorneys may request that the court remove potential jurors for cause if they believe a juror cannot be impartial, fair, or follow the law. The number of peremptory strikes allowed and the procedures for challenging jurors for cause are governed by South Dakota state statutes and court rules. The court has the final say on whether a potential juror is removed for cause.