Arizona Motion for Additional Peremptory Challenges

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Multi-State
Control #:
US-00815
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Word; 
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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.
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FAQ

Provided a party is aware of a cause, he may challenge any prospective juror on that basis. In many cases, however, parties will not have that information. Consequently, in addition to challenges for cause (which are numerically unlimited) each party may exercise four peremptory challenges.

A request to be excused must be made in writing to the court that issued the summons and must be supported by appropriate documentation. Requests for excuse should be directed to the Jury Commissioner's Office.

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.

Arizona is the first state in the nation to eliminate peremptory challenges to prospective jury members. A peremptory challenge is an objection to a proposed juror that can be based on any reason that is not discriminatory.

(c) In civil cases, each party shall be entitled to six peremptory challenges. If there are more than two parties, the court shall, for the purpose of allotting peremptory challenges, divide the parties into two or more sides ing to their respective interests in the issues.

A juror who is summoned and who willfully and without reasonable excuse fails to appear for jury service may be found by the court to be in contempt and subject to penalties provided by law.

The government has 6 peremptory challenges and the defendant or defendants jointly have 10 peremptory challenges when the defendant is charged with a crime punishable by imprisonment of more than one year.

Peremptory - Each side in a case has a certain number of challenges that can be used without giving a reason. These are called "peremptory" challenges. Each side may ask the judge to excuse particular jurors. If a juror is excused, this does not imply something bad and does not mean the juror is not competent.

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Arizona Motion for Additional Peremptory Challenges