California Code of Civil Procedure

eBook
Part 1 Of Courts of Justice
TITLE 3.  PERSONS SPECIALLY INVESTED
WITH POWERS OF A JUDICIAL NATURE
Chapter 1. 
Trial Jury Selection  and Management Act
Sections  190-237

Chapter 1 Trial Jury Selection  and Management Act
Sections 190-237
 

CODE OF CIVIL PROCEDURE
SECTION 234

234.  Whenever, in the opinion of a judge of a superior court about
to try a civil or criminal action or proceeding, the trial is likely
to be a protracted one, or upon stipulation of the parties, the court
may cause an entry to that effect to be made in the minutes of the
court and thereupon, immediately after the jury is impaneled and
sworn, the court may direct the calling of one or more additional
jurors, in its discretion, to be known as "alternate jurors."
   These alternate jurors shall be drawn from the same source, and in
the same manner, and have the same qualifications, as the jurors
already sworn, and shall be subject to the same examination and
challenges.  However, each side, or each defendant, as provided in
Section 231, shall be entitled to as many peremptory challenges to
the alternate jurors as there are alternate jurors called.
   The alternate jurors shall be seated so as to have equal power and
facilities for seeing and hearing the proceedings in the case, and
shall take the same oath as the jurors already selected, and shall,
unless excused by the court, attend at all times upon the trial of
the cause in company with the other jurors, but shall not participate
in deliberation unless ordered by the court, and for a failure to do
so are liable to be punished for contempt.
   They shall obey the orders of and be bound by the admonition of
the court, upon each adjournment of the court; but if the regular
jurors are ordered to be kept in the custody of the sheriff or
marshal during the trial of the cause, the alternate jurors shall
also be kept in confinement with the other jurors; and upon final
submission of the case to the jury, the alternate jurors shall be
kept in the custody of the sheriff or marshal who shall not suffer
any communication to be made to them except by order of the court,
and shall not be discharged until the original jurors are discharged,
except as provided in this section.
   If at any time, whether before or after the final submission of
the case to the jury, a juror dies or becomes ill, or upon other good
cause shown to the court is found to be unable to perform his or her
duty, or if a juror requests a discharge and good cause appears
therefor, the court may order the juror to be discharged and draw the
name of an alternate, who shall then take his or her place in the
jury box, and be subject to the same rules and regulations as though
he or she has been selected as one of the original jurors.
   All laws relative to fees, expenses, and mileage or transportation
of jurors shall be applicable to alternate jurors, except that in
civil cases the sums for fees and mileage or transportation need not
be deposited until the judge directs alternate jurors to be
impaneled.


 

The California Code of Civil Procedure Table of Contents
California Code of Civil Procedure Table of Contents-Official Site
California Codes All-Official Site
State Constitution-Official Site
California Statutes-Official site
California legislative information-Official site

Internal Links-This site
Chapter 3.  Supreme Court Table of Contents  
Chapter 5.5 SMALL CLAIMS COURT Article 5.  Hearing Table of Contents 
Chapter 4 INCIDENTAL POWERS AND DUTIES OF JUDICIAL OFFICERS Table of Contents