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Trial Practice Guidance Jury Selection Peremptory Challenges

Butler Weihmuller Katz Craig LLP

Is Arizona The Beginning Of The End For Peremptory Challenges?

On August 30, 2021, the Arizona Supreme Court instituted a landmark rule change that made Arizona the first state in the country to abolish the use of peremptory challenges in criminal and civil trials.  Challenges to...more

Faegre Drinker Biddle & Reath LLP

New Jury Selection Procedure in California: Is This the End of Peremptory Challenges? Is This the End of Batson?

Jury selection in California is undergoing significant change. In August 2020, the California legislature passed AB 3070, which was signed by Governor Gavin Newsome on September 30. Beginning in 2022, objections to peremptory...more

Holland & Hart - Your Trial Message

Voir Dire on Content, Not Effect: Lessons from the Tsarnaev Appeal

We tend to think of “bias” as it applies to juries, but courts can have their own deep-seated practices. For example, judges will often prefer voir dire questions that focus on the juror’s own assessment of the influence of a...more

Carlton Fields

Peremptory Strike: Preserving Every Error During a Peremptory Challenge

Carlton Fields on

The Florida Supreme Court recently reminded us of an adage of trial practice: Do not depend on a perceived mistake by the trial court to preserve an issue for appeal. A lawyer must fulfill his or her obligation to spell out...more

Holland & Hart - Your Trial Message

Treat Truncated Voir Dire as Useless

Okay, my title is purposefully provocative, but it is not an exaggeration. Based on a recently released, first-of-its-kind, comprehensive study on the effectiveness of voir dire following common practices in civil trials...more

Faegre Drinker Biddle & Reath LLP

Dire Consequences: Avoiding Waiver in Pennsylvania Jury Selection

Practicing law at a socially appropriate distance has forced many litigators to broadly consider the value of face-to-face interaction—and what may be lost in its absence. A recent Pennsylvania Supreme Court opinion...more

Holland & Hart - Your Trial Message

See Trial Consulting as a Proper Part of the Adversarial System

The trial consulting field seems to fly mostly under the radar. As a part of the attorney’s confidential work product, our role in conducting research, preparing witnesses, and helping to advise on jury selection is not...more

Holland & Hart - Your Trial Message

Questioning Jurors? Give Options

Let’s say you want to know something from your prospective juror: “Do you tend to think that corporations are basically dishonest, or not?” You get a chance to talk to them in court during oral voir dire, or even better, you...more

Carlton Fields

Second District Clarifies Preservation Test for Race-Based Peremptory Challenges

Carlton Fields on

On March 18, Florida’s Second District Court of Appeal issued a decision discussing, in some detail, the actions that must be taken during jury selection to preserve an objection to a peremptory challenge that purportedly is...more

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