Massachusetts Guide to Evidence 2025 Edition MA R EVID § 1116

(1)Stage One: Prima Facie Case of Unlawful Discrimination. There is a presumption that the exercise of a peremptory challenge is proper, which is rebutted when the totality of the relevant facts gives rise to an inference of discriminatory purpose. Establishing a prima facie case of discrimination is not an onerous task, but if the party opposing the peremptory challenge fails to make this showing, the judge must over-rule the objection and allow the peremptory challenge. The trial judge has broad discretion to ask for an explanation concerning the propriety of a peremptory challenge, either at the request of a party or sua sponte.

(2)Stage Two: Group-Neutral Explanation. If the party objecting to the exercise of the peremptory challenge establishes a prima facie showing of discrimination, or the judge requests an explanation sua sponte, the party exercising the peremptory challenge must provide a group-neutral, bona fide reason for the peremptory challenge. The reason must be clear, reasonably specific, related to the case before the court, and personal to the juror. The judge must allow all parties to be heard and may take evidence.

(3)Stage Three: Evaluation of the Explanation. The judge must determine whether the explanation given by the party exercising the peremptory challenge is both adequate and genuine. Good faith alone is insufficient. The judge must make two specific findings on the record regarding the explanation:

If the judge concludes that the reason for the peremptory challenge is both adequate and genuine, the peremptory challenge of the prospective juror may be exercised. If the judge concludes that the reason for the peremptory challenge was either inadequate or not genuine, the peremptory challenge must be denied.