Does a judge have authority to rule upon the timeliness of a peremptory challenge?
California, United States of America
The following excerpt is from Stebbins v. White, 190 Cal.App.3d 769, 235 Cal.Rptr. 656 (Cal. App. 1987):
7 The trial court misapprehended its authority to rule upon the timeliness of the challenge. As we noted in Brown v. Swickard (1985) 163 Cal.App.3d 820, 209 Cal.Rptr. 844, "[i]t is settled that the challenged judge may rule on the timeliness of a peremptory challenge." (Id., at p. 830, fn. 13, 209 Cal.Rptr. 844; citations omitted.)
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