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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
appropriation; satellite communication system
(NOW: peremptory challenge; jurors; civil action)
As passed by the Senate, S.B. 1509 appropriated $500,000 from the state
General Fund (state GF) in FY 2026 to the Department of Public Safety to
distribute to the Yavapai County Sheriff's Department to establish a pilot
program implementing a redundant high-speed,
low-latency satellite communication system.
The House of Representatives adopted a strike-everything amendment that does the following:
Purpose
Grants four peremptory challenges to each party to a civil action in the superior court and outlines procedures related to use, waiver and additional granting of peremptory challenges.
Background
The Arizona Constitution grants the Supreme Court administrative supervision over all courts of Arizona and the power to make rules relative to all procedural matters in any such court (Ariz. Const. art. 6 §§ 3 and 5).
The parties to a civil action in the superior court have the right to a trial by jury and a party does not need to file a written demand or take any other action in order to preserve this right. A party may challenge a prospective juror for cause based on prescribed grounds including the prospective juror: 1) lacks one or more of the statutorily required juror qualifications; 2) has a personal or professional relationship with the party as prescribed; 3) was a witness or served as a juror in a previous trial between the same parties in the same action; or 4) has, by words or actions, shown bias or prejudice for or against any party or otherwise demonstrated that they are unfit to serve as a juror. The party challenging a juror for cause has the burden to establish by a preponderance of the evidence that the juror cannot render a fair and impartial verdict (Ariz. R. Civ. P. 38 and 47).
Prior to January 1, 2022, parties to a civil action in the superior court were also allowed four peremptory challenges to be used after the court had ruled on all challenges for cause. The parties were required to use the peremptory challenges by alternate strikes, beginning with the plaintiff, until each party's challenges were exhausted and the court could grant additional peremptory challenges if it appeared that two parties on the same side had adverse or hostile interests. On August 30, 2021, the Supreme Court amended the Rules of Civil Procedure to eliminate peremptory juror challenges, applicable to all cases in which the first day of jury selection occurs after January 1, 2022 (Ariz. Sup. Ct. R-21-0020).
There is no anticipated fiscal impact to the state GF associated with this legislation.
Provisions
1. Grants four peremptory challenges to each party to a civil action in the superior court.
2. Requires each party, beginning with the plaintiff, to alternate striking jurors until all challenges are used or waived.
3. Stipulates that if a party does not use a peremptory challenge that party waives any remaining peremptory challenges.
4. Specifies that a party's waiver of a peremptory challenge does not affect any other party's remaining peremptory challenges.
5. Allows the court to grant a party additional peremptory challenges if two or more parties on the same side have adverse or hostile interests.
6. Stipulates that if the court allows a party additional peremptory challenges the court must allow an equal number of peremptory challenges to the party or parties on the other side and equally distribute additional challenges if any party is unable to agree on the distribution.
7. Contains a statement of legislative findings.
8. Becomes effective on the general effective date.
Amendments Adopted by the House of Representatives
ˇ Adopted the strike-everything amendment related to peremptory challenges in civil actions.
House Action
GOV 3/27/25 W/D
APPROP 3/27/25 DPA/SE 11-7-0-0
3rd Read 4/23/25 33-27-0
Prepared by Senate Research
April 23, 2025
ZD/KS