Existing law provides for the exclusion of a prospective juror from a trial jury by peremptory challenge. Existing law prohibits a party from using a peremptory challenge to remove a prospective juror on the basis of, among other things, the prospective juror's race, ethnicity, or gender. Existing law allows a party, or the trial court on its own motion, to object to the use of a peremptory challenge based on these criteria. Upon objection, existing law requires the party exercising the challenge to state the reasons the peremptory challenge has been exercised. Existing law requires the court to evaluate the reasons given, as specified, and, if the court grants the objection, authorizes the court to take certain actions, including, but not limited to, starting a new jury selection, declaring a mistrial at the request of the objecting party, seating the challenged juror, or providing another remedy as the court deems appropriate. Existing law, until January 1, 2026, prohibits the application of these provisions to civil cases.
This bill would extend the prohibition against application of these provisions to civil cases indefinitely.