Reggio v. Eighth Judicial District Court
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The Supreme Court denied Petitioners' original petition for a writ of mandamus or prohibition challenging a district court order striking a peremptory challenge of a judge, holding that if a party waives their right to a peremptory challenge under Supreme Court Rule (SCR) 48.1(5), that waiver also applies to any other party on the same side of a later consolidated action.
Defendants in a second-filed case filed a peremptory challenge after their case was consolidated with an earlier-filed case. The district court found that the second-case defendants (Petitioners) were barred from filing a peremptory challenge post-consolidation because the first-case defendants had already waiver their right to a peremptory challenge under SCR 48.1(5). Petitioners challenged that ruling, seeking extraordinary relief. The Supreme Court denied the petition, holding that parties in consolidated cases are entitled to an additional peremptory challenge under SCR 48.1(9) only if their first case is reassigned and not when the second case is transferred to be heard with the first.
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