Louisiana Motion for Additional Peremptory Challenges
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How to fill out Motion For Additional Peremptory Challenges?
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FAQ
Except as provided in subdivision (b), in a trial for any other offense, the defendant is entitled to 10 and the state to 10 peremptory challenges.
The to challenge a potential juror without disclosing the reason for the challenge. Prosecutors and defense attorneys routinely use peremptory challenges to eliminate from juries individuals who, although they express no obvious bias, are thought to be capable of swaying the jury in an undesirable direction.
In trials of offenses punishable by death or necessarily by imprisonment at hard labor, each defendant shall have twelve peremptory challenges, and the state twelve for each defendant. In all other cases, each defendant shall have six peremptory challenges, and the state six for each defendant.
In criminal cases, parties may challenge jurors for cause during jury selection (for example, when a juror expresses an inability to be fair and impartial) or may use a certain number of peremptory challenges to remove jurors without cause.
The function of the peremptory exception of no cause of action tests the legal sufficiency of the petition by determining whether Louisiana law affords a remedy on the alleged facts.
For example, if the potential juror has a family member who was a victim of a similar crime, the defense attorney may use a peremptory challenge to exclude them from the jury.
Typical reasons include an acquaintanceship with either of the parties, prior knowledge that would prevent impartial evaluation of the evidence presented in court, bias, obvious prejudice, or an inability to serve (such as being seriously mentally ill).
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).
