A Virginia Motion for Additional Peremptory Challenges is a legal request made by either the prosecution or the defense in a criminal trial to allow for an increased number of peremptory challenges. Peremptory challenges are the right of both the prosecution and defense to dismiss potential jurors without having to provide a reason. In Virginia, the number of peremptory challenges is generally limited. However, in certain cases where there is a reasonable cause to believe that an impartial jury cannot be obtained, either party can file a Motion for Additional Peremptory Challenges. This motion seeks to persuade the court to allow for extra peremptory challenges beyond the standard limit. The purpose of granting additional peremptory challenges is to ensure a fair and unbiased jury selection process. It recognizes that in some cases, the standard number of challenges may be insufficient to remove potential jurors who exhibit a bias or prejudice that could influence their ability to render a fair verdict. By allowing for more challenges, both the prosecution and defense are given a greater opportunity to select an impartial jury that can objectively assess the evidence. There are no specific types of Virginia Motion for Additional Peremptory Challenges in terms of categories or classifications. However, the parties may file this motion for different reasons depending on the circumstances of each case. Some common situations where such a motion may be filed include highly publicized trials, cases with significant media attention, or when there are concerns about potential juror biases based on race, religion, or other characteristics. To file a Motion for Additional Peremptory Challenges in Virginia, the party must submit a written motion to the court and provide appropriate legal justification for granting extra challenges. The court will review the motion and determine whether granting additional challenges is warranted based on the circumstances presented. In conclusion, a Virginia Motion for Additional Peremptory Challenges is a legal tool used in criminal trials to request an increased number of peremptory challenges. It aims to ensure a fair and impartial jury selection process by allowing the prosecution and defense to exclude potential jurors without offering an explanation. Different circumstances may prompt the filing of this motion, and parties must provide sufficient legal justification for the court to consider granting the request.
Virginia Motion for Additional Peremptory Challenges
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How to fill out Virginia Motion For Additional Peremptory Challenges?
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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).
Ing to Virginia Code § 8.01-359, the plaintiff and defendant attorneys can each strike three additional jurors. Parties will also want to strike jurors they believe will be harmful to their case, but there was not enough information to strike them for cause.
Prior to the jury being sworn, the following objections may be made without leave of court: (i) an objection specifically pointing out the irregularity in any list or lists of jurors made by the clerk from names drawn from the jury box, or in the drawing, summoning, returning or impaneling of jurors or in copying or ...
§ 19.2-262. Waiver of jury trial; numbers of jurors in criminal cases; how jurors selected from panel. A. In any criminal case in which trial by jury is dispensed with as provided by law, the whole matter of law and fact shall be heard and judgment given by the court.
The plaintiff and defendant in a civil case or the Commonwealth and accused in a criminal case shall be advised by the court which jurors are additional jurors at the time the jury is impaneled; however, in no event, shall any juror be made aware of his status as a regular or additional juror until he is excused as a ...
If you have been convicted of a felony as an adult and have not had your civil rights restored, or have been declared mentally incompetent and your competence has not been reinstated, you are not eligible to serve on a jury.
Each side is entitled to one peremptory challenge in addition to those otherwise allowed by law 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 alternate jurors are to be impaneled.
Ing to Virginia Code § 8.01-359, the plaintiff and defendant attorneys can each strike three additional jurors. Parties will also want to strike jurors they believe will be harmful to their case, but there was not enough information to strike them for cause.