Preliminary instructions; personal knowledge of material fact by
juror; disclosure; examination; excuse of juror or panel
Sec. 3. (a) As a part of the preliminary instructions, the court shall
instruct the jurors that if a juror realizes, during the course of the
trial, that he has personal knowledge of any fact material to the
cause, he shall inform the bailiff that he believes he has this
knowledge at the next recess or upon adjournment, whichever is
sooner. The bailiff shall inform the court of the juror's belief, and the
court shall examine the juror under oath in the presence of the parties
and outside the presence of the other jurors concerning his personal
knowledge of any material fact.
(b) If the court finds that the juror has personal knowledge of a
material fact, the juror shall be excused and the court shall replace
that juror with an alternate. If there is no alternate juror, then the
court shall discharge the jury without prejudice, unless the parties
agree to submit the cause to the remaining jurors.
As added by Acts 1981, P.L.298, SEC.6.
Last modified: May 24, 2006