Section 7.5 Generally
Library | Civil Trial Practice 2015 Supp |
1. (§7.5) Generally
There is no common or inherent right to peremptory challenges of jurors. Ward v. City Nat’l Bank & Trust Co. of Kansas City, 379 S.W.2d 614, 616 (Mo. 1964); Adair v. N.W. Elec. Power Coop., Inc., 329 S.W.2d 33, 36 (Mo. App. W.D. 1959). The right to peremptory challenges is purely statutory and, in civil trials, is governed by § 494.480.1, RSMo 2000, which states:
In trials of civil causes each party shall be entitled to peremptorily challenge three jurors. When there are multiple plaintiffs or defendants, all plaintiffs and all defendants...
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- Section 7.1 Purpose and Scope
- Section 7.2 Importance of Juries
- Section 7.3 Purpose of Jury Selection
- Section 7.4 Challenges for Cause
- Section 7.5 Generally
- Section 7.6 Improperly Motivated Peremptory Challenges
- Section 7.7 Social or Business Relationship
- Section 7.8 Generally
- Section 7.9 Procedure
- Section 7.10 Form of Questions
- Section 7.11 Bias and Sympathy for Party
- Section 7.12 Bias and Sympathy for Attorney
- Section 7.13 Racial Bias
- Section 7.14 Prior Litigation
- Section 7.15 Instructions and the Law
- Section 7.16 Punitive Damages
- Section 7.17 Specific Amount Sued for
- Section 7.18 Burden of Proof
- Section 7.19 Generally
- Section 7.20 Within Trial Court’s Discretion
- Section 7.21 Need to Show Prejudice
- Section 7.22 Limitations
- Section 7.23 Argumentative Questions
- Section 7.24 Questions Arousing Sympathy
- Section 7.25 Questions Calling for a Commitment
- Section 7.26 Questions Calling for Speculation
- Section 7.27 Examples of Improper Questions
- Section 7.28 Questions From the Bench
- Section 7.29 Time Constraints
- Section 7.30 Objections to Questions and Panel
- Section 7.31 Duty of Juror
- Section 7.32 Nondisclosure
- Section 7.33 Intentional Nondisclosure
- Section 7.34 Unintentional Nondisclosure
- Section 7.35 Nondisclosure of Prior Litigation
- Section 7.36 Clarity of Question
- Section 7.37 Timeliness of Raising Issue and Standard of Review
- Section 7.38 Inflammatory Remark by Prospective Juror
- Section 7.39 Generally
- Section 7.40 Factors to Consider
- Section 7.41 Type of Client
- Section 7.42 Type of Case
- Section 7.43 Venue
- Section 7.44 Practical Tips
- Section 7.45 Conclusion
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