(1)(a) In the trial of a person charged with a crime, the court may in its discretion, after the jury is impaneled and sworn, direct the calling of additional jurors, to be known as “alternate jurors.” The court may call:
(A) One to six additional jurors if the person is charged with a felony; and
(B) One to three additional jurors if the person is charged with a misdemeanor.
(b) Jurors called under paragraph (a) of this subsection:
(A) Must be drawn from the same source and in the same manner and must have the same qualifications as other jurors in the case.
(B) Are subject to the same examination and may be challenged in the same manner as other jurors.
(c) In the drawing of alternate jurors, the names of jurors excused for cause or on peremptory challenges in the selection of the jury to which the jurors shall serve as alternates must be excluded from the names from which the drawing is made.
(2) Each side is entitled to the following peremptory challenges in addition to those otherwise allowed by statute:
(a) If one or two alternate jurors are to be impaneled, each side is entitled to one peremptory challenge.
(b) If three or four alternate jurors are to be impaneled, each side is entitled to two peremptory challenges.
(c) If five or six alternate jurors are to be impaneled, each side is entitled to three peremptory challenges.
(3) 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. [Amended by 1991 c.725 §1; 2003 c.358 §1]Section: Previous 136.150 136.160 136.210 136.220 136.230 136.240 136.250 136.260 136.270 136.280 136.285 136.290 136.295 136.300 136.310 Next
Last modified: August 7, 2008