Utah Motion for Additional Peremptory Challenges

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Multi-State
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US-00815
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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.

The Utah Motion for Additional Peremptory Challenges is a legal filing used in the state of Utah court system. It allows either party in a trial to request the court to grant them additional challenges to potential jurors during the jury selection process. Peremptory challenges are a way for both the prosecution and defense to dismiss potential jurors without providing a reason or cause. While challenges for cause require a specific reason, such as bias or conflict of interest, peremptory challenges can be used at the discretion of the attorney. The purpose of the Utah Motion for Additional Peremptory Challenges is to address cases where there may be a need for a larger pool of potential jurors due to their specific circumstances. This motion seeks to expand the number of peremptory challenges available to either side, which can potentially result in a fairer and more impartial jury selection process. There may be different types of Utah Motions for Additional Peremptory Challenges, each serving different purposes. Here are a few examples: 1. Motion for Additional Peremptory Challenges Based on Complex Case: This type of motion may be filed when the complexity of the case requires a greater number of peremptory challenges. It highlights the need for a more extensive vetting process to ensure a fair and impartial jury. 2. Motion for Additional Peremptory Challenges Based on Publicity: When a case receives significant publicity in the media, it can potentially bias potential jurors. This motion seeks additional peremptory challenges to allow attorneys to thoroughly assess and exclude potential jurors who may have formed opinions based on media coverage. 3. Motion for Additional Peremptory Challenges Based on Highly Biased Juror Pool: In some instances, an attorney may argue that the initial pool of potential jurors is highly biased, potentially affecting the outcome of the trial. This motion requests additional peremptory challenges for both parties to increase the chance of selecting unbiased jurors. 4. Motion for Additional Peremptory Challenges Based on Case Sensitivity: Certain cases, such as those involving sensitive subject matters like sexual assault or child abuse, may require an extra level of scrutiny during jury selection. This motion asks for additional peremptory challenges to carefully assess potential jurors and eliminate any biases that may hinder a fair trial. In summary, the Utah Motion for Additional Peremptory Challenges serves as a legal avenue for attorneys to request an expanded number of peremptory challenges during jury selection. Its purpose is to ensure a fair and impartial jury in cases with complex issues, high publicity, biased juror pools, or sensitive subject matters.

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FAQ

In California, for most cases the number of peremptory challenges available to each lawyer is ten so long as there is one defendant. For death penalty or life imprisonment cases where a single defendant is involved, each attorney is permitted 20 peremptory challenges.

A party seeking to recover upon a claim, counterclaim or cross-claim or to obtain a declaratory judgment may move for summary judgment at any time after service of a motion for summary judgment by the adverse party or after 21 days from the commencement of the action.

A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings. Every other judgment should grant the relief to which each party is entitled, even if the party has not demanded that relief in its pleadings.

The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

No later than 28 days after entry of the judgment the court, on its own, may order a new trial for any reason that would justify a new trial on motion of a party. After giving the parties notice and an opportunity to be heard, the court may grant a timely motion for a new trial for a reason not stated in the motion.

Utah Rule Civil Procedure 55 - Default Judgment Under Utah law, a court clerk may enter a default against a defendant who fails to answer a complaint within the required time period. Once a default has been entered against a party, Utah law provides that the opposing party may be entitled to a default judgment.

Rule 56 allows parties to jointly file a statement of stipulated facts. If they do so, they may state that the stipulation is only for the purpose of the motion for summary judgment and is not intended to be otherwise binding.

Jurors shall not communicate with any person regarding a subject of the trial. Jurors may communicate with court personnel and among themselves about topics other than a subject of the trial.

More info

If there is more than one defendant the court may allow the defendants additional peremptory challenges and permit them to be exercised separately or jointly. If one or two alternate jurors are called, each party is entitled to one peremptory challenge in addition to those otherwise allowed. (f) Challenges for cause.The prosecution and defense can ask for certain jurors to be removed by making “for cause” and peremptory challenges. Challenge for Cause. Either the ... by CM Morrison · 2014 · Cited by 47 — CAREN MYERS MORRISON*. Peremptory challenges enable litigants to remove otherwise qualified prospective jurors from the jury panel without any showing of. by JS jon Procedures — vides the venire with a special questionnaire to fill out before ques ... peremptory challenges by the number of additional challenges provided for by the rules. Apr 14, 2020 — Two avenues are available to ensure a fair jury pool in both civil and criminal cases: challenges for cause and peremptory challenges. may request one additional peremptory challenge each, which may be granted by the ... (5) Before filing an appeal, a party shall file a motion for a new trial ... The Petition to Amend Rules 18.4, 18.5, and 47(e) (opens in a new tab) to abolish peremptory challenges supported the repeal of peremptory challenges. On ... Dec 23, 2022 — The SJSW proposed three case-specific questionnaire templates" "designed around the following best practices", in pertinent part: •. Employing ... by J Montoya · Cited by 92 — The proposal is simple: Allow the usual number of alternat- ing peremptory challenges and allow the complete questioning of the jury panelists, but allow voir ...

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Utah Motion for Additional Peremptory Challenges