Title: Understanding the Nevada Motion for Additional Peremptory Challenges Introduction: The Nevada Motion for Additional Peremptory Challenges is a legal recourse that allows parties involved in a lawsuit to request additional opportunities to strike potential jurors without having to provide a specific reason. Peremptory challenges are a vital tool in the pretrial process, enabling attorneys to shape a fair jury that they believe will be impartial and favorable to their client's case. Key Information: 1. Nevada Peremptory Challenges: In Nevada, peremptory challenges grant attorneys the ability to dismiss potential jurors from the jury pool without stating a reason. Typically, each party is given a specific number of peremptory challenges, allowing them to eliminate potential jurors for various reasons, including biases or unfavorable characteristics. 2. Purpose of the Nevada Motion for Additional Peremptory Challenges: The motion for additional peremptory challenges serves to request an extension of the limited number of peremptory challenges usually allotted to each party. This motion is filed when the party feels that the existing number of peremptory challenges is insufficient to ensure a fair and unbiased jury selection. 3. Grounds for Filing the Motion: a. Complexity of the Case: If the case is exceptionally complex, with an extensive set of facts or legal issues, the attorney may argue that more peremptory challenges are needed to ensure a thorough and fair selection process. b. Prevalence of Bias: The attorney may highlight any indications or concerns regarding potential juror bias that were not covered by the initial set of peremptory challenges. c. Importance of the Case: The gravity of the case, its potential impact on the parties involved, or the complexity of legal matters might be used as grounds for demonstrating the necessity of additional peremptory challenges. Types of Nevada Motion for Additional Peremptory Challenges: 1. Motion for Additional Peremptory Challenges During Jury Selection: This motion is filed during the jury selection process to request additional peremptory challenges before the final jury is chosen. Typically, attorneys have a limited number of peremptory challenges at their disposal, and this motion seeks to expand that number. 2. Motion for Additional Peremptory Challenges in Retrial: In the event of a retrial, where the same pool of potential jurors is being used, this motion may be filed to argue that the prior peremptory challenges failed to exclude biased jurors and, hence, an increased number of peremptory challenges is needed. Conclusion: In Nevada, the Motion for Additional Peremptory Challenges allows attorneys to request an expansion of the typically limited number of peremptory challenges given during jury selection. Filed on various grounds, this motion ensures a fair and unbiased jury selection process by granting attorneys the ability to dismiss prospective jurors without stating a specific reason. Understanding the nuances of this motion is crucial to attorneys involved in litigation in Nevada.
Nevada Motion for Additional Peremptory Challenges
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How to fill out Nevada Motion For Additional Peremptory Challenges?
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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.
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.
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.
If the offense charged is punishable by death or by imprisonment for life, each side is entitled to eight peremptory challenges. 2. If the offense charged is punishable by imprisonment for any other term or by fine or by both fine and imprisonment, each side is entitled to four peremptory challenges.
The rules governing this process is outlined in California Code of Civil Procedure § 231. Each side is entitled to six peremptory challenges, unless the judge allows more challenges. Use peremptory challenges on potential jurors you have identified as harmful to your case but you were not able to remove "for cause."
In Nevada, attorneys are allowed to file one peremptory challenge in civil cases, allowing for the litigation to be randomly assigned to a new judge. Judges can face peremptory challenges for multiple reasons, said attorney Bruce Shapiro, who has practiced family law in Clark County since 1990.
(a) Sickness or physical disability. (b) Serious illness or death of a member of the juror's immediate family. (c) Undue hardship or extreme inconvenience. (d) Public necessity.