California Civil Jury Instructions (CACI) (2017)

5015. Instruction to Alternate Jurors

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5015.Instruction to Alternate Jurors on Submission of Case to
Jury
The jury [will soon begin/is now] deliberating, but you are still alternate
jurors and are bound by my earlier instructions about your conduct.
Until the jury is discharged, do not talk about the case or about any of
the people or any subject involved in it with anyone, not even your
family or friends[, and not even with each other]. Do not have any
contact with the deliberating jurors. Do not decide how you would vote
if you were deliberating. Do not form or express an opinion about the
issues in this case, unless you are substituted for one of the deliberating
jurors.
New February 2005; Revised December 2012
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 (Matthew
Bender)
1 Matthew Bender Practice Guide: Trial and Post-Trial Civil Procedure, Ch. 17
Dealing With the Jury, 17.38
California Judges Benchbook: Civil Proceedings—Trial (2d ed.) §§ 4.89, 14.14 (Cal
CJER 2010)
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