2012 US Code
Title 28 - Judiciary and Judicial Procedure
Part V - PROCEDURE (§§ 1651 - 2113)
Chapter 121 - JURIES; TRIAL BY JURY (§§ 1861 - 1878)
Section 1870 - Challenges
| Publication Title | United States Code, 2012 Edition, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 121 - JURIES; TRIAL BY JURY Sec. 1870 - Challenges |
| Contains | section 1870 |
| Date | 2012 |
| Laws in Effect as of Date | January 15, 2013 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | June 25, 1948, ch. 646, 62 Stat. 953; Pub. L. 86-282, Sept. 16, 1959, 73 Stat. 565. |
| Statutes at Large References | 36 Stat. 1166 62 Stat. 953 73 Stat. 565 |
| Public Law References | Public Law 86-282 |
Download PDF
In civil cases, each party shall be entitled to three peremptory challenges. Several defendants or several plaintiffs may be considered as a single party for the purposes of making challenges, or the court may allow additional peremptory challenges and permit them to be exercised separately or jointly.
All challenges for cause or favor, whether to the array or panel or to individual jurors, shall be determined by the court.
(June 25, 1948, ch. 646, 62 Stat. 953; Pub. L. 86–282, Sept. 16, 1959, 73 Stat. 565.)
Historical and Revision NotesBased on title 28, U.S.C., 1940 ed., §424 (Mar. 3, 1911, ch. 231, §287, 36 Stat. 1166).
Provisions of section 424 of title 28, U.S.C., 1940 ed., relating to the number of peremptory challenges in criminal cases were deleted as superseded by Rule 24 of the Federal Rules of Criminal Procedure.
The last sentence of the first paragraph was added to permit the same flexibility in the matter of challenges in civil cases as is permitted in criminal cases by said Rule 24.
Words “without aid of triers” at end of section 424 of title 28, U.S.C., 1940 ed., were omitted as surplusage.
Changes were made in phraseology.
Amendments1959—Pub. L. 86–282 substituted “may” for “shall” after “several plaintiffs”, and “, or the court may allow” for “. If there is more than one defendant the court may allow the defendants”.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.
