(a) In criminal cases, if the offense charged is punishable with death, or with imprisonment in the state prison for life, the defendant is entitled to 20 and the people to 20 peremptory challenges. Except as provided in subdivision (b), in a trial for any other offense, the defendant is entitled to 10 and the state to 10 peremptory challenges. When two or more defendants are jointly tried, their challenges shall be exercised jointly, but each defendant shall also be entitled to five additional challenges which may be exercised separately, and the people shall also be entitled to additional challenges equal to the number of all the additional separate challenges allowed the defendants.
§ 231.Peremptory challenges
Title 3. Persons Specially Invested With Powers of a Judicial Nature · Chapter 1. Trial Jury Selection and Management Act · Enacted 2016 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 231 fixes the number of peremptory challenges by case type, most notably giving each side six peremptory challenges per party in civil cases, expanding to eight per side when parties are grouped, and requires challenges to be exercised or passed alternately until both sides pass, at which point the jury is sworn.
Full Text of § 231
(b) If the offense charged is punishable with a maximum term of imprisonment of 90 days or less, the defendant is entitled to six and the state to six peremptory challenges. When two or more defendants are jointly tried, their challenges shall be exercised jointly, but each defendant shall also be entitled to four additional challenges which may be exercised separately, and the state shall also be entitled to additional challenges equal to the number of all the additional separate challenges allowed the defendants.
(c) In civil cases, each party shall be entitled to six peremptory challenges. If there are more than two parties, the court shall, for the purpose of allotting peremptory challenges, divide the parties into two or more sides according to their respective interests in the issues. Each side shall be entitled to eight peremptory challenges. If there are several parties on a side, the court shall divide the challenges among them as nearly equally as possible. If there are more than two sides, the court shall grant such additional peremptory challenges to a side as the interests of justice may require, provided that the peremptory challenges of one side shall not exceed the aggregate number of peremptory challenges of all other sides. If any party on a side does not use his or her full share of peremptory challenges, the unused challenges may be used by the other party or parties on the same side.
(d) Peremptory challenges shall be taken or passed by the sides alternately, commencing with the plaintiff or people, and each party shall be entitled to have the panel full before exercising any peremptory challenge. When each side passes consecutively, the jury shall then be sworn, unless the court, for good cause, shall otherwise order. The number of peremptory challenges remaining with a side shall not be diminished by any passing of a peremptory challenge.
(e) If all the parties on both sides pass consecutively, the jury shall then be sworn, unless the court, for good cause, shall otherwise order. The number of peremptory challenges remaining with a side shall not be diminished by any passing of a peremptory challenge.
(f) This section shall become operative on January 1, 2021.
Plain-English Summary
Section 231 sets the peremptory-challenge budget for each kind of trial. It gives larger allotments in criminal cases, scaled to the severity of the charge, and separate rules for misdemeanor cases. For civil cases, the rule that matters most to this site: each party is entitled to six peremptory challenges. When more than two parties are involved, the court divides them into two or more sides according to their interests in the issues, and each side then gets eight peremptory challenges, divided among the parties on that side as nearly equally as possible; if there are more than two sides, the court may grant additional challenges to a side as justice requires, so long as no side’s total exceeds the combined total of all the other sides. If a party on a side does not use its full share, the other parties on that side may use the leftover challenges.
The section also sets the rhythm of exercising challenges: sides take or pass peremptory challenges alternately, starting with the plaintiff (or the People in a criminal case), and each side is entitled to a full panel before it must exercise a challenge. Once every side passes consecutively, the jury is sworn, unless the court, for good cause, orders otherwise; passing a challenge does not reduce the number of peremptory challenges a side has left. This peremptory-challenge structure became operative January 1, 2021.
Frequently Asked Questions
How many peremptory challenges does each side get in a California civil trial?
Six per party under § 231(c), rising to eight per side once the court groups more than two parties into sides.
What happens if all parties pass on using a peremptory challenge?
Once every side passes consecutively, § 231(d) has the jury sworn in, unless the court orders otherwise for good cause.
Can unused peremptory challenges be shared among co-parties on the same side?
Yes. If a party on a side does not use its full share of peremptory challenges, the other parties on that side may use the unused challenges.
Does passing on a peremptory challenge reduce how many challenges a side has left?
No. Section 231(d) states that the number of peremptory challenges remaining with a side is not diminished by passing.
Amendment History
Added Stats 2016 ch 33 § 3 (SB 843), effective June 27, 2016, operative January 1, 2021.
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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