Clark Nevada Motion for Additional Peremptory Challenges

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Multi-State
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Clark
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 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.

The term peremptory challenge refers to the practice of excusing potential jurors without providing a reason why. Jurors may also be excluded because the attorneys and the judge believe that the juror, for whatever reason, can't be fair. This is called a 'for cause' challenge.

If the offense charged is punishable by death or by imprisonment for life, each side is entitled to eight peremptory challenges.

The challenge is usually made by a written motion to the court in the proper format with specific language and supported by a declaration made under penalty of perjury. An oral motion under oath is also allowed.

The rationale behind allowing peremptory challenges is to give the attorneys an opportunity to seat the best jury for each case. Since each side will reject the jurors that they presume will favor the other side, the result should be a well-balanced jury.

B. peremptory - Each side in a case has a certain number of challenges that can be used without giving a reason. These are called "peremptory" challenges. Each side may ask the judge to excuse particular jurors. If a juror is excused, this does not imply something bad and does not mean the juror is not competent.

Peremptory Challenge and Juror Bias Potential jurors may inherently be biased against certain acts or people. For instance, a retired police officer may not be able to serve impartially in a trial for a defendant accused of shooting a police officer while trying to escape a drug house.

Prohibited Peremptory Challenges Although no reason must be given for exercising a peremptory challenge, an attorney's use of the challenge cannot be motivated by bias.

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.

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.

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Should such civil judge recuse or be disqualified, the chief judge will then reassign to another judge in the civil division. (b) Peremptory challenges.(b) A party, or the trial court on its own motion, may object to the improper use of a peremptory challenge under subdivision (a). Leesville Concrete Co. and the Batson Motion in Civil Litigation. Either a civilian or a police officer may fill out a criminal complaint. And Inns of Court long before the first gavel fell in a Virginia case. Exercise peremptory challenges. For any other offense, the defendant has five peremptory challenges and the prosecutor has three. On January 28, 2000, Zilog filed a section 170. In addition to challenges for cause, Colorado law provides peremptory challenges that allow "the prosecution and the defense.

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Clark Nevada Motion for Additional Peremptory Challenges