Revised Code of Washington

Wash. Rev. Code § 4.44.140 (2026)

Peremptory challenges defined

✓ current as of May 2026
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A peremptory challenge is an objection to a juror for which no reason need be given, but upon which the court shall exclude the juror.
[ 2003 c 406 s 5; Code 1881 s 208; 1877 p 43 s 212; 1869 p 51 s 212; RRS s 325.]
Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1974–2025 · leading case: State v. Sassen Van Elsloo, 425 P.3d 807 (Wash. 2018).
State v. Sassen Van Elsloo, 425 P.3d 807 (Wash. 2018). · cites it 2× “130. Challenges may be peremptory or for cause.”
State v. Fire, 34 P.3d 1218 (Wash. 2001). “, concurring) (quoting RCW 4.44.140), review granted, 141 Wn.2d 1024 (2000).”
State v. Davis, 10 P.3d 977 (Wash. 2000). “See RCW 4.44.140. See Report of Proceedings (Jan.”
State v. Vreen, 994 P.2d 905 (Wash. Ct. App. 2000). · cites it 2× “2d 1347 (1989); see RCW 4.44.140; CrR 6.4(e)(1). However, the Equal Protection Clause limits the exercise of peremptory challenges by prohibiting their use to exclude otherwise qualified and unbiased jurors based upon their race.”
State v. Salinas, 549 P.2d 712 (Wash. 1976). · cites it 2× “RCW 4.44.140. When the only apparent cause for its exercise in a given case is the exclusion of a juror on the basis of that juror's racial background, that exercise should be viewed as prima facie discriminatory and unconstitutional.”
State v. Evans, 998 P.2d 373 (Wash. Ct. App. 2000). “[7] RCW 4.44.140 provides: "A peremptory challenge is an objection to a juror for which no reason need be given, but upon which the court shall exclude him.”
State v. Fire, 998 P.2d 362 (Wash. Ct. App. 2000). “[6] RCW 4.44.140. [7] 476 U.S. 79 , 106 S.Ct.”
State v. Fire, 100 Wash. App. 722 (Wash. Ct. App. 2000). “RCW 4.44.140. 476 U.S. 79 , 106 S. Ct. 1712 , 90 L.”
Smith v. Kent, 523 P.2d 446 (Wash. Ct. App. 1974). “44; RCW 4.44.140, .150, .210. A litigant who has passed a juror for cause nevertheless may wish to exercise a peremptory challenge because he or his counsel “believes that a juror,, because of his life circumstances, would identify too closely with or would dislike the…”
State v. Evans, 100 Wash. App. 757 (Wash. Ct. App. 2000). “RCW 4.44.140 provides: “A peremptory challenge is an objection to a juror for which no reason need be given, but upon which the court shall exclude him.”
State v. Bell (Wash. 2025). · cites it 2× “See RCW 4.44.140. The rule was created to effectuate the guaranteed equal protection right of any defendant “to be tried by a jury whose members are State v.”
State v. Fire, 34 P.3d 1218 (Wash. 2001). “, concurring) (quoting RCW 4.44.140), review granted, 141 Wash.2d 1024 , 11 P.”
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