§ 228.Challenges for general disqualification
Title 3. Persons Specially Invested With Powers of a Judicial Nature · Chapter 1. Trial Jury Selection and Management Act · Last amended 2002 · Last verified July 28, 2026
Full Text of § 228
Plain-English Summary
Section 228 defines what a “general disqualification” challenge, one of the three for-cause grounds § 225 recognizes, covers. The first ground is a want of any qualification this code prescribes to make a person competent as a juror, tying the challenge directly to the eligibility rules in § 203.
The second ground is broader in application but still narrow in aim: any incapacity that satisfies the court the challenged person cannot perform a juror’s duties in this particular action without prejudice to the substantial rights of the party raising the challenge.
Frequently Asked Questions
What is a “general disqualification” challenge to a juror?
Section 228 defines it as either a lack of a statutory juror qualification, or an incapacity that satisfies the court the person cannot perform juror duties in the case without prejudice to the challenging party’s substantial rights.
How does a general disqualification challenge relate to Section 203?
The first ground under § 228 is a want of any qualification the code prescribes, which is exactly the eligibility standard § 203 sets.
Is a general disqualification challenge the same as an implied-bias challenge?
No. Section 228’s general-disqualification grounds turn on eligibility or incapacity to serve; implied bias under § 229 turns on specific relationships or interests that disqualify a juror as a matter of law.
Amendment History
Added Stats 1988 ch 1245 § 2. Amended Stats 2002 ch 1008 § 1 (AB 3028).