A. If trial is by a jury of six, each side is allowed three peremptory challenges. If there is more than one party on any side, the court may allow each side additional peremptory challenges, not to exceed two. B. If trial is by a jury of twelve, each side is allowed six peremptory challenges. If there is more than one party on any side, the court may allow each side additional peremptory challenges, not to exceed four. C. Each side shall be allowed an equal number of peremptory challenges. If the parties on a side are unable to agree upon the allocation of peremptory challenges among themselves, the allocation shall be determined by the court before the examination on the voir dire.
Art. 1764.Peremptory Challenges
Book II. Ordinary Proceedings · Title V. Trial · Chapter 7. Jury Trial · Enacted 1983 · no amendments on record · Last verified July 30, 2026
In one sentenceArticle 1764 fixes each side's peremptory challenges at three for a six-person jury and six for a twelve-person jury, allows the court to grant additional challenges when a side has more than one party, and requires both sides to end up with an equal number, with the court dividing challenges among co-parties who cannot agree.
Full Text of Art. 1764
Amendment History
Acts 1983, No. 534, §5.
Plain-English Summary
Peremptory challenges let a party strike a prospective juror without stating a reason, and Article 1764 fixes how many each side gets. For a jury of six, each side has three; for a jury of twelve, each side has six. When more than one party sits on a single side of the case, the court may grant that side additional challenges — up to two more for a six-person jury, up to four more for a twelve-person jury — recognizing that co-parties on the same side may not always want to strike the same jurors.
Whatever the final count, Article 1764 insists both sides end up equal. If the parties on one side cannot agree among themselves how to split their allotted challenges, the court decides the allocation before voir dire examination begins, rather than leaving the co-parties to fight it out juror by juror during selection.
Frequently Asked Questions
How many peremptory challenges does each side get in Louisiana?
Three per side for a six-person jury, six per side for a twelve-person jury.
What if there is more than one plaintiff or defendant on a side?
The court may grant that side additional challenges, capped at two extra for a six-person jury and four extra for a twelve-person jury.
Must both sides get the same total number of peremptory challenges?
Yes. Article 1764(C) requires each side to end up with an equal number of peremptory challenges.
Who decides how co-parties split their peremptory challenges?
The court does, if the co-parties on a side cannot agree among themselves, and it decides before voir dire examination begins.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
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