§ 1870. Challenges

235 words·~1 min read·/usc/title-28/section-1870

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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 Notes

Based 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424 of title 28, U.S.C., 1940 ed., relating to the number of peremptory challenges in criminal cases were deleted as superseded by Rule 24 of the Federal Rules of Criminal Procedure.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.

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Cited by 3 sections

U.S. Code

§ 1876
Trial by jury in the Court of International Trade

statutes-at-large

Public Law 96–417
To improve the Federal judicial machinery by clarifying and revising certain provisions of title 28, United States Code, relating to the judiciary and judicial review of international trade matters, and for other purposes

Notices
Final rules

7 references not yet in our index

June 25, 1948, ch. 646
62 Stat. 953
Pub. L. 86–282
73 Stat. 565
Mar. 3, 1911, ch. 231, § 287
36 Stat. 1166
section 424 of title 28

Citation graph

cites case law

§ 1870

Challenges

Fed. Reg.×1

Stat.×1

U.S.C.×1

ActJune 25, 1948, ch. 646

Stat.62 Stat. 953

Pub. L.Pub. L. 86–282

Stat.73 Stat. 565

ActMar. 3, 1911, ch. 231, § 287

Cites 7 · showing 5Cited by 3 across 3 sources