Montana Motion for Additional Peremptory Challenges
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How to fill out Motion For Additional Peremptory Challenges?
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FAQ
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.