Montana Motion for Additional Peremptory Challenges refers to a legal procedure used in Montana state courts to request permission for additional peremptory challenges in a trial. Peremptory challenges allow attorneys to dismiss potential jurors without stating a specific cause or reason. In Montana, the number of peremptory challenges available to each party in a civil or criminal trial is typically limited. However, under certain circumstances, a party may file a motion to request additional peremptory challenges beyond the usual allocation. This motion provides an opportunity for attorneys to exercise their discretion in removing potential jurors they consider unfavorable or biased, ensuring a fair and impartial jury selection process. There are mainly two types of Montana Motion for Additional Peremptory Challenges: 1. Motion for Additional Peremptory Challenges in Jury Selection: This type of motion is filed prior to the jury selection process. Attorneys may present valid reasons to the court, such as the complexity of the case or potential prejudices, to justify the need for more peremptory challenges than initially allotted. The court will then assess the motion and decide whether to grant additional challenges. 2. Motion for Additional Peremptory Challenges during Trial: In some instances, unforeseen circumstances during trial proceedings may warrant further peremptory challenges. This type of motion allows attorneys to request additional challenges when potential biases or developments emerge that could affect the fairness of the trial. Factors such as newly discovered evidence, juror misconduct, or significant changes in the case may be considered in this motion. It is important to note that the granting of additional peremptory challenges is not automatic and lies within the discretion of the court. The requesting party must present compelling arguments supported by legal principles and relevant case law to persuade the court to allow extra challenges. Overall, the Montana Motion for Additional Peremptory Challenges is an essential tool that attorneys utilize to safeguard the integrity of the jury selection process and ensure a fair trial. By exercising these challenges, attorneys can carefully shape the composition of the jury to ensure a more objective and unbiased decision-making process.
Montana Motion for Additional Peremptory Challenges
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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).
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.
Provided a party is aware of a cause, he may challenge any prospective juror on that basis. In many cases, however, parties will not have that information. Consequently, in addition to challenges for cause (which are numerically unlimited) each party may exercise four peremptory challenges.
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.
(A) Trials Involving Only One Defendant: (1) In trials involving misdemeanors only and when there is only one defendant, the Commonwealth and the defendant shall each be entitled to 5 peremptory challenges.
They may be excused by the judge. The Crown and defence lawyers then have the opportunity to accept or challenge other prospective jurors. There are three types of challenges to a juror, only two of which are available to the defence. These are: stand-asides, peremptory challenges and challenge for cause.
And I will explain another juror, in another video how this jury selection works but the bottom line, is peremptory jury challenges are no longer allowed. In most trials you had twelve, of challenges in the past, in a murder trial you had twenty.
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.