Vermont Motion for Additional Peremptory Challenges

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Multi-State
Control #:
US-00815
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Word; 
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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

No witness may be deposed more than once regarding the same offense, or multiple offenses arising out of the same incident, regardless of the stage of the case, without approval of the court for good cause shown and a showing that other means are not available to obtain the information sought.

Peremptory Challenges | U.S. Constitution Annotated | US Law | LII / Legal Information Institute. Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

It provides for disclosure to the defendant of stated matters upon request, which may be made in writing or orally in open court at any time. Under the last sentence of the subdivision, if no request is made, the prosecutor must in any event disclose the items, or state that they do not exist, at the omnibus hearing.

The court shall make an order consistent with the record of the conference which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions ...

Except as provided in subdivision (b), in a trial for any other offense, the defendant is entitled to 10 and the state to 10 peremptory challenges.

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.

Upon a defendant's request, the government must disclose to the defendant the substance of any relevant oral statement made by the defendant, before or after arrest, in response to interrogation by a person the defendant knew was a government agent if the government intends to use the statement at trial.

A party or an attorney responsible for the issuance and service of a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena.

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Vermont Motion for Additional Peremptory Challenges