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§ 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

In one sentenceSection 228 permits a general-disqualification challenge on two grounds only: that the juror lacks a statutory qualification, or that an incapacity would prevent the juror from performing the duties of a juror in the particular case without prejudice to the challenging party’s substantial rights.

Full Text of § 228

Text sizeJump to: (a) (b)

Challenges for general disqualification may be taken on one or both of the following grounds, and for no other:
(a) A want of any of the qualifications prescribed by this code to render a person competent as a juror.
(b) The existence of any incapacity which satisfies the court that the challenged person is incapable of performing the duties of a juror in the particular action without prejudice to the substantial rights of the challenging party.

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).

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
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