Challenges for cause may be taken on any of the following grounds:
- (1) The prospective juror does not meet one of the qualifications required by § 16-13-10 or is disqualified under that section;
- (2) The prospective juror is related by consanguinity or affinity within the fourth degree, as defined by § 23A-20-30, to a party in the case;
- (3) The prospective juror is a member of the family of a party or one of the attorneys in the case;
- (4) The prospective juror has a relationship of guardian and ward, master and servant, employer and employee, landlord and tenant, or principal and agent with an attorney or a party in the case;
- (5) The prospective juror is a partner or associate in business with an attorney or a party in the case;
- (6) The prospective juror is a surety on a bond or an obligation for an attorney or a party in the case;
- (7) The prospective juror, presently, has a relationship of attorney and client with one of the attorneys in the case or has had such a relationship within one year previously;
- (8) The prospective juror is an officer, agent, or employee of a corporation, between which corporation and an attorney in the case, the relationship of attorney and client exists;
- (9) The prospective juror is the spouse of an attorney in the case;
- (10) The prospective juror is the spouse of any other prospective juror who would be subject to a challenge for cause under this section;
- (11) The prospective juror previously served as a juror or was a witness in a previous trial between the same parties for the same cause of action;
- (12) The prospective juror has a pecuniary interest in the outcome of the case, except an interest as a member or citizen of a municipal corporation or other government unit;
- (13) The prospective juror has knowledge of some or all of the material facts of the case and has an unqualified opinion or belief as to the merits of the case;
- (14) The prospective juror has a state of mind evincing enmity against, or bias to or against a party in the case;
- (15) Within two years prior to being summoned, the prospective juror served as a juror in the county during a prior term of jury service pursuant to § 16-13-22;
- (16) The prospective juror has a civil case pending in the county exclusive of small claims actions;
- (17) If a talesman, the prospective juror applied directly or indirectly to a sheriff, deputy sheriff, or coroner of the county to be summoned for jury duty;
- (18) A challenge for actual bias showing the existence of a state of mind on the part of a prospective juror, in reference to the case or to a party, that satisfies the court, in the exercise of sound discretion, that the juror cannot try the issue impartially, without prejudice to the substantial rights of the party challenging.
Source: SL 1999, ch 277 ; SL 2002, ch 249 , § 2.