§ 1870. Challenges

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Title 28, United States Code, section —
Pub. L. 80–646 · 62 Stat. 869
Enacted · 28 U.S.C. § 1870
June 25, 1948, ch. 646, 62 Stat. 953
Source evidence
Code source credit
June 25, 1948, ch. 646, 62 Stat. 953
1959
Pub. L. 86–282 · 73 Stat. 565
1. Substituted · 28 U.S.C. § 1870
  Pub. L. 86–282 substituted “may” for “shall”
2. Substituted · 28 U.S.C. § 1870
  Pub. L. 86–282 substituted “, or the court may allow” for “. If there is more than one defendant the court may allow the defendants”
Source evidence
Code amendment note
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”.

0 of 3 references resolved to an enrolled provision · 3 partial

Notes

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424 of title 28, U.S.C., 1940 ed., relating to the number of peremptory challenges in criminal cases were deleted as superseded by Rule 24 of the Federal Rules of Criminal Procedure.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

Editorial Notes

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”.

Credits

1948–1959 · 2 acts

1948June 25, 1948, ch. 646, 62 Stat. 953
1959Pub. L. 86–282, Sept. 16, 1959, 73 Stat. 565.

Show as published

(June 25, 1948, ch. 646, 62 Stat. 953; Pub. L. 86–282, Sept. 16, 1959, 73 Stat. 565.)