Civil Jury Instructions Home

2.9-8 Discharge of Alternate Juror(s)

Revised to January 1, 2008

At this time I will discharge the alternate juror[s].  You should not have any contact with the other jurors during their deliberations, and you should not discuss the case with anyone until after a verdict has been rendered.  You may call the clerk to determine when and if this has occurred.

You have listened with great attention to the evidence and the charge, and you have been ready, willing and able to step in and serve in the event that one of the first six jurors was no longer able to serve.  Because all of them are here and ready to deliberate, we will not have to ask you to help decide the case.  Your presence was nevertheless very important and the parties, the lawyers and the court all thank you for your service.

You are discharged.  You should report to the jury administration room now and tell them you have been discharged.

The other six jurors should adjourn to the jury deliberation room.

Notes

Given the effort of the alternate jurors, it is common to ask counsel for the parties and the alternate jurors themselves if they should be sworn in as regular jurors and be permitted to deliberate in the case.  This can be done only by agreement.

There are circumstances when the judge may wish not to discharge the alternate jurors or to emphasize the possibility that they may be recalled.  Those circumstances will most often occur where the case has been bifurcated or where, because of the anticipated length of deliberation or other conditions, concern exists as to whether a regular juror might be lost during deliberation.