Alabama Motion for Additional Peremptory Challenges
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How to fill out Motion For Additional Peremptory Challenges?
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FAQ
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.
