subject: Questions About Peremptory Challenge [print this page] Every individual or a group of people have the right of a fair trial irrespective of whether they are a part of the prosecution or the defense. Sometimes, the members of the prosecution or the defense may decide to eliminate a jury or juror because he/she is biased and can affect the judgment. One can use the peremptory challenge to do this. Peremptory challenge refers to a persons right to challenge a juror or jury without giving any reasons. Given below are important questions about peremptory challenge that are asked by different people:
Is it possible for a person to file multiple peremptory challenges for a single claim in the state of California?
California may not have a limit on the number of times a judge may be replaced for a case. The California Code of Civil Procedures section 170.6 gives the people this right.
Can a federal judge be disqualified on the basis of a peremptory challenge like the one in California CCP 170.6?
There may be no federal law that is equivalent to the California CCP that will permit the disqualification of a federal judge. Hence, a federal judge can be disqualified from a case only if there is enough reason to do so.
How much time will it take for a new judge to take a case after an existing judge has been disqualified?
Once a peremptory challenge has been filed, the judge against whom it is filed will not have any jurisdiction over the case. A new judge may be assigned to the case by the court. The date of the hearing with the new judge will depend on the judges calendar. The hearing will be held on the first day the judge is available.
Is it possible for a judge to disqualify himself/herself on his/her own for presiding over a case in the state of California?
In most cases, it may be possible for a judge to disqualify himself/herself on his/her own for presiding over a case in California. The California Code of Civil Procedure Section 170.3 (a) (1) states that, If a judge determines himself or herself to be disqualified, the judge shall notify the presiding judge of the court of his or her recusal and shall not further participate in the proceeding, except as provided in Section 170.4, unless his or her disqualification is waived by the parties as provided in subdivision.
Can a person file for a peremptory challenge after he/she appears in a judges court? What action can a person take if the judge does not disqualify himself/herself?
Most of the times, a person may be able to file a peremptory challenge only before appearing in a judges court. If the judge does not disqualify himself/herself, the person may file a petition with the clerk of court. He/she can give a verified written statement objecting to the hearing. The person should mention the facts that justify the challenge. He/she may present the statement to the clerk as early as possible. A copy of the challenge should be given to either each party or their attorneys and should be personally given to the judge who is to be disqualified.
Can all the jurors in a case be disqualified because they belong to the same race as the person who is being tried on the basis of peremptory challenge?
In some situations, a person may be able to use the peremptory challenge to disqualify all the jurors who are of the same race as the person who is being tried. However, the defense could file a motion to force the prosecution to give out the reasons for the challenge. It will be up to the judge to decide if the reason is genuine enough for the peremptory challenge. If the judge is not convinced, he/she can refuse it.
It is common for people to use the peremptory challenge in court. However, it you are not aware of the law or the rules, you may get confused and may not know how to use this challenge. You may ask a lawyer if you have any further questions about the peremptory challenge.
