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Right To Back Strike

The trial lawyer has the right to back-strike at any time. A party may use an unused peremptory challenge at any time up until the jury is sworn. Lottimer v NBHD, 889 So2d 165 (Fla 4th DCA 2004) Counsel has the right to back-strike into main panel even after alternate jurors are selected or while they are being selected. Lottimer, supra.

And remember that the trial lawyer always has the right to exercise all strikes outside the hearing of the jury. FRCP 1.431