Tennessee § 22-3-104 - Peremptory challenges — Effect of consolidation of cases.

§ 22-3-104. Peremptory challenges — Effect of consolidation of cases.

Either party to a civil action may challenge four (4) jurors without assigning any cause. In the event there is more than one (1) party plaintiff or more than one (1) party defendant in a civil action, four (4) additional challenges shall be allowed to such side or sides of the case; and the trial court shall, in its discretion, divide the aggregate number of challenges between the parties on the same side, which shall not exceed eight (8) challenges to the side, regardless of the number of parties. Even when two (2) or more cases are consolidated for trial purposes, the total challenges shall be eight (8), as provided in this subsection (b). If a party is both a plaintiff and a defendant, that party is considered one (1) party for the purpose of this section. Acts 2008, ch. 1159, § 1. Compiler's Notes. Former chapter 3, §§ 22-3-101 — 22-3-105 (Code 1858, §§ 4009 (deriv. Const. 1834, art. 1, §§ 6, 9), 4010 (deriv. Acts 1805, ch. 60, § 1; 1843-1844, ch. 134, § 3), 4012 (deriv. Acts 1805, ch. 60, § 1); Acts 1879, ch. 108; impl. am. Acts 1883, ch. 198, § 1; Shan., §§ 5820–5822, 5824; Code 1932, §§ 10015-10017, 10019; Acts 1955, ch. 281, § 1; 1965, ch. 31, §§ 1, 2; 1968, ch. 608, § 1; T.C.A. (orig. ed.), §§ 22-301 — 22-304; Acts 1977, ch. 100, § 1; T.C.A., § 22-501), concerning examination and challenge of furors, was repealed by Acts 2008, ch. 1159, § 1, effective January 1, 2009. Cross-References. Civil actions, right of trial by jury, Tenn. R. Civ. P. 38. Criminal actions, peremptory challenges, Tenn. R. Crim. P. 24. Textbooks. Tennessee Jurisprudence, 17 Tenn. Juris., Jury, § 35. Law Reviews. Cross-Sectionalism in Jury-Selection Procedures After Taylor v. Louisiana (Martha Craig Daughtrey), 43 Tenn. L. Rev. 1. Jury Reform in Tennessee, 34 U. Mem. L. Rev. 1 (2003). The All-New Civil Semi-Peremptory Jury Challenge (André Kahn Blumstein), 28 Tenn. B.J. 27 (1992).