Ohio Motion for Additional Peremptory Challenges

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State:
Multi-State
Control #:
US-00815
Format:
Word; 
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Description

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

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).

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Ohio Motion for Additional Peremptory Challenges