§1870 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

In a civil trial, each side gets three peremptory challenges. That means a party can ask to remove up to three potential jurors without giving a reason. If there are several plaintiffs or several defendants, the judge can treat them as one side for these strikes or allow extra strikes and let them use them together or separately. Any challenge that claims a juror is biased or unfair, whether against the whole group or an individual juror, must be decided by the judge.

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.

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424 of title 28, U.S.C., 1940 ed., relating to the number of peremptory challenges in criminal cases were deleted as superseded by Rule 24 of the Federal Rules of Criminal Procedure.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”.

§1870 Challenges