Title 28 — Judiciary and Judicial ProcedureRelease 119-73
§1870 Challenges
Title 28 › Part PART V— - PROCEDURE › Chapter CHAPTER 121— - JURIES; TRIAL BY JURY › § 1870
Summary
In civil cases, each side gets three peremptory challenges. The judge can treat several plaintiffs or defendants as one, allow extra strikes, and decides all bias challenges.
Full Legal Text
Title 28, §1870
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
In civil cases, each party shall be entitled to three peremptory challenges. Several defendants or several plaintiffs may be considered as a single party for the purposes of making challenges, or the court may allow additional peremptory challenges and permit them to be exercised separately or jointly. All challenges for cause or favor, whether to the array or panel or to individual jurors, shall be determined by the court.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., § 424 (Mar. 3, 1911, ch. 231, § 287, 36 Stat. 1166). Provisions of section 424 of title 28, U.S.C., 1940 ed., relating to the number of peremptory challenges in criminal cases were deleted as superseded by Rule 24 of the Federal Rules of Criminal Procedure. The last sentence of the first paragraph was added to permit the same flexibility in the matter of challenges in civil cases as is permitted in criminal cases by said Rule 24. Words “without aid of triers” at end of section 424 of title 28, U.S.C., 1940 ed., were omitted as surplusage. Changes were made in phraseology.
Editorial Notes
Amendments
1959—Pub. L. 86–282 substituted “may” for “shall” after “several plaintiffs”, and “, or the court may allow” for “. If there is more than one defendant the court may allow the defendants”.
Reference
Citations & Metadata
Citation
28 U.S.C. § 1870
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73