Nevada Revised Statutes

Nev. Rev. Stat. § 16.040 (2026)

Challenges to jurors; peremptory challenges

✓ current as of July 2026
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NRS 16.040  Challenges to jurors; peremptory challenges.

      1.  Either party may challenge the jurors. The challenges must be to individual jurors and be peremptory or for cause. Each side is entitled to four peremptory challenges.

      2.  If there are two or more parties on any side and their interests are diverse, the court may allow additional peremptory challenges, but not more than four, to the side with the multiple parties. If the multiple parties on a side are unable to agree upon the allocation of their additional peremptory challenges, the court shall make the allocation.

      [1911 CPA § 263; RL § 5205; NCL § 8761]—(NRS A 1977, 295; 1979, 66)

     

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1965–2021 · leading case: Frame v. Grisewood, 399 P.2d 450 (Nev. 1965).
Frame v. Grisewood, 399 P.2d 450 (Nev. 1965). “His sole contention is that he was precluded from developing information that would permit the intelligent exercise of the four peremptory challenges allowed by NRS 16.040. Of significance is the fact that the peremptory challenge does not exist as a matter of right, apart from…”
Kiles (Deon) v. State (Nev. 2019). “NRS 16.040(1). Here, while Kiles was given the correct number of peremptory challenges and was permitted to question the jurors, the district court did not examine potential unseated jurors before requiring Riles to use those peremptory challenges against seated jurors.”
Figueroa (Jose) Vs. State, 478 P.3d 869 (Nev. 2021). “3d 1031, 1038 (2008) (concluding that neutral reasons for peremptory challenge were pretextual where the record did not support the conclusion 2It appears that in rejecting the State's explanation based on the prospective juror's concerns related to his custody case, the…”
Menendez-cordero (luis) Vs. State, 2019 NV 29 (Nev. 2019). “See NRS 16.040, 175.051 (providing each party a specified number of peremptory challenges depending on the type of case and, if criminal, the offense); see also Blake v.”
— Nev. Rev. Stat. § 16.040(1) — 1 case
Kiles (Deon) v. State (Nev. 2019). “NRS 16.040(1). Here, while Kiles was given the correct number of peremptory challenges and was permitted to question the jurors, the district court did not examine potential unseated jurors before requiring Riles to use those peremptory challenges against seated jurors.”
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