(a) Each party may challenge peremptorily the number of jurors which each is entitled to challenge by law. Where the judicial authority determines a unity of interests exists, several plaintiffs or several defendants may be considered as a single party for the purpose of making challenges, or the judicial authority may allow additional peremptory challenges and permit them to be exercised separately or jointly. For the purposes of this section, a ‘‘unity of interest’’ means that the interests of the several plaintiffs or the several defendants are substantially similar. A unity of interest shall be found to exist among parties who are represented by the same attorney or law firm. In addition, there shall be a presumption that a unity of interest exists among parties where no cross claims or apportionment complaints have been filed against one another. In all civil actions, the total number of peremptory challenges allowed to the plaintiff or plaintiffs shall not exceed twice the number of peremptory challenges allowed to the defendant or defendants, and the total number of peremptory challenges allowed to the defendant or defendants shall not exceed twice the number of peremptory challenges allowed to the plaintiff or plaintiffs.
Section 16-5.Peremptory Challenges
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceRule 16-5 sets how peremptory challenges work in Connecticut civil trials, including how parties with a unity of interest are treated as one party for challenge purposes, the caps tying plaintiffs' and defendants' total challenges to each other, and objections raising a claim of improper bias.
Full Text of Section 16-5
(b) Pursuant to the provisions of Section 5-12, a party or the court on its own may object to the use of a peremptory challenge to raise a claim of improper bias.
Amendment History
(P.B. 1998.) (Amended June 21, 2004, to take effect Jan. 1, 2005; amended June 10, 2022, to take effect Jan. 1, 2023.)
Plain-English Summary
Subsection (a) gives each party the number of peremptory challenges allowed by law. When several plaintiffs or several defendants share a unity of interest, the judicial authority may treat them as a single party for making challenges, or may instead grant additional peremptory challenges and let those parties exercise them separately or jointly. The rule defines a “unity of interest” as interests among the several plaintiffs or several defendants that are substantially similar. Parties represented by the same attorney or law firm are deemed to have a unity of interest, and there is a presumption of unity of interest among parties who have not filed cross claims or apportionment complaints against one another. Across the whole case, the total peremptory challenges allowed to the plaintiff or plaintiffs cannot exceed twice the total allowed to the defendant or defendants, and the total allowed to the defendant or defendants cannot exceed twice the total allowed to the plaintiff or plaintiffs.
Subsection (b) allows a party, or the court on its own, to object — under Section 5-12 — to the use of a peremptory challenge on the ground that it raises a claim of improper bias.
Frequently Asked Questions
What is a “unity of interest” under Rule 16-5?
It means the interests of several plaintiffs or several defendants are substantially similar. Parties sharing the same attorney or law firm are automatically treated as having a unity of interest, and parties who have not filed cross claims or apportionment complaints against each other are presumed to share one.
How many peremptory challenges can the plaintiffs have compared to the defendants?
The rule caps each side’s total: the plaintiff or plaintiffs’ total peremptory challenges cannot exceed twice the defendant or defendants’ total, and the defendant or defendants’ total cannot exceed twice the plaintiff or plaintiffs’ total.
Can a party object to how another party uses a peremptory challenge?
Yes. Under subsection (b), a party or the court on its own may object to the use of a peremptory challenge to raise a claim of improper bias, following the procedure in Section 5-12.
Can multiple plaintiffs get extra peremptory challenges instead of being treated as one party?
Yes. Where a unity of interest exists, the judicial authority may allow additional peremptory challenges and permit the parties to exercise them separately or jointly, rather than treating them as a single party.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 16-5). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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