Peremptory challenges--civil cases, multiple parties,allocation--criminal cases--qualification of juror as basis fornew trial--costs for impaneling jury to be paid, when.
494.480. 1. In trials of civil causes each party shall be entitledto peremptorily challenge three jurors. When there are multiple plaintiffsor defendants, all plaintiffs and all defendants shall join in theirchallenges as if there were one plaintiff and one defendant. The court inits discretion may allocate the allowable peremptory challenges among theparties plaintiff or defendant upon good cause shown and as the ends ofjustice require. In all cases, the plaintiff shall announce its challengesfirst.
2. In all criminal cases, the state and the defendant shall beentitled to a peremptory challenge of jurors as follows:
(1) If the offense charged is punishable by death, the state shallhave the right to challenge nine and the defendant nine;
(2) In all other cases punishable by imprisonment in thepenitentiary, the state shall have the right to challenge six and thedefendant six;
(3) In all cases not punishable by death or imprisonment in thepenitentiary, the state and the defendant shall each have the right tochallenge two.
3. In all criminal cases where several defendants are tried together,the following provisions shall apply:
(1) Each defendant then on trial shall be allowed separate peremptorychallenges as provided in subsection 2 of this section;
(2) The number of peremptory challenges allowed the state bysubsection 2 of this section shall be multiplied by the number ofdefendants then on trial in each case.
4. Within such time as may be ordered by the court, the state shallannounce its peremptory challenges first and the defendants thereafter.The qualifications of a juror on the panel from which peremptory challengesby the defense are made shall not constitute a ground for the granting of amotion for new trial or the reversal of a conviction or sentence unlesssuch juror served upon the jury at the defendant's trial and participatedin the verdict rendered against the defendant.
5. If the defendant pleads guilty to a lesser or included offenseother than the offense charged in the information or indictment in returnfor a specific lesser sentence than such defendant would likely havereceived if such defendant were found guilty of the crime charged, or makesany other plea bargaining arrangement, at any time after the jury isimpaneled such defendant shall be liable to the county for the costsassociated with impaneling the jury.
Peremptory challenges--civil cases, multiple parties,allocation--criminal cases--qualification of juror as basis fornew trial--costs for impaneling jury to be paid, when.
494.480. 1. In trials of civil causes each party shall be entitledto peremptorily challenge three jurors. When there are multiple plaintiffsor defendants, all plaintiffs and all defendants shall join in theirchallenges as if there were one plaintiff and one defendant. The court inits discretion may allocate the allowable peremptory challenges among theparties plaintiff or defendant upon good cause shown and as the ends ofjustice require. In all cases, the plaintiff shall announce its challengesfirst.
2. In all criminal cases, the state and the defendant shall beentitled to a peremptory challenge of jurors as follows:
(1) If the offense charged is punishable by death, the state shallhave the right to challenge nine and the defendant nine;
(2) In all other cases punishable by imprisonment in thepenitentiary, the state shall have the right to challenge six and thedefendant six;
(3) In all cases not punishable by death or imprisonment in thepenitentiary, the state and the defendant shall each have the right tochallenge two.
3. In all criminal cases where several defendants are tried together,the following provisions shall apply:
(1) Each defendant then on trial shall be allowed separate peremptorychallenges as provided in subsection 2 of this section;
(2) The number of peremptory challenges allowed the state bysubsection 2 of this section shall be multiplied by the number ofdefendants then on trial in each case.
4. Within such time as may be ordered by the court, the state shallannounce its peremptory challenges first and the defendants thereafter.The qualifications of a juror on the panel from which peremptory challengesby the defense are made shall not constitute a ground for the granting of amotion for new trial or the reversal of a conviction or sentence unlesssuch juror served upon the jury at the defendant's trial and participatedin the verdict rendered against the defendant.
5. If the defendant pleads guilty to a lesser or included offenseother than the offense charged in the information or indictment in returnfor a specific lesser sentence than such defendant would likely havereceived if such defendant were found guilty of the crime charged, or makesany other plea bargaining arrangement, at any time after the jury isimpaneled such defendant shall be liable to the county for the costsassociated with impaneling the jury.
Peremptory challenges--civil cases, multiple parties,allocation--criminal cases--qualification of juror as basis fornew trial--costs for impaneling jury to be paid, when.
494.480. 1. In trials of civil causes each party shall be entitledto peremptorily challenge three jurors. When there are multiple plaintiffsor defendants, all plaintiffs and all defendants shall join in theirchallenges as if there were one plaintiff and one defendant. The court inits discretion may allocate the allowable peremptory challenges among theparties plaintiff or defendant upon good cause shown and as the ends ofjustice require. In all cases, the plaintiff shall announce its challengesfirst.
2. In all criminal cases, the state and the defendant shall beentitled to a peremptory challenge of jurors as follows:
(1) If the offense charged is punishable by death, the state shallhave the right to challenge nine and the defendant nine;
(2) In all other cases punishable by imprisonment in thepenitentiary, the state shall have the right to challenge six and thedefendant six;
(3) In all cases not punishable by death or imprisonment in thepenitentiary, the state and the defendant shall each have the right tochallenge two.
3. In all criminal cases where several defendants are tried together,the following provisions shall apply:
(1) Each defendant then on trial shall be allowed separate peremptorychallenges as provided in subsection 2 of this section;
(2) The number of peremptory challenges allowed the state bysubsection 2 of this section shall be multiplied by the number ofdefendants then on trial in each case.
4. Within such time as may be ordered by the court, the state shallannounce its peremptory challenges first and the defendants thereafter.The qualifications of a juror on the panel from which peremptory challengesby the defense are made shall not constitute a ground for the granting of amotion for new trial or the reversal of a conviction or sentence unlesssuch juror served upon the jury at the defendant's trial and participatedin the verdict rendered against the defendant.
5. If the defendant pleads guilty to a lesser or included offenseother than the offense charged in the information or indictment in returnfor a specific lesser sentence than such defendant would likely havereceived if such defendant were found guilty of the crime charged, or makesany other plea bargaining arrangement, at any time after the jury isimpaneled such defendant shall be liable to the county for the costsassociated with impaneling the jury.
