Maine Motion for Additional Peremptory Challenges is a legal procedure that allows litigants in Maine state courts to request additional peremptory challenges in a jury selection process. Peremptory challenges are a limited number of dismissals that attorneys can make without providing a reason for excluding a potential juror. In Maine, the standard number of peremptory challenges is determined by law and depends on the type of case and the number of parties involved. However, there are instances when the assigned number of peremptory challenges might not be sufficient for the litigants to ensure an impartial jury is selected. The Maine Motion for Additional Peremptory Challenges provides a solution in such situations. By filing this motion, a party can request the court's permission to receive extra peremptory challenges to adequately assess prospective jurors during the selection process. This motion is commonly used to address circumstances where complex or high-profile cases require an extensive, fair, and impartial jury selection procedure. It's important to note that the granting of additional peremptory challenges is at the court's discretion. The court will consider the arguments presented in the motion, the complexity or sensitivity of the case, and any potential hardships or biases that may arise during the selection process. The court may also consider the potential impact on the efficiency and expeditiousness of the trial. There are no specific types of Maine Motion for Additional Peremptory Challenges. The motion itself is a procedural tool available to any party in a civil or criminal case in Maine state courts. However, the need for such a motion can vary depending on the nature and circumstances of each case. In conclusion, the Maine Motion for Additional Peremptory Challenges is a legal mechanism to address situations where the standard number of peremptory challenges is deemed insufficient. By filing this motion, parties can request extra peremptory challenges to ensure a fair and impartial jury selection, particularly in complex or high-profile cases. However, the court has discretionary power to grant or deny the request based on various factors concerning the case.
Maine Motion for Additional Peremptory Challenges
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How to fill out Maine Motion For Additional Peremptory Challenges?
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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.
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.
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.
In other words, a challenge for cause is used to get rid of any jurors who can't consider the evidence fairly, or who will be influenced by hidden biases. Challenges for cause differ from peremptory challenges, which may be used by either side to remove prospective jurors for any reason.
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.
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.