Peremptory challenge

What peremptory challenge means

In practice, you will see peremptory challenge in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where peremptory challenge comes up

For example, the term appears in these procedures:

• Jury Demand (Fed. R. Civ. P. 38(b)): a written demand for a jury trial on issues triable by a jury.

Read the source: Voir dire.

How to research the term

Start with the primary source. For example, if peremptory challenge appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read peremptory challenge in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the official rule text online for free.

Related legal terms

• Demand: an assertion of a right or a claim, calling on another person to do something.
• Jury: a group of citizens sworn to decide questions of fact and return a verdict.
• Trial by jury: the right to have a jury decide the facts.
• Jury trial: a trial in which a jury decides the facts and returns a verdict, while the judge decides questions of law.
• Voir dire: the process of questioning prospective jurors to select a jury. Under Federal Rule of Civil Procedure 47(a), the court may let the parties or their lawyers examine prospective jurors or may examine them itself.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.