New York Motion for Additional Peremptory Challenges

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Multi-State
Control #:
US-00815
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Word; 
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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

Each party must be allowed the following number of peremptory challenges: (a) Twenty for the regular jurors if the highest crime charged is a class A felony, and two for each alternate juror to be selected.

The CPLR 3126(3) motion to strike a pleading is premised upon establishing a willful failure to disclose; obviously, a movant's regular and documented efforts to coax compliance must found the motion.

Section 3012 - Service of pleadings and demand for complaint (a) Service of pleadings. The complaint may be served with the summons, except that in an action arising out of a consumer credit transaction, the complaint shall be served with the summons.

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.

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.

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 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.

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.

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New York Motion for Additional Peremptory Challenges