In re Meade Land & Development Co.
In re Meade Land & Development Co.
Opinion of the Court
In its petition for rehearing before this court in banc,
Several defendants or several plaintiffs may be considered as a single party for the purpose of making challenges, or the court may allow additional peremptory challenges and permit them to be exercised separately or jointly.
Blount did not purport to address this part of section 1870. In this case, the trial judge allocated six peremptory challenges to the plaintiff and six to Massey-Ferguson and the two third-party defendants, thus allowing the parties defendant two each.
On its face, the statute permits the trial judge to allocate more than three peremptory challenges when more than one plaintiff or defendant is present in a case. See Smith v. Pressed Steel Tank Co., 66 F.R.D. 429 (E.D.Pa.) aff’d, 524 F.2d 1404 (3d Cir. 1975). When a single party faces several parties with interests adverse to him, the trial judge may expand the number of peremptory challenges available to both sides. See Carey v. Lykes Brothers Steamship Co., 455 F.2d 1192 (5th Cir. 1972). Further, the trial judge may require a defendant-third-party plaintiff and third-party defendants to share the same number of peremptory challenges as allocated to a single plaintiff. Moore v. South African Marine Corp., Ltd., 469 F.2d 280 (5th Cir. 1972); Carey v. Lykes Brothers Steamship Co., supra.
In reviewing the trial judge’s allocation of peremptory challenges in a multiparty civil case, our standard of review is whether the trial judge abused his discretion. No abuse was shown in this case.
The petition for rehearing will be denied.
. The case was affirmed by the panel in a judgment order of May 9, 1978, 577 F.2d 725.
Reference
- Full Case Name
- In the Matter of MEADE LAND AND DEVELOPMENT CO., INC., Bankrupt. Appeal of EASTGATE ENTERPRISES, INC., Creditor
- Cited By
- 3 cases
- Status
- Published