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Civil Procedure

Jun. 26, 2026

There are other options to peremptory challenge

The California Supreme Court has curtailed blanket peremptory challenges under Code of Civil Procedure Section 170.6, but parties in civil, probate and family law matters can still select their judge through Section 638.

Marie S. Weiner

Judge (ret.)
ADR Services, Inc.

Arbitration and Discovery Referee Assignments

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There are other options to peremptory challenge
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The California Supreme Court has now made it more difficult for parties and their counsel to engage in "blanket" peremptory challenges of an assigned superior court judge, as the opposing party is now allowed to object. The "automatic" disqualification of a judicial officer under Code of Civil Procedure Section 170.6 can now be subject to a Batson-type review and denied if the peremptory challenge is found to be in "bad faith."

But, in civil, prob...

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