Massachusetts Motion for Additional Peremptory Challenges
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How to fill out Motion For Additional Peremptory Challenges?
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The opening statement shall be limited to fifteen minutes, unless the court for cause shown shall extend the time. The court in its discretion may permit, or in a civil action require, a defendant to make an opening statement of his defense before any evidence is introduced.
The State and each defendant in a noncapital case are entitled to six peremptory challenges. If there are co-defendants, the State gets six additional peremptory challenges per co-defendant.
The court may at any time allow any claim or answer to be amended as justice may require. No discovery shall be allowed except upon good cause shown. Service of witness summonses shall be in ance with the Massachusetts Rules of Civil Procedure.
All parties shall avoid proposing jury selection procedures (including attorney/party voir dire) for the first time on the day of trial.
A written motion, other than one which may be heard ex parte, and notice of the hearing thereof shall be served not later than seven (7) days before the time specified for the hearing, unless a different period is fixed by these rules or by order of the court.
4th 1164, 1171) Per CCP §170.6 (a)(2), a peremptory challenge may not be made after the following things occur: The drawing of the name of the first juror; or. If a nonjury trial, after plaintiff's counsel makes his or her opening statement; or.
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.
Convicted of a felony within the past seven years, or currently charged with a felony or in custody. Served jury duty within the last three years, or currently scheduled for state or federal jury duty. Physical or mental disability certified by a licensed doctor or Christian Science practitioner.
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.
Rule 6 of the Massachusetts Rules of Appellate Procedure provides for the filing of a motion asking the Appeals Court to temporarily "stay" or halt the execution of a lower court judgment or order pending the outcome of an appeal.
