Iowa Motion for Additional Peremptory Challenges

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Multi-State
Control #:
US-00815
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Description

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

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.

Rule 1.281 governs "expedited civil actions" in which the sole relief sought is a money judgment and in which all claims (other than compulsory counterclaims) for all damages by or against any one party total $75,000 or less, including damages of any kind, penalties, prefiling interest, and attorney fees, but excluding ...

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.

Also, the court has discretion to excuse someone from jury service upon a finding of hardship, inconvenience, or public necessity. If you want to be excused from jury service, you should file a written request with the clerk of court as soon as possible after you receive the summons to serve.

Juror 22 is African American and Juror 42 is white. If the prosecution uses a peremptory challenge to excuse Juror 22 (and not Juror 42), the defendant can use a comparison of the two similar jurors in order to prove the racial motivation behind the prosecution's selection.

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).

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.

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.

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Iowa Motion for Additional Peremptory Challenges