§ 1870. — Challenges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1870]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 121--JURIES; TRIAL BY JURY
Sec. 1870. Challenges
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., Sec. 424 (Mar. 3, 1911, ch.
231, Sec. 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superseded by Rule 24 of the Federal Rules of Criminal Procedure.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.
Amendments
1959--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''.
Section Referred to in Other Sections
This section is referred to in section 1876 of this title.
