Alaska Motion for Additional Peremptory Challenges

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This form is a sample motion for the allowance of additional peremptory challenges. State and federal case law, as well as treatises are cited in support of the motion. Adapt to fit your circumstances.

Alaska Motion for Additional Peremptory Challenges is a legal procedure that allows a party in a trial to request additional peremptory challenges beyond the number already granted by the court. A peremptory challenge is the right of a party to remove a potential juror without providing any reason, commonly used to eliminate unfavorable or biased jurors. In Alaska, the court allows parties to exercise a certain number of peremptory challenges during the jury selection process. However, there can be situations where the given number of challenges might be insufficient due to the complexity of the case, potential bias of the jury pool, or other valid reasons. In such circumstances, a party may file a Motion for Additional Peremptory Challenges to request the court's permission to have extra strikes. These types of motions in Alaska can be categorized based on the specific circumstances that necessitate additional challenges. The most common types include: 1. Complex or High-Stakes Cases: In complex or high-stakes cases, where the issues involved are intricate or the potential consequences significant, parties may argue for the need of extra peremptory challenges to ensure a fair and impartial jury composition. 2. High-Profile Cases: Trials that have garnered extensive media attention or have public interest at stake may generate preconceived biases among potential jurors. Parties involved may file a Motion for Additional Peremptory Challenges to account for the increased likelihood of juror bias and to secure a fair trial. 3. Diversity and Representativeness: To uphold the principles of fairness and diversity, parties might file a motion to request additional peremptory challenges to ensure a more inclusive jury pool. This is particularly important in cases that involve sensitive matters such as race, religion, or gender. 4. Multiple Defendants or Parties: When multiple defendants or parties are involved in a trial, each party typically receives a set number of peremptory challenges. However, the total number of challenges might be inadequate to uncover potential biases or concerns related to multiple defendants. Parties may then file a Motion for Additional Peremptory Challenges to address this issue. 5. Challenging Juror Eligibility: In some cases, unforeseen circumstances may arise during void dire that could affect a juror's eligibility or impartiality. Parties may file a motion to request additional peremptory challenges to account for these situations and ensure they can adequately address any concerns related to jurors' qualifications. When filing a Motion for Additional Peremptory Challenges in Alaska, it is crucial to provide strong justifications and legal arguments supporting the necessity for extra strikes. The court will review the motion and make a determination based on the merits of each case.

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Rule 25 - Substitution of Parties (a)Death. If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties.

Rule 33 - New Trial (a)Grounds. The court may grant a new trial to a defendant if required in the interest of justice. (b)Subsequent Proceedings. If trial was by the court without a jury, the court may vacate the judgment if entered, take additional testimony and enter a new judgment.

Rule 40 - Index to Cases (a) The court system shall maintain an index by last name of every party named in every case filed, regardless of whether a party's true name is protected in the public index under paragraphs (b) or (c) of this rule.

A parent or guardian of a minor who has a claim against another person has the power to execute a full release or a covenant not to sue, or to execute a stipulation for entry of judgment on such claim.

Rule 35 - Reduction, Correction or Suspension of Sentence (a)Correction of Sentence. The court may correct an illegal sentence at any time. (b)Modification or Reduction of Sentence.

Rule 35.1 - Post-Conviction Procedure (a)Scope . A person who has been convicted of or sentenced for a crime may institute a proceeding for post- conviction relief under AS 12.72. 010 - 12.72. (b)Not a Substitute for Remedies in Trial Court - Replaces All Other Remedies for Challenging the Validity of a Sentence.

Rule 40 - Index to Cases (a) The court system shall maintain an index by last name of every party named in every case filed, regardless of whether a party's true name is protected in the public index under paragraphs (b) or (c) of this rule.

The Rule 45 commencement date for a new charge arising out of the same criminal episode shall be the same as the commencement date for the original charge, unless the evidence on which the new charge is based was not available to the prosecution on the commencement date for the original charge.

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The additional peremptory challenges allowed by section (b)(1)(B) may be ... Upon proper motion or the court's own motion, the court may order additional exhibits ... (1) Diligent Inquiry. (2) Service by Posting on the Alaska Court System's Legal Notice Website. (3) Additional Service by Other Methods.Apr 23, 2015 — (a) If a party or a party's attorney in a district court action or a superior court action, civil or criminal, files an affidavit alleging under ... If there is more than one defendant, the court may allow the defendants additional peremptory challenges and permit them to be exercised separately or jointly. This requires that the parties obtain sufficient information from the potential jurors upon which to base their challenges. As one court has noted: "Peremptory ... by FJ Center — If all parties on one side of a civil or criminal case to be tried in a Federal district court or a bankruptcy court file an application requesting the ... Each party may challenge peremptorily three jurors. Two or more parties on the same side are considered a single party for purposes of peremptory challenge, but ... The Petition to Amend Rules 18.4, 18.5, and 47(e) (opens in a new tab) to abolish peremptory challenges supported the repeal of peremptory challenges. On ... A peremptory challenge appeal is "an appeal by a criminal defendant from an order denying the defendant's motion for change of judge under Criminal Rule 25(d)." ... by J Montoya · Cited by 92 — ing peremptory challenges and allow the complete questioning of the ... Lawyers with pre-Batson experience were more likely to say that the motions took up too ...

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Alaska Motion for Additional Peremptory Challenges