We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
What is a Peremptory Challenge? A Comprehensive Legal Overview
Definition & Meaning
A peremptory challenge is a legal right that allows both the plaintiff and the defendant in a jury trial to dismiss a juror without providing a reason. This type of challenge is different from a "challenge for cause," where a specific reason must be given to justify the dismissal of a juror. The number of peremptory challenges available to each party can vary based on state law, the type of trial (civil or criminal), and the number of parties involved in the case.
Table of content
Legal Use & context
Peremptory challenges are primarily used in jury trials, which can occur in both civil and criminal cases. They allow attorneys to shape the jury by removing jurors they believe may be biased or unfavorable to their case, without needing to provide justification. Users can manage related legal processes by utilizing templates available through US Legal Forms, which can help in preparing for jury selection and understanding the implications of peremptory challenges.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, in a criminal trial, a defense attorney may use a peremptory challenge to dismiss a juror who they believe may have a bias against the defendant due to prior media coverage of the case. (hypothetical example)
In a civil case involving a dispute between two businesses, each side may use their peremptory challenges to remove jurors who they think may not understand their industry or the specifics of the case.
State-by-state differences
State
Number of Peremptory Challenges
Notes
California
6 for each side in civil cases; 20 for each side in criminal cases.
Varies based on case type.
Texas
6 for civil cases; 10 for felony cases; 6 for misdemeanor cases.
Limits may vary based on the number of parties.
Florida
3 for each side in civil cases; 6 for felony cases.
Additional challenges may be granted in complex cases.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Challenge for Cause
A request to dismiss a juror for a specific reason.
Requires justification; unlike peremptory challenges, which do not.
Jury Selection
The process of choosing jurors for a trial.
Includes both peremptory challenges and challenges for cause.
Common misunderstandings
What to do if this term applies to you
If you are involved in a jury trial and believe that peremptory challenges may impact your case, consider consulting with a legal professional who can provide guidance. You can also explore US Legal Forms for templates that can assist you in preparing for jury selection and understanding your rights regarding juror challenges.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.