28 U.S.C. 1870 generally gives each party three peremptory challenges in federal civil cases. The court decides challenges for cause or favor. The statute does not supply the criminal-trial challenge rules. [1]
Multiparty cases are flexible
Several plaintiffs or defendants may be treated as a single party for challenges, or the court may allow additional challenges and permit separate or joint exercise. Three defendants therefore do not automatically receive nine independent strikes. Review the jury-selection order before trial. [1]
Peremptory and cause challenges differ
A cause challenge identifies a legal reason the juror cannot fairly serve, such as disqualifying bias. A peremptory challenge generally does not require proving cause, but it remains subject to constitutional restrictions on discriminatory use. “Peremptory” does not mean immune from review.
Preserve the record
Federal Rule of Civil Procedure 47 governs examination and related jury-selection procedure. Ask appropriate follow-up questions, make objections when required, and ensure the challenged answers and court rulings are recorded. [2]
For example, a juror’s prior experience is not automatically disqualifying; the relevant inquiry may be whether the juror can decide the case impartially under the court’s instructions.
Plan challenges around the actual allocation
Before questioning begins, confirm how the judge groups parties, whether extra strikes were allowed, and how challenges to alternate jurors are handled under the governing procedure. A multiparty litigant should not discover during the strike conference that several aligned defendants share one allocation. For cause, explain the precise answer demonstrating bias or disqualification and seek necessary follow-up rather than relying on a broad occupational stereotype. For a disputed peremptory strike, make the appropriate discrimination objection while the court can evaluate it and before the record becomes unclear. Preserve the prospective juror’s answers and the parties’ explanations. Losing a cause challenge and choosing whether to use a remaining peremptory strike can have separate preservation consequences under controlling law, so review circuit procedure before trial. [1] [2]
See constitutional jury and confrontation cases and civil-rights claim deadlines for other procedural protections. A proper filing does not eliminate the need to preserve trial-stage objections.
Primary sources
Sources checked: October 31, 2026.