3.350. Peremptory Challenges

Rule 3.350. Peremptory Challenges

(a)  Number. –Each party shall be allowed the following number of peremptory challenges:

(1)  Felonies Punishable by Death or Imprisonment for Life. –Ten, if the offense charged is punishable by death or imprisonment for life;

(2)  All Other Felonies. –Six, if the offense charged is a felony not punishable by death or imprisonment for life.

(3)  Misdemeanors. –Three, if the offense charged is a misdemeanor.

(b)  Codefendants. –If 2 or more defendants are jointly tried, each defendant shall be allowed the number of peremptory challenges specified above, and in such case the state shall be allowed as many challenges as are allowed to all of the defendants.

(c)  Multiple Counts and Multiple Charging Documents. –If an indictment or information contains 2 or more counts or if two or more indictments or informations are consolidated for trial, the defendant shall be allowed the number of peremptory challenges that would be permissible in a single case, but in the interest of justice the judge may use judicial discretion in extenuating circumstances to grant additional challenges to the accumulate maximum based on the number of charges or cases included when it appears that there is a possibility that the state or the defendant may be prejudiced. The state and the defendant shall be allowed an equal number of challenges.

(d)  Alternate Jurors. –If 1 or 2 alternate jurors are called, each party is entitled to 1 peremptory challenge, in addition to those otherwise allowed by law, for each alternate juror so called. The additional peremptory challenge may be used only against the alternate juror and the other peremptory challenges allowed by law shall not be used against the alternate juror.

(e)  Additional Challenges. –The trial judge may exercise discretion to allow additional peremptory challenges when appropriate.