California Civil Jury Instructions (CACI) (2017)

111. Instruction to Alternate Jurors

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111.Instruction to Alternate Jurors
As [an] alternate juror[s], you are bound by the same rules that govern
the conduct of the jurors who are sitting on the panel. You will observe
the same trial and should pay attention to all of my instructions just as
if you were sitting on the panel. Sometimes a juror needs to be excused
during a trial for illness or some other reason. If that happens, an
alternate will be selected to take that juror’s place.
New October 2004
Directions for Use
If an alternate juror is substituted, see CACI No. 5014, Substitution of Alternate
Juror.
Sources and Authority
• Alternate Jurors. Code of Civil Procedure section 234.
• “Alternate jurors are members of the jury panel which tries the case. They are
selected at the same time as the regular jurors. They take the same oath and are
subject to the same qualifications as the regular jurors. Alternate jurors hear the
same evidence and are subject to the same admonitions as the regular jurors
and, unless excused by the court, are available to participate as regular jurors.”
(Rivera v. Sassoon (1995) 39 Cal.App.4th 1045, 1048 [46 Cal.Rptr.2d 144],
internal citations omitted.)
Secondary Sources
27 California Forms of Pleading and Practice, Ch. 322, Juries and Jury Selection,
§§ 322.44, 322.52, 322.101 (Matthew Bender)
1 California Trial Guide, Unit 10, Voir Dire Examination, § 10.01 et seq. (Matthew
Bender)
1 Matthew Bender Practice Guide: California Trial and Post-Trial Civil Procedure,
Ch. 6, Jury Selection, 6.08[4]
California Judges Benchbook: Civil Proceedings—Trial (2d ed.) § 4.89 (Cal CJER
2010)
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