Bill Text: AZ HB2413 | 2022 | Fifty-fifth Legislature 2nd Regular | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Jurors; peremptory challenges

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2022-02-28 - House motion to reconsider third reading [HB2413 Detail]

Download: Arizona-2022-HB2413-Introduced.html

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REFERENCE TITLE: jurors; peremptory challenges

 

 

 

 

State of Arizona

House of Representatives

Fifty-fifth Legislature

Second Regular Session

2022

 

 

 

HB 2413

 

Introduced by

Representatives Parker: Biasiucci, Blackman, Burges, Chaplik, Fillmore, Hoffman, Nguyen, Pingerelli

 

 

AN ACT

 

amending title 21, chapter 3, article 2, Arizona Revised Statutes, by adding section 21-316; relating to jurors.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 21, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 21-316, to read:

START_STATUTE21-316. Peremptory challenges

A. In a criminal action, unless the parties agree to fewer challenges, each party is entitled to the following peremptory challenges:

1. If the offense charged is punishable by death, ten.

2.  If the offense charged is not punishable by death and the case is tried In:

(a) the superior court, six.

(b) A limited jurisdiction court, two.

3. if the trial involves more than one defendant, ONe-half the number of peremptory challenges to which a single defendant is entitled.  The state is not entitled to additional peremptory challenges.

B.  In a civil action in the superior court, each party is entitled to four peremptory challenges that are used in the following manner:

1. Beginning with the plaintiff, The parties must use a peremptory challenge by alternatively striking jurors until all challenges are used or waived. If a party does not use a peremptory challenge, the party waives any remaining peremptory challenges. If A party waives a peremptory challenge, the waiver does not affect any other party's remaining peremptory challenges.

2. The court may allow a party additional peremptory challenges If two or more parties on a side have adverse or hostile interests.  If the court allows a party additional peremptory challenges, the court shall allow an equal number of peremptory challenges to the party or parties on the other side.  If any party is unable to agree on the distribution of peremptory challenges, the court shall equally distribute the additional peremptory challenges.

C. In a forcible detainer action, each party is entitled to three peremptory challenges.

D. In a civil action in a justice court, each party is entitled to two peremptory CHALLENGES. END_STATUTE

Sec. 2. Emergency

This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.