|
|
Challenges without cause shown.
|
57.—(1) The following provisions shall apply in every trial of a civil issue which is tried with a jury, that is to say:—
|
|
| |
(a) the plaintiff or, where there are two or more plaintiffs, the plaintiffs jointly may challenge without cause shown three jurors and no more;
|
|
| |
(b) where there are two or more plaintiffs, they shall join in their challenges;
|
|
| |
(c) the defendant or, where there are two or more defendants and they join in their challenges, the defendants jointly may challenge without cause shown three jurors and no more;
|
|
| |
(d) where there are two or more defendants and they do not join in their challenges, every defendant may challenge jurors without cause shown, but the total number of jurors so challenged by defendants shall not exceed three;
|
|
| |
(e) third parties, intervenients, and other such parties shall for the purposes of this sub-section be deemed to be defendants.
|
|
| |
(2) In every trial of a criminal issue which is tried with a jury the following provisions shall apply, that is to say:—
|
|
| |
(a) if there is only one accused person, such person may challenge without cause shown five jurors and no more;
|
|
| |
(b) if there are two or more accused persons, they may join in their challenges and in such case may jointly challenge without cause shown if such persons are accused of murder or treason, ten jurors and no more, in any other case, six jurors and no more;
|
|
| |
(c) if there are two or more accused persons and they do not join in their challenges, they may each challenge jurors without cause shown but the total number of jurors so challenged by such accused persons if they are accused of murder or treason shall not exceed ten and in any other case shall not exceed six.
|
|
| |
(3) In every trial of a criminal issue which is tried with a jury and is not prosecuted at the suit of the Attorney-General of Saorstát Eireann the prosecutor may challenge without cause shown five jurors and no more.
|
|
| |
(4) Whenever a juror is lawfully challenged without cause shown he shall forthwith leave the jury box and shall not be included in the jury.
|
