California Code of Civil Procedure

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Part 1 Of Courts of Justice
TITLE 3.  PERSONS SPECIALLY INVESTED
WITH POWERS OF A JUDICIAL NATURE
Chapter 1. 
Trial Jury Selection  and Management Act
Sections  190-237

Chapter 1 Trial Jury Selection  and Management Act
Sections 190-237
 

CODE OF CIVIL PROCEDURE
SECTION 231

231.  (a) In criminal cases, if the offense charged is punishable
with death, or with imprisonment in the state prison for life, the
defendant is entitled to 20 and the people to 20 peremptory
challenges.  Except as provided in subdivision (b), in a trial for
any other offense, the defendant is entitled to 10 and the state to
10 peremptory challenges.  When two or more defendants are jointly
tried, their challenges shall be exercised jointly, but each
defendant shall also be entitled to five additional challenges which
may be exercised separately, and the people shall also be entitled to
additional challenges equal to the number of all the additional
separate challenges allowed the defendants.
   (b) If the offense charged is punishable with a maximum term of
imprisonment of 90 days or less, the defendant is entitled to six and
the state to six peremptory challenges.  When two or more defendants
are jointly tried, their challenges shall be exercised jointly, but
each defendant shall also be entitled to four additional challenges
which may be exercised separately, and the state shall also be
entitled to additional challenges equal to the number of all the
additional separate challenges allowed the defendants.
   (c) In civil cases, each party shall be entitled to six peremptory
challenges.  If there are more than two parties, the court shall,
for the purpose of allotting peremptory challenges, divide the
parties into two or more sides according to their respective
interests in the issues.  Each side shall be entitled to eight
peremptory challenges.  If there are several parties on a side, the
court shall divide the challenges among them as nearly equally as
possible.  If there are more than two sides, the court shall grant
such additional peremptory challenges to a side as the interests of
justice may require; provided that the peremptory challenges of one
side shall not exceed the aggregate number of peremptory challenges
of all other sides.  If any party on a side does not use his or her
full share of peremptory challenges, the unused challenges may be
used by the other party or parties on the same side.
   (d) Peremptory challenges shall be taken or passed by the sides
alternately, commencing with the plaintiff or people; and each party
shall be entitled to have the panel full before exercising any
peremptory challenge.  When each side passes consecutively, the jury
shall then be sworn, unless the court, for good cause, shall
otherwise order.  The number of peremptory challenges remaining with
a side shall not be diminished by any passing of a peremptory
challenge.
   (e) If all the parties on both sides pass consecutively, the jury
shall then be sworn, unless the court, for good cause, shall
otherwise order.  The number of peremptory challenges remaining with
a side shall not be diminished by any passing of a peremptory
challenge.

 

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