I’m about to try a case against two defendants and wonder how many peremptory challenges each party gets?
Answer: Generally, they get 3 among them, unless they can make a specific showing their interests are adverse. Anno. 32 A.L.R.3rd 747: No. of challenges allowable in civil cases where more than 2 parties are involved. Citing OK cases: M&D Motor Freight Lines v. Kelley, 1948 OK 128, 202 P.2d 215; Albina Engine & Machine Works, Inc. v. Abel, 305 F.2d 77 (10th Cir. 1962). Where interests of multiple parties identical, only one challenge allowed. Thompson v. Presbyterian Hosp. Inc., 1982 OK 87, 652 P.2d 260, 266-8: Error to grant multiple challenges absent showing of actual, as opposed to potential conflict among defendants.
Posted on Thu, December 29, 2011
by Sharon Coleman filed under