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The statute is explicit that the only purpose of voir dire is to aid in the exercise of challenges for cause, and interpretative case law emphasizes that voir dire is not properly used for indoctrinating pro- spective jurors on the lawyers' theories of the case, for questioning about the applicable law, or for ...
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 any felony or misdemeanor criminal action, excluding actions before drug courts or mental health courts, any party may disqualify one judge by filing a motion for disqualification without stating any grounds, and the motion must be granted if timely filed.
French for "to speak the truth." The process through which potential jurors from the venire are questioned by either the judge or a lawyer to determine their suitability for jury service. Also the preliminary questioning of witnesses (especially experts) to determine their competence to testify.
(d) Peremptory Challenges. In all other felony cases each party, regardless of the number of defendants, is entitled to six peremptory challenges and in all misdemeanor cases each party, regardless of the number of defendants, is entitled to four peremptory challenges.
(c) In civil cases, each party shall be entitled to six peremptory challenges.
After the jury has been selected and sworn, the trial of a case proceeds as follows. An opening statement is made by the attorney for the plaintiff. The attorney for the defendant may then make an opening statement.
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.