California Code of Civil Procedure 225 – A challenge is an objection made to the trial jurors that may be …
A challenge is an objection made to the trial jurors that may be taken by any party to the action, and is of the following classes and types:
(a) A challenge to the trial jury panel for cause.
Terms Used In California Code of Civil Procedure 225
- Juror: A person who is on the jury.
- State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
- Will: includes codicil. See California Code of Civil Procedure 17
- Writing: includes printing and typewriting. See California Code of Civil Procedure 17
(1) A challenge to the panel may only be taken before a trial jury is sworn. The challenge shall be reduced to writing, and shall plainly and distinctly state the facts constituting the ground of challenge.
(2) Reasonable notice of the challenge to the jury panel shall be given to all parties and to the jury commissioner, by service of a copy thereof.
(3) The jury commissioner shall be permitted the services of legal counsel in connection with challenges to the jury panel.
(b) A challenge to a prospective juror by either:
(1) A challenge for cause, for one of the following reasons:
(A) General disqualification-that the juror is disqualified from serving in the action on trial.
(B) Implied bias-as, when the existence of the facts as ascertained, in judgment of law disqualifies the juror.
(C) Actual bias-the existence of a state of mind on the part of the juror in reference to the case, or to any of the parties, which will prevent the juror from acting with entire impartiality, and without prejudice to the substantial rights of any party.
(2) A peremptory challenge to a prospective juror.
(Repealed and added by Stats. 1988, Ch. 1245, Sec. 2.)