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Maine
Motion for Additional Peremptory Challenges

Maine Motion for Additional Peremptory Challenges

Category:

Criminal - Jurors

State:

Multi-State

Control #:

US-00815

Format:

Instant download

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.

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.