2.9-12 When Alternate Juror Empaneled after Deliberations Have Begun
New February 1, 2013
As you know, juror <insert juror number> was excused from the jury, and an alternate juror has been selected to take (his/her) place. Please do not speculate on the reason why the juror was excused.1
Therefore, as of this moment, you are a new jury, and you must start your deliberations over again. The parties have the right to a verdict reached by six jurors who have had the full opportunity to deliberate from start to finish. The alternate juror has no knowledge of any earlier deliberations. Consequently, you must start over at the very beginning of deliberations. Together, as a new jury, you must consider anew all of the evidence and issues presented at trial in reaching your verdict.
1 If the reason for the juror’s dismissal is neutral, it is usually best to explain it to the remaining jurors.