The Ohio Motion for Additional Peremptory Challenges is a legal tool used in the state of Ohio, specifically within the context of jury selection during a trial. In Ohio, each party involved in a trial has a limited number of peremptory challenges, which allow them to remove potential jurors without providing a specific reason. However, under certain circumstances, parties may request additional peremptory challenges through this motion. This motion acts as a formal request made by either the prosecution or the defense, asking the court to grant them additional peremptory challenges beyond the predetermined number allowed by law. The motion must be filed with the court and may be granted or denied at the judge's discretion. The purpose of this motion is to ensure a fair and impartial jury selection process by allowing both sides to actively participate in the elimination of potential jurors they believe may be biased or unfit for the case. The granting of additional peremptory challenges through this motion is typically based on compelling reasons presented to the court. These reasons could include factors such as the complexity of the case, the high-profile nature of the trial, the potential for substantial prejudice, or the existence of numerous potential jurors with preconceived biases. The party making the motion must provide strong justifications to convince the court that extra peremptory challenges are necessary for a fair trial. It's worth noting that there are no specific types of Ohio Motion for Additional Peremptory Challenges. Instead, it is a general motion that can be used in various types of cases across the state. Whether it is a criminal, civil, or any other form of litigation, the motion remains the same. However, the circumstances and reasons provided in support of the motion may differ depending on the specific case and its unique characteristics. In conclusion, the Ohio Motion for Additional Peremptory Challenges is a legal procedure utilized during jury selection in Ohio to ensure fairness and impartiality in the trial process. It allows parties to request extra peremptory challenges beyond the statutory limit, provided they can provide compelling reasons to convince the court. This motion is not limited to any particular type of case and can be used in various legal proceedings across Ohio's courts.
Ohio Motion for Additional Peremptory Challenges
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Typical reasons include an acquaintanceship with either of the parties, prior knowledge that would prevent impartial evaluation of the evidence presented in court, bias, obvious prejudice, or an inability to serve (such as being seriously mentally ill).
For example, if the potential juror has a family member who was a victim of a similar crime, the defense attorney may use a peremptory challenge to exclude them from the jury.
The to challenge a potential juror without disclosing the reason for the challenge. Prosecutors and defense attorneys routinely use peremptory challenges to eliminate from juries individuals who, although they express no obvious bias, are thought to be capable of swaying the jury in an undesirable direction.
Each party is entitled to one peremptory challenge in addition to those otherwise allowed if one or two alternate jurors are to be impaneled, two peremptory challenges if three or four alternate jurors are to be impaneled, and three peremptory challenges if five or six alternative jurors are to be impaneled.
(1) Application for a new trial shall be made by motion which, except for the cause of newly discovered evidence, shall be filed within fourteen days after the verdict was rendered, or the decision of the court where a trial by jury has been waived, unless it is made to appear by clear and convincing proof that the ...
If the evidence shows the defendant is not guilty of the degree of crime for which the defendant was convicted, but guilty of a lesser degree thereof, or of a lesser crime included therein, the court may modify the verdict or finding ingly and shall pass sentence on such verdict or finding as modified.
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.
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).