Washington Motion for Additional Peremptory Challenges

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US-00815
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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.

The Washington Motion for Additional Peremptory Challenges is a legal process that allows parties in a court case to request an increase in the number of peremptory challenges they can exercise during jury selection. Peremptory challenges refer to the right of each party to dismiss potential jurors without stating a reason, and this motion seeks to expand this right to ensure the selection of an unbiased and fair jury. In Washington state, the standard number of peremptory challenges is limited based on the type of case. However, there are situations where the complexity or sensitivity of the case may warrant an increase in the number of challenges. Parties may file a Motion for Additional Peremptory Challenges to request the court's permission to exercise more challenges than allowed under normal circumstances. The objective of this motion is to maintain a fair and impartial jury by allowing each party adequate opportunity to eliminate potential jurors who may have biases or prejudices that could influence their decision-making in the case. It is crucial to note that peremptory challenges should not be used as a means to discriminate or exclude jurors based on impermissible factors such as race, gender, or religion. The granting or denial of a Motion for Additional Peremptory Challenges lies within the discretion of the presiding judge, who will consider several factors before making a decision. These factors may include the complexity of the legal issues involved, the potential impact on jury impartiality, and the potential for undue delay in the trial proceedings. By allowing parties to request additional peremptory challenges, the Washington Motion for Additional Peremptory Challenges helps to ensure that jury selection is a fair and transparent process. This maximizes the likelihood of a balanced and unbiased jury, ultimately safeguarding the integrity of the legal system. Types of Washington Motion for Additional Peremptory Challenges: 1. Civil Cases: In civil litigation, where disputes between private parties are resolved in court, parties have the option to file a Motion for Additional Peremptory Challenges if they believe that the complexity or sensitivity of the case requires an increased number of challenges. 2. Criminal Cases: In criminal proceedings, where individuals are accused of committing crimes, the prosecution or defense may file a Motion for Additional Peremptory Challenges. This motion may be filed if the nature of the charges, media attention, or public interest surrounding the case necessitates additional challenges for jury selection. In conclusion, the Washington Motion for Additional Peremptory Challenges is a crucial legal tool to ensure a fair trial by allowing parties to request an increase in the number of peremptory challenges during jury selection. This motion serves to enhance jury impartiality, maintain transparency in the legal process, and uphold the principles of justice.

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Peremptory challenges do not require the lawyers to state any reason for excusing a juror. Peremptory challenges are intended to allow lawyers, both prosecution and defense, to do their best to assure that the trial is fair. Peremptory challenges are limited to three per side in most cases.

In setting cases for trial, unless otherwise provided by statute, preference shall be given to criminal over civil cases, and cases where the defendant or a witness is in confinement shall have preference over other cases.

Jurors over the age of 70 may request to be excused without documentation. If you are a juror in this situation, please fill out your juror questionnaire and indicate that you would like to be excused due to age. Once the questionnaire is received by Jury Administration, you will be excused.

A peremptory challenge is an objection to a juror for which no reason need be given, but upon which the court shall exclude the juror.

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.

If the court determines that an objective observer could view race or ethnicity as a factor in the use of the peremptory challenge, then the peremptory challenge shall be denied. The court need not find purposeful discrimination to deny the peremptory challenge.

Rule 37 authorizes the court to direct that parties or attorneys who fail to participate in good faith in the discovery process pay the expenses, including attorney's fees, incurred by other parties as a result of that failure.

Also known as the Access to Court Records rule, General Rule 31 opened court records to public inspection (with limited exceptions). Attorneys, clerks, the press, and victims' advocates all considered the myriad of issues raised by providing easier, more comprehensive, and online access to court records.

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This rule applies in all jury trials. (c) Objection. A party may object to the use of a peremptory challenge to raise the issue of improper bias. The court ... 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 ...A peremptory challenge is an objection to a juror for which there is no reason given, but upon which the court shall exclude the juror. In prosecutions for ... The Court respects that there are many ways to handle the logistics of peremptory challenges and will be seeking input from Counsel as to their preferred method. If there are co-defendants, the State gets six additional peremptory challenges per co-defendant. ... Defense attorneys should file a pretrial motion to ... Jun 16, 2023 — Any motion challenging an expert witness must be filed by the pretrial motions deadline. ... The next step is peremptory challenges. Each side has ... PROCEDURES FOR ALL CRIMINAL CASES. This Order sets forth the procedures that govern all criminal cases assigned to this Court. The procedures supplement the ... Jury service begins with a summons to serve the court. Jurors are selected from Washington State driver license/ID and voter registration records provided ... by CM Morrison · 2014 · Cited by 47 — CAREN MYERS MORRISON*. Peremptory challenges enable litigants to remove otherwise qualified prospective jurors from the jury panel without any showing of. Apr 14, 2020 — Two avenues are available to ensure a fair jury pool in both civil and criminal cases: challenges for cause and peremptory challenges.

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Washington Motion for Additional Peremptory Challenges