1. The court may direct that not more than four jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who become unable or disqualified to perform their duties.
2. Alternate jurors shall:
(a) Be drawn in the same manner;
(b) Have the same qualifications;
(c) Be subject to the same examination and challenges;
(d) Take the same oath; and
(e) Have the same functions, powers, facilities and privileges, as the regular jurors.
3. If an alternate juror is required to replace a regular juror after the jury has retired to consider its verdict, the judge shall recall the jury, seat the alternate and resubmit the case to the jury.
4. Each side is entitled to one peremptory challenge in addition to those otherwise allowed by law if one or two alternate jurors are to be impaneled, and two peremptory challenges if three or four alternate jurors are to be impaneled. The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by statute may not be used against an alternate juror.
Last modified: February 25, 2006