This bill proposes to amend current statutes by reinstating the use of peremptory challenges in civil actions within the superior court. Under the new provisions, each party will be entitled to four peremptory challenges, which must be exercised by alternating strikes, starting with the plaintiff. If a party does not utilize a challenge, they will waive any remaining challenges, but this waiver will not affect the challenges of other parties. Additionally, the court may grant extra peremptory challenges if there are adverse interests among parties on the same side, ensuring that an equal number of challenges are provided to the opposing side.
The bill also includes legislative findings that emphasize the importance of peremptory challenges in securing an impartial jury, citing concerns raised by the Arizona Supreme Court's previous elimination of these challenges in civil trials. The legislature aims to restore a limited number of peremptory strikes to enhance fairness and due process in jury selection, particularly in complex cases, while still adhering to the protections established in the landmark case of *Batson v. Kentucky*.
Statutes affected: House Engrossed Version: 21-316