A Tennessee Motion for Additional Peremptory Challenges is a legal request made by one party in a court case to the judge, seeking permission to have more peremptory challenges than what is normally allowed in the jury selection process. Peremptory challenges are the right of each party to exclude a limited number of prospective jurors without giving any reason. In Tennessee, the number of peremptory challenges is generally limited by the court rules. However, there are situations where the complexity, sensitivity, or high profile nature of a case may warrant the need for additional peremptory challenges. This motion allows the requesting party to explain why more challenges are necessary and provide valid justifications to support their request. By filing a Motion for Additional Peremptory Challenges, the moving party may seek to ensure a fair and impartial jury selection process by excluding potential jurors who they believe may have biases, conflicts of interest, or other factors that could impact their ability to render an unbiased verdict. It is crucial to note that Tennessee's rules vary depending on the type of case. For instance, in criminal cases, the Tennessee Rules of Criminal Procedure may allow for a different number of peremptory challenges compared to civil cases. The specific types of Tennessee Motion for Additional Peremptory Challenges can include motions in criminal cases, civil cases, or even in specific areas of law, such as family law or personal injury cases. These motions must include valid justifications to convince the court that additional peremptory challenges are warranted. Justifications could include the complexity or notoriety of the case, pretrial publicity, potential juror bias, the number of parties involved, or any other factors unique to the case that may affect the impartiality of the jury. In summary, a Tennessee Motion for Additional Peremptory Challenges is a legal request that allows a party in a court case to ask for more peremptory challenges. These motions are typically filed when the complexity, sensitivity, or unique circumstances of a case require additional challenges for a fair and impartial jury selection process. Various types of these motions exist, such as those filed in criminal cases, civil cases, or specific areas of law. Justifications provided in the motion must demonstrate why the additional peremptory challenges are necessary for a fair trial.
Tennessee Motion for Additional Peremptory Challenges
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Peremptory - Each side in a case has a certain number of challenges that can be used without giving a reason. These are called "peremptory" challenges. Each side may ask the judge to excuse particular jurors. If a juror is excused, this does not imply something bad and does not mean the juror is not competent.
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.
Neither side will have more than eight peremptory challenges regardless of the number of parties on that side. See Tennessee Code Annotated § 22-3-105.
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.
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.
RULE 38. In cases removed by appeal or otherwise to the chancery or circuit courts or to courts of similar jurisdiction, any party may demand a trial by jury of any issue triable of right by jury by filing written demand for jury trial within ten (10) days after the papers are filed with the clerk.