Virginia 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.
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FAQ

When selecting a jury, both parties may remove potential jurors using an unlimited number of challenges for cause (e.g., stated reasons such as bias) and a limited number of peremptory challenges (i.e., do not need to state a reason).

Ing to Virginia Code § 8.01-359, the plaintiff and defendant attorneys can each strike three additional jurors. Parties will also want to strike jurors they believe will be harmful to their case, but there was not enough information to strike them for cause.

Prior to the jury being sworn, the following objections may be made without leave of court: (i) an objection specifically pointing out the irregularity in any list or lists of jurors made by the clerk from names drawn from the jury box, or in the drawing, summoning, returning or impaneling of jurors or in copying or ...

§ 19.2-262. Waiver of jury trial; numbers of jurors in criminal cases; how jurors selected from panel. A. In any criminal case in which trial by jury is dispensed with as provided by law, the whole matter of law and fact shall be heard and judgment given by the court.

The plaintiff and defendant in a civil case or the Commonwealth and accused in a criminal case shall be advised by the court which jurors are additional jurors at the time the jury is impaneled; however, in no event, shall any juror be made aware of his status as a regular or additional juror until he is excused as a ...

If you have been convicted of a felony as an adult and have not had your civil rights restored, or have been declared mentally incompetent and your competence has not been reinstated, you are not eligible to serve on a jury.

Each side is entitled to one peremptory challenge in addition to those otherwise allowed by law if one or two alternate jurors are to be impaneled, two peremptory challenges if three or four alternate jurors are to be impaneled, and three peremptory challenges if five or six alternate jurors are to be impaneled.

Ing to Virginia Code § 8.01-359, the plaintiff and defendant attorneys can each strike three additional jurors. Parties will also want to strike jurors they believe will be harmful to their case, but there was not enough information to strike them for cause.

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Virginia Motion for Additional Peremptory Challenges