South Dakota Motion for Additional Peremptory Challenges

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State:
Multi-State
Control #:
US-00815
Format:
Word; 
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Description

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

Leesville Concrete Co., the United States Supreme Court held that a civil litigant's use of a peremptory challenge to exclude a prospective juror solely on the basis of race was an act of discrimination that violated the equal protection component of the Fifth Amendment's due process clause.

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.

If there are more than two parties, the court shall, for the purpose of allotting peremptory challenges, divide the parties into two or more sides ing to their respective interests in the issues. Each side shall be entitled to eight peremptory challenges.

If any person summoned to appear as a grand juror or petit juror fails, refuses, or neglects to appear, or willfully fails to complete and return the jury questionnaire, or if having appeared, fails, without good case, to attend as required by the court, such person is guilty of contempt of the court and may be fined ...

Juror Pay Information: Jurors receive $50.00 per day attendance for each day reporting whether selected for service or not.

Any person who has been convicted of a felony unless restored to civil rights is not eligible to serve as a juror. No potential juror may be excluded from jury duty because of a visual or hearing impairment.

French for "to speak the truth." The process through which potential jurors from the venire are questioned by either the judge or a lawyer to determine their suitability for jury service. Also the preliminary questioning of witnesses (especially experts) to determine their competence to testify.

In the State of South Dakota, jurors are selected randomly from a list which combines names from the list of registered voters and the list of South Dakota licensed drivers over the age of eighteen (18) who are residents of the county.

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South Dakota Motion for Additional Peremptory Challenges