Alameda California Motion for Additional Peremptory Challenges

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State:
Multi-State
County:
Alameda
Control #:
US-00815
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Word; 
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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.
Alameda California Motion for Additional Peremptory Challenges is a legal document filed by attorneys during jury selection in a court case. This motion requests permission to exercise additional peremptory challenges, which allow attorneys to dismiss potential jurors without stating a cause for removal. Peremptory challenges are an essential tool for attorneys to shape a fair and impartial jury. They enable attorneys to remove potential jurors whom they believe may be biased, have a preconceived opinion about the case, or hold any other disqualifying characteristic. By utilizing peremptory challenges, attorneys can ensure that the selected jury is unbiased and will deliver a fair trial. In Alameda, California, as in many other jurisdictions, the court sets a limit on the number of peremptory challenges allowed to each side. However, circumstances may arise during jury selection that warrant seeking additional peremptory challenges. The Alameda California Motion for Additional Peremptory Challenges serves as a formal request to the court, requesting an increased number of peremptory challenges due to specific reasons presented by the attorney. Examples of situations where attorneys may file an Alameda California Motion for Additional Peremptory Challenges include: 1. Complexity of the case: If the case is exceptionally complex, involves multiple parties, or has unique legal issues, attorneys may argue that a greater number of peremptory challenges is required to ensure a diverse jury pool capable of handling the intricacies of the case. 2. High-profile nature: In high-profile cases that attract significant media attention, attorneys may argue that the potential jurors' exposure to excessive media coverage may impact their impartiality. Additional peremptory challenges enable attorneys to select jurors who have not been unduly influenced by biased reporting. 3. Sworn juror misconduct or bias: If an attorney discovers evidence indicating that a potential juror may be biased or has intentionally concealed information during the jury selection process, they may request additional peremptory challenges to remove such individuals and maintain a fair trial. 4. Jury pool size: In some cases, where the jury pool is smaller or limited due to exceptional circumstances such as a pandemic or a tiny population, attorneys may argue that an increased number of peremptory challenges is necessary to ensure a fair representation of perspectives. It is important to note that Alameda California Motion for Additional Peremptory Challenges must comply with the relevant rules and procedures set forth by the court. Attorneys must present compelling arguments to persuade the judge of the necessity for additional challenges, demonstrating how it would contribute to an impartial jury selection process. In conclusion, Alameda California Motion for Additional Peremptory Challenges is a crucial tool used by attorneys to request an increased number of peremptory challenges during jury selection. This motion ensures fairness in the trial process by allowing attorneys to remove potential jurors whom they believe may be biased or have disqualifying characteristics. By utilizing this motion, attorneys can shape a jury that will deliver an unbiased verdict based solely on the presented evidence and applicable law.

Alameda California Motion for Additional Peremptory Challenges is a legal document filed by attorneys during jury selection in a court case. This motion requests permission to exercise additional peremptory challenges, which allow attorneys to dismiss potential jurors without stating a cause for removal. Peremptory challenges are an essential tool for attorneys to shape a fair and impartial jury. They enable attorneys to remove potential jurors whom they believe may be biased, have a preconceived opinion about the case, or hold any other disqualifying characteristic. By utilizing peremptory challenges, attorneys can ensure that the selected jury is unbiased and will deliver a fair trial. In Alameda, California, as in many other jurisdictions, the court sets a limit on the number of peremptory challenges allowed to each side. However, circumstances may arise during jury selection that warrant seeking additional peremptory challenges. The Alameda California Motion for Additional Peremptory Challenges serves as a formal request to the court, requesting an increased number of peremptory challenges due to specific reasons presented by the attorney. Examples of situations where attorneys may file an Alameda California Motion for Additional Peremptory Challenges include: 1. Complexity of the case: If the case is exceptionally complex, involves multiple parties, or has unique legal issues, attorneys may argue that a greater number of peremptory challenges is required to ensure a diverse jury pool capable of handling the intricacies of the case. 2. High-profile nature: In high-profile cases that attract significant media attention, attorneys may argue that the potential jurors' exposure to excessive media coverage may impact their impartiality. Additional peremptory challenges enable attorneys to select jurors who have not been unduly influenced by biased reporting. 3. Sworn juror misconduct or bias: If an attorney discovers evidence indicating that a potential juror may be biased or has intentionally concealed information during the jury selection process, they may request additional peremptory challenges to remove such individuals and maintain a fair trial. 4. Jury pool size: In some cases, where the jury pool is smaller or limited due to exceptional circumstances such as a pandemic or a tiny population, attorneys may argue that an increased number of peremptory challenges is necessary to ensure a fair representation of perspectives. It is important to note that Alameda California Motion for Additional Peremptory Challenges must comply with the relevant rules and procedures set forth by the court. Attorneys must present compelling arguments to persuade the judge of the necessity for additional challenges, demonstrating how it would contribute to an impartial jury selection process. In conclusion, Alameda California Motion for Additional Peremptory Challenges is a crucial tool used by attorneys to request an increased number of peremptory challenges during jury selection. This motion ensures fairness in the trial process by allowing attorneys to remove potential jurors whom they believe may be biased or have disqualifying characteristics. By utilizing this motion, attorneys can shape a jury that will deliver an unbiased verdict based solely on the presented evidence and applicable law.

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A section 170.6 challenge to a direct calendar judge assigned to a case for all purposes must be made for a civil case within 15 days of the party's notice of the all-purpose assignment or, if the party has not yet appeared, within 15 days of the party's first appearance.

CCP 170.6 allows a party to a case (or the attorney representing that party) a one-time opportunity to disqualify a judge who is prejudiced against a party or the party's cause.

Lawyers call it 'papering a judge' Attorneys who appear in court on a regular basis get an idea of which judge is better for a particular type of case and those who reek of bias against certain lawyers or classes of parties.

California currently permits a party in a civil case six (6) peremptory challenges, and 10 in non-capital criminal cases. See Cal. Code of Civ.

The challenge is usually made by a written motion to the court in the proper format with specific language and supported by a declaration made under penalty of perjury. An oral motion under oath is also allowed.

Code of Civil Procedure 170.6 CCP is the California statute that allows for a judge to be disqualified, or removed, from presiding over a civil lawsuit or a criminal trial if the judge is prejudiced against a party or attorney.

To raise a challenge, file an Affidavit of Prejudice Peremptory Challenge to Judicial Officer (form LACIV 015).

A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney. And, a motion to recuse can be filed in either a civil suit or in a criminal trial.

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Appellate counsel will more commonly encounter situations where a petition for writ of mandate must be filed in the Court of Appeal. 4 I liked filling out my jury questionnaire before service.Defendants. Case No. RG19029791. (1) Pretrial motions including discovery motions, are heard in the department of the case management judge. 18 In addition, if opponents of the death penalty in the commu-. Courtroom at one time. WU: I do have a motion.

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Alameda California Motion for Additional Peremptory Challenges