Motion for Additional Peremptory Challenges
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FAQ
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. See Batson challenge. criminal procedure. wex definitions.
Prior to Bill C-75's enactment, the accused and the Crown could each peremptorily challenge up to twenty prospective jurors pursuant to s. 634(1) of the Code. In other words, the accused and the Crown could reject potential jurors from serving without providing any reasons.
Peremptory challenges are limited to a certain number determined by the kind of lawsuit being tried. They can't be used to discriminate on the basis of race or sex. When both parties have agreed upon a jury, the jurors are sworn in to try the case by the court clerk. Those not selected are excused.
In federal criminal trials, the number of peremptory challenges allowed is ten for the defendant and six for the prosecution in a felony case, 20 for each side in a death penalty case, and three for each side in a misdemeanor case (Fed.
The government has 6 peremptory challenges and the defendant or defendants jointly have 10 peremptory challenges when the defendant is charged with a crime punishable by imprisonment of more than one year.
Peremptory challenges are limited to a certain number determined by the kind of lawsuit being tried. They can't be used to discriminate on the basis of race or sex. When both parties have agreed upon a jury, the jurors are sworn in to try the case by the court clerk. Those not selected are excused.
The number of challenges available There are up to five peremptory challenges for each accused where there are two accused,12 and up to four peremptory challenges each where there are three or more accused.
California currently permits a party in a civil case six (6) peremptory challenges, and 10 in non-capital criminal cases.
The government has 6 peremptory challenges and the defendant or defendants jointly have 10 peremptory challenges when the defendant is charged with a crime punishable by imprisonment of more than one year.