New rules make peremptory challenges trickier (and pricier)

Civil litigators, beware! Beginning in 2026, the rules regarding peremptory challenges will become fairer, more complicated, and potentially more costly. Following the perceived shortcomings of the Batson/Wheeler framework, which failed to preclude purposeful peremptory challenges against cognizable classes of citizens, legislators in California took action to eliminate conscious and unconscious bias in allowing such challenges.

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