If enacted, this bill would amend current statutes by reinstating the use of peremptory challenges in civil actions within the superior court, allowing each party to utilize up to four peremptory challenges. The bill specifies that parties will alternate in striking jurors until all challenges are either used or waived, and it clarifies that waiving a challenge does not affect the remaining challenges of other parties. Additionally, the court may grant extra peremptory challenges if multiple parties on the same side have conflicting interests, ensuring that any additional challenges are equally distributed to the opposing side.
The bill also includes a legislative findings clause that emphasizes the importance of peremptory challenges in securing an impartial jury, citing concerns raised by the Arizona Supreme Court's 2021 elimination of these challenges. It highlights the potential risks of biased juries and the need for fairness in jury selection, particularly in complex cases. The intent is to restore a limited number of peremptory strikes while maintaining the protections established by the precedent set in *Batson v. Kentucky*.
Statutes affected: Introduced Version: 21-316
House Engrossed Version: 21-316