The number of federal peremptory challenges depends on the case. Civil cases generally provide three per party under 28 USC 1870, subject to rules for multiple parties. Criminal Rule 24 provides twenty per side in a capital case, six for the government and ten jointly for defendants in other felony cases, and three per side in misdemeanor cases. [1][2]
Civil cases: count parties carefully
Section 1870 permits several plaintiffs or defendants to be treated as one party for challenges. The court can instead allow additional challenges and permit separate or joint exercise. Three named defendants therefore do not automatically receive nine independent strikes. The judge’s allocation and case circumstances matter. [1]
A challenge for cause is different. It asks the court to remove a prospective juror because a legally sufficient concern, such as disqualifying bias, exists. A peremptory challenge ordinarily does not require the same showing, but remains subject to constitutional limits.
Criminal cases: read the offense category
Rule 24’s capital allowance applies when the government seeks the death penalty. The other-felony allocation applies to a crime punishable by more than one year. Multiple defendants ordinarily share the defense allocation, although the court may allow more challenges and permit joint or separate exercise. [2]
| Federal criminal case | Government | Defense |
|---|---|---|
| Death penalty sought | 20 | 20 |
| Other felony | 6 | 10 jointly |
| Misdemeanor | 3 | 3 |
Alternates have separate strikes
Rule 24 permits each side one additional challenge when one or two alternates are selected, two for three or four alternates, and three for five or six alternates. Those additional challenges may be used only against alternate jurors, not transferred to remove a regular juror. [2]
A peremptory challenge is not unlimited discretion
Constitutional restrictions prohibit discriminatory jury selection. If a challenge is questioned on that basis, a court can require an explanation and evaluate whether the asserted reason is legitimate. Counsel should raise a timely objection and preserve the relevant record rather than assuming the word peremptory forecloses review. [3]
Before selection begins, confirm the allocation, selection method, and treatment of alternates in the judge’s instructions. See the Sixth Amendment's jury protections and federal pretrial procedure under Rule 5 for the broader criminal-case framework.
Primary sources
- 28 USC 1870 – Challenges
- Federal Rules of Criminal Procedure: Rule24
- Batson v. Kentucky, 476 US79 (1986)
Sources checked: October 31, 2026.