Define: Peremptory Challenge

During jury selection, an opportunity for a party to a lawsuit to dismiss or excuse a potential juror without having to give a valid reason, as would be the case when a juror is challenged for cause. Depending on court rules, each party typically gets to make from five to 15 peremptory challenges. Although parties may generally use their peremptory challenges as they see fit, the U.S. Constitution has been interpreted to prohibit their use to eliminate all jurors of a particular race or gender from a jury.

A peremptory challenge is the right of an attorney to challenge the assignment of a juror without a reason or cause. The practice is still used in the United States. Parties in a case, however, only have a limited number of peremptory challenges. These challenges permit a party to remove a prospective juror without giving a reason for the removal, although the U.S. Supreme Court has ruled these challenges cannot be done because of race or gender.

The goal of the peremptory challenge is to find a panel of jurors who are not biased and for each attorney to find jurors who they believe may be sympathetic to their client. Critics of the practice argue it is discriminatory. Countries such as England have agreed, abolishing the practice in the 1980s.

Peremptory challenges differ from for-cause challenges which are unlimited but which are more difficult to use because the lawyer must prove cause.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.