A Delaware Motion for Additional Peremptory Challenges refers to a legal procedure through which a party in a trial can request the court to grant them extra opportunities to remove potential jurors without providing any specific reason. In Delaware, the number of peremptory challenges allowed to each side is generally limited, but under certain circumstances, a party can seek additional challenges by filing this motion. Peremptory challenges play an essential role in the jury selection process, allowing both the prosecution and defense to remove potential jurors they believe may be biased or unfavorable to their case. These challenges are different from challenges for cause, where a specific reason must be shown to request a juror's removal. In Delaware, the Rules of Criminal Procedure govern the usage of peremptory challenges, and the number may vary depending on the type of case or court. Typically, criminal cases involving serious offenses grant a larger number of challenges compared to civil cases. However, for both criminal and civil trials, the court may, in certain situations, permit additional peremptory challenges upon the proper filing of a motion. The Delaware Motion for Additional Peremptory Challenges can be categorized into two main types: one for criminal cases and another for civil cases. Each type requires specific information and filing procedures. For a Delaware criminal case, the attorney representing the defendant can file a Motion for Additional Peremptory Challenges. This motion should outline the reasons why the defendant believes the current number of peremptory challenges is insufficient to ensure an impartial jury. The attorney may argue that the case involves complex issues, high media coverage, or any other circumstances that may affect the juror selection process. The motion must be filed in a timely manner and presented before the court for consideration. In civil cases, both the plaintiff and the defendant have the right to use peremptory challenges. However, they may still seek additional challenges if they can demonstrate a valid reason. For example, in cases involving multiple parties or complex legal matters, the court may grant extra peremptory challenges to both sides. The procedure for filing a Motion for Additional Peremptory Challenges in civil cases involves submitting a written motion to the court, clearly explaining why the additional challenges are necessary, and providing supporting arguments or case law if applicable. In summary, a Delaware Motion for Additional Peremptory Challenges allows a party in a trial to request the court for more opportunities to remove potential jurors without providing specific reasons. It can be filed in both criminal and civil cases, and the reasons and procedures may differ slightly for each type. By filing this motion, a party aims to ensure a fair and impartial jury selection process, especially in cases where complex issues or extraordinary circumstances may pose challenges to selecting an unbiased jury.
Delaware Motion for Additional Peremptory Challenges
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Rule 29 - Dismissal (a)Voluntary dismissal. -At any time before filing of the appellee's brief, an appellant may dismiss the appellant's appeal voluntarily by serving a notice of dismissal upon the other parties to the appeal, by filing the same with the Clerk and paying the costs.
Rule 48 - Dismissal (a) By attorney general. - The attorney general may without leave of the court file a dismissal of an indictment, information or complaint and the prosecution shall thereupon terminate.
On timely motion, the court may permit anyone to intervene who: (A) is given a conditional right to intervene by a state statute; or (B) has a claim or defense that shares with the main action a common question of law or fact. (2)By a Government Officer or Agency.
Rule 25 - Substitution of parties (a) Death. (1) If a party dies and the claim is not thereby extinguished, the Court may order substitution of the proper parties.
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.
The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by law shall not be used against an alternate juror. (c) Peremptory challenges. Each party shall be entitled to 3 peremptory challenges.
-- Rule 26 protects communications between the party's attorney and any witness required to provide an opinion under Rule 26(b)(4) regardless of the form of the communications, except to the extent that communications: (i) relate to compensation for the expert study or testimony; (ii) identify facts or data that the ...
When actions involving a common question of law or fact are pending before the Court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or ...