When it comes to peremptory challenges in California, the number allowed varies depending on the type of case you are involved in. In civil cases, each side is typically granted six peremptory challenges, while in criminal cases, each side is usually given ten peremptory challenges.
What Are Peremptory Challenges?
Peremptory challenges are a litigant’s right to reject a potential juror without providing a reason. These challenges are used to ensure a fair and impartial jury is selected for a trial.
Can Additional Peremptory Challenges Be Requested?
Yes, in some cases, additional peremptory challenges can be requested. However, the request must be based on a valid reason, such as empaneled jurors being disqualified or excused.
Are there any Restrictions on Peremptory Challenges?
- Peremptory challenges cannot be used to discriminate against potential jurors based on their race, gender, or other protected characteristics.
- Both parties must use their peremptory challenges in a non-discriminatory manner.
Is the Limitation on Peremptory Challenges Enforced Strictly?
Yes, the limitation on peremptory challenges is typically enforced strictly by judges to ensure a timely and fair jury selection process.
How Are Peremptory Challenges Exercised?
- During jury selection, each side takes turns using their peremptory challenges to remove potential jurors from the pool.
- The attorneys must exercise their peremptory challenges strategically to select a jury that is favorable to their case.
Can Peremptory Challenges Be Waived?
Yes, parties can choose to waive their right to peremptory challenges if they believe it is in their best interest to proceed without using them.
What Happens if the Peremptory Challenges Limit is Exceeded?
If a party exceeds the allowed number of peremptory challenges, the opposing party may object, and the judge will determine the appropriate course of action, which may include disallowing the excess challenges.
In conclusion, understanding the limitations and rules surrounding peremptory challenges in California is essential for all parties involved in the jury selection process. By following the guidelines set forth by the court, both sides can ensure a fair and impartial trial.