Delaware 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

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 ...

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Delaware Motion for Additional Peremptory Challenges