33rd / 424th District Courts

I often have questions about how alternate jurors are to be selected, and how additional peremptory strikes are to be used. The answer is found at Section 62.020(e) of the Government Code:

(e) Each side is entitled to one peremptory challenge in addition to those otherwise allowed by law or by rule if one or two alternate jurors are to be impaneled. Each side is entitled to two peremptory challenges in addition to those otherwise allowed by law or by rule if three or four 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 or by rule may not be used against an alternate juror.

 Here is the procedure I use (using a civil jury with 6 strikes per side as an example):

Exercise your 6 strikes within the first 24 people ((6 strikes x 2 sides) + 12 to be seated = 24).

Then within the next three veniremen, you have one additional strike.  That's if one alternate is to be chosen. If two are to be chosen, then make the strike within the next four veniremen.  That guarantees two will remain.

If three alternates are to be seated, then make your two strikes within the next seven people.  If there are no double strikes, that will leave exactly three. And if four alternates are to be seated, strike within the next eight.

As clearly stated within the statute, you must use the extra strikes only against alternates. That means within the range of the venire which is outside of the first 24 (or more if there are more parties, or in the criminal case).