Call or Text: 919.948.6464

Peremptory Challenge

Peremptory Challenge – A motion to exclude a potential juror for no stated reason. A peremptory challenge is a challenge to prevent any potential juror from selection to a jury, for which the challenging party need give no cause. In most jurisdictions, each party to the action has a limited number of peremptory challenges, which is usually greater in a capital case or a case of unusual complexity or notoriety.

Although each party is limited to the same number of peremptory challenges as the other, the court may also strike venire members on its own motion, and each side has an unlimited number of challenges for cause. If there is an insufficient number of jurors to seat a full jury following the use of challenges, a new pool may be summoned. A peremptory challenge may not be used to strike a juror or jurors solely on the basis of race or gender without violating both the rights of the jurors and the other litigants and the constitutional assurances of due process of law.

Back to Top