Colorado § 16-10-104 Peremptory challenges

Colorado Statutes

§ 16-10-104 — Peremptory challenges

Colorado § 16-10-104

Title 16Criminal

Art.Jury Trials

This text of Colorado § 16-10-104 (Peremptory challenges) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 16-10-104 (2026).

Text

(1)(a) In capital cases and in cases in which the defendant is charged with murder in the first degree, the state and the defendant, when there is one defendant, are each entitled to ten peremptory challenges. In all other cases where there is one defendant and the punishment may be by imprisonment in the correctional facilities operated by the department of corrections, the state and the defendant are each entitled to five peremptory challenges, and in all other cases to three peremptory challenges.

(b)(I) If there is more than one defendant in a case:

(A)In capital cases and in cases in which a defendant is charged with murder in the first degree, each side is entitled to an additional three peremptory challenges for every defendant after the first, but not exceeding twenty

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(1) (a) In capital cases and in cases in
which the defendant is charged with murder in the first degree, the state and the
defendant, when there is one defendant, are each entitled to ten peremptory
challenges. In all other cases where there is one defendant and the punishment
may be by imprisonment in the correctional facilities operated by the department of
corrections, the state and the defendant are each entitled to five peremptory
challenges, and in all other cases to three peremptory challenges.

(b) (I) If there is more than one defendant in a case:

(A) In capital cases and in cases in which a defendant is charged with murder
in the first degree, each side is entitled to an additional three peremptory
challenges for every defendant after the first, but not exceeding twenty
peremptory challenges to each side;

(B) In all other cases where the punishment may be by imprisonment in the
correctional facilities operated by the department of corrections, each side is
entitled to two additional peremptory challenges for every defendant after the first,
not exceeding fifteen peremptory challenges to each side; and

(C) In all other cases, each side is entitled to one additional peremptory
challenge for every defendant after the first, not exceeding ten peremptory
challenges to each side.

(II) In any case where there are multiple defendants, every peremptory
challenge shall be made and considered as the joint peremptory challenge of all
defendants.

(c) In case of the consolidation of any indictments, informations, complaints,
or summonses and complaints for trial, the consolidated cases shall be considered,
for all purposes concerning peremptory challenges, as though the defendants had
been joined in the same indictment, information, complaint, or summons and
complaint.

(d) When trial is held on a plea of not guilty by reason of insanity, the number
of peremptory challenges is the same as if trial were on the issue of substantive
guilt.

(2) Peremptory challenges shall be exercised as provided by applicable rule
of criminal procedure.

Legislative History

Source: L. 72: R&RE, p. 237, � 1. C.R.S. 1963: � 39-10-104. L. 79: (1) amended, p. 678, � 3, effective July 1. L. 81: (1) amended, p. 890, � 3, effective July 1. L. 85: (1) amended, p. 617, � 9, effective July 1. L. 2024: (1) amended, (HB 24-1225), ch. 130, p. 459, � 2, effective December 17 (see editor's note).