A MANUAL OF JURY TRIAL PROCEDURES - 2004
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Chapter Two: Jury Selection

2.9    Peremptory Challenges
         A. Civil
         B. Criminal

A MANUAL OF JURY TRIAL PROCEDURES - 2004

A.    Peremptory Challenges: Civil

Rule 47(b), Fed. R. Civ. P., refers to 28 USC 1870 as establishing the number of civil peremptory challenges. Section 1870 specifies that each party is entitled to three peremptory challenges; where there are several defendants or plaintiffs in a case, for purposes of determining each side's peremptory challenges, the court may allow additional peremptory challenges to each side and permit the challenges to be exercised separately or jointly.

Because there are no alternate jurors in civil cases, there is no provision for additional peremptory challenges based upon alternates.

A MANUAL OF JURY TRIAL PROCEDURES - 2004

B.     Peremptory Challenges: Criminal

1. Number of Peremptory Challenges

Rule 24(b), Fed. R. Crim. P., provides the following peremptory challenges:

Type of Criminal Case

Peremptory Challenges

Any offense punishable by death

20 per side

Any offense punishable by

imprisonment for more than one year

government 6; defendant(s) 10

Any offense punishable by imprisonment for not more than one year or by a fine, or both

3 per side

The joinder of two or more misdemeanor charges for trial does not entitle a defendant to ten peremptory challenges. See United States v. Machado, 195 F.3d 454, 457 (9th Cir. 1999).

2. Additional Peremptory Challenges–Where Alternates to Be Impaneled

Rule 24(c), Fed. R. Crim. P., also specifies the number of peremptory challenges to prospective alternate jurors:

No. of Alternates To Be Impaneled

Number of Peremptory Challenges

1 or 2

1 peremptory challenge in addition to those otherwise allowed

3 or 4

2 peremptory challenges to each side, in addition to those otherwise allowed

5 or 6

3 peremptory challenges to each side, in addition to those otherwise allowed

 

The additional peremptory challenges may be used against alternate jurors only. Fed. R. Crim. P. 24(c)(4).

3. Additional Peremptory Challenges–Multiple Defendants

There is no right to additional peremptory challenges in multiple defendant cases. Rule 24(b), Fed. R. Crim. P., makes award of additional challenges permissive. Furthermore, disagreement between codefendants on the exercise of joint peremptory challenges does not mandate a grant of additional challenges, unless the defendants demonstrate that the jury ultimately selected is not impartial or representative of the community. United States v. McClendon, 782 F.2d 785, 788 (9th Cir. 1986).