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This entry was published on 2014-09-22
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Alternate jurors
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 41
§ 4106. Alternate jurors. One or more additional jurors, to be known
as "alternate jurors", may be drawn upon the request of a party and
consent of the court. Such alternate juror or jurors shall be drawn at
the same time, from the same source, in the same manner, and have the
same qualifications as regular jurors, and be subject to the same
examinations and challenges. They shall be seated with, take the oath
with, and be treated in the same manner as the regular jurors. After
final submission of the case, the court may, in its discretion, retain
such alternate juror or jurors to ensure availability if needed. At any
time, before or after the final submission of the case, if a regular
juror dies, or becomes ill, or is unable to perform the duties of a
juror, the court may order that juror discharged and draw the name of an
alternate, or retained alternate, if any, who shall replace the
discharged juror, and be treated as if that juror had been selected as
one of the regular jurors. Once deliberations have begun, the court may
allow an alternate juror to participate in such deliberations only if a
regular juror becomes unable to perform the duties of a juror.