Alternates are selected with the jury, hear all evidence, and substitute for excused jurors. Federal practice permits up to six alternates with additional peremptory challenges allocated.
Alternates are typically excused when deliberations begin.
Alternative Names:
Alternate, Substitute Juror
Why it Matters?
Whether alternates know they are alternates affects their attentiveness, and some courts do not disclose the designation until deliberations. In lengthy trials the number of alternates matters materially, since juror attrition from illness and hardship is common and losing the jury below the required number causes a mistrial. Requesting additional alternates in a long trial is worth doing at the pretrial conference.
Frequently Confused with
Related terms
Frequently asked questions
Why do alternates matter in long trials?
Do alternates know their status?
