Alabama Motion for Additional Peremptory Challenges is a legal motion that allows attorneys in Alabama to request additional challenges to potential jurors during the jury selection process. Peremptory challenges are a tool used by attorneys to remove potential jurors without providing a specific reason. In Alabama, the number of peremptory challenges that attorneys are initially given is determined by the type of case and the number of parties involved. However, if circumstances arise where attorneys believe they need additional challenges, they can file a Motion for Additional Peremptory Challenges. This motion is typically filed by attorneys who believe that the current number of peremptory challenges provided is insufficient to ensure a fair and impartial jury. Various valid reasons can lead attorneys to request additional challenges, such as potential jurors having strong biases or prejudices that may impact their ability to render an unbiased decision. It is essential to note that Alabama allows both the prosecution and the defense to file the Motion for Additional Peremptory Challenges. This motion must be filed in a timely manner, usually before the jury selection process begins, to allow the court to consider and rule on the request. If the court grants the motion, it may increase the number of peremptory challenges available to attorneys. This allows them to further remove potential jurors they believe could be unfavorable to their case. However, it is important to understand that the court has the discretion to grant or deny the motion based on the specific circumstances presented. In Alabama, there are two main types of Motion for Additional Peremptory Challenges: one for civil cases and one for criminal cases. Each category has its unique considerations, as the criteria for selecting a fair and impartial jury can differ depending on the nature of the case. In summary, the Alabama Motion for Additional Peremptory Challenges is a crucial tool for attorneys to ensure a fair and unbiased jury selection process. By filing this motion, attorneys can request additional peremptory challenges when they believe the given number is inadequate. Whether in civil or criminal cases, this motion can play a vital role in guaranteeing a just trial for all parties involved.
Alabama Motion for Additional Peremptory Challenges
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How to fill out Motion For Additional Peremptory Challenges?
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A peremptory challenge results in the exclusion of a potential juror without the need for any reason or explanation - unless the opposing party presents a prima facie argument that this challenge was used to discriminate on the basis of race, ethnicity, or sex.
When selecting a jury, both parties may remove potential jurors using an unlimited number of challenges for cause (e.g., stated reasons such as bias) and a limited number of peremptory challenges (i.e., do not need to state a reason).
If the offense charged is punishable by death, each side is entitled to 20 peremptory challenges. If the offense charged is punishable by imprisonment for more than one year, the government is entitled to 6 peremptory challenges and the defendant or defendants jointly to 10 peremptory challenges.
In California, for most cases the number of peremptory challenges available to each lawyer is ten so long as there is one defendant. For death penalty or life imprisonment cases where a single defendant is involved, each attorney is permitted 20 peremptory challenges.
Each side shall be entitled to eight peremptory challenges. If there are several parties on a side, the court shall divide the challenges among them as nearly equally as possible.
Rule 47(b) provides a method of alternate juror selection which prevents the alternate from being aware of his status as such until the jury retires to consider its verdict. Note that Rule 47(b) supersedes Title 30, § 53, Code of Alabama, which provided for selection of a jury by preemptory challenges.
Except as provided in subdivision (b), in a trial for any other offense, the defendant is entitled to 10 and the state to 10 peremptory challenges.
Code Tit. 30, § 38 (1940). As the jurors' names were drawn from the box by the court, either party could challenge the juror by exercising one of four peremptory strikes. See Ala.