Wisconsin Motion for Additional Peremptory Challenges

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Multi-State
Control #:
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.
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FAQ

(a) If the defendant intends to rely upon an alibi as a defense, the defendant shall give notice to the district attorney at the arraignment or at least 30 days before trial stating particularly the place where the defendant claims to have been when the crime is alleged to have been committed together with the names ...

Provided a party is aware of a cause, he may challenge any prospective juror on that basis. In many cases, however, parties will not have that information. Consequently, in addition to challenges for cause (which are numerically unlimited) each party may exercise four peremptory challenges.

Importantly, Wisconsin law requires that all 12 members of that jury in felony cases (sometimes 6 total jurors in a misdemeanor case) agree on a guilty or not guilty verdict. What happens when they don't agree? Courts generally send an instruction back ordering the jurors to agree on a verdict.

Statutory Definition of the Crime Simulating legal process, as defined in § 946.68 of the Criminal Code of Wisconsin, is committed by one who sends or delivers to another person any document which simulates legal process.

Each side is entitled to only 4 peremptory challenges except as otherwise provided in this section.

Wisconsin Statute 756.255 states that an employer shall grant an employee a leave of absence for jury service.

Every resident of the county served by a circuit court who is at least 18 years old, a U.S. citizen, and is able to understand the English language is qualified to serve as a juror in that court unless he or she has been convicted of a felony and has not had his or her civil rights restored.

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Wisconsin Motion for Additional Peremptory Challenges