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 they must use 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 multiple parties on the same side have conflicting interests, 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 existing protections against discriminatory practices in jury selection as established in the case of Batson v. Kentucky.
Statutes affected: House Engrossed Version: 21-316