Also known as: alternate juror
Written by attorneys · grounded in primary & secondary sources — see below
A juror impaneled in a criminal trial to replace any seated juror who becomes unable to perform or is disqualified from performing duties. The alternate must possess the same qualifications and be selected and sworn in the same manner as regular jurors. Replacement occurs in the sequence the alternates were chosen, and the alternate assumes full authority upon seating.
Anthony Arnold stands trial in federal court on billing fraud charges. After opening statements, Juror 6 reports severe illness and inability to concentrate. The court excuses Juror 6 for good cause and seats the first alternate, who was selected and sworn identically to the original panel members.
A federal grand jury is investigating insurance fraud. On the third day of testimony, Juror 6 receives a mandatory hurricane evacuation order and must depart immediately. The court excuses the juror permanently and replaces her with the next alternate in selection sequence, allowing the proceeding to continue without delay.
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Andrew Avery and a codefendant proceed to trial on savings-and-loan kickback charges. The parties agree to seat fourteen jurors with two alternates identified before deliberations. When a seated juror is excused after the jury retires, the first alternate joins the deliberations under the court's instructions to begin anew.
Alexis Archer enters plea negotiations in a federal criminal case. The parties discuss whether an alternate may remain with the jury during deliberations. Counsel agrees to permit the alternate to observe without participating, treating the arrangement as a valid waiver of any discharge requirement.
Aaron Adams challenges his conviction on collateral review after a state trial in which an alternate replaced a juror. The reviewing court examines whether the federal alternate-juror procedures apply retroactively to the state proceeding under established retroactivity doctrine.
Arthur Abrams stands trial on felony charges. During voir dire the court selects alternates alongside regular jurors. Each side exercises the additional peremptory challenges allotted specifically for striking prospective alternates before the panel is sworn.
A court may substitute an alternate when a seated juror becomes unable to perform or is disqualified. Illness, mandatory evacuation orders, and other good-cause circumstances qualify. Substitution preserves the twelve-person jury without requiring party consent or a mistrial.
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No. The court holds authority to excuse a juror and seat an alternate without obtaining consent from either side. An objection by defense counsel does not block substitution when the juror cannot continue.
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A federal court may impanel up to six alternates. The rule sets an upper limit rather than a required minimum, and two or four alternates suffice when the need arises.
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The court must instruct the jury to begin deliberations anew. The alternate receives the same authority as the other jurors once seated.
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Each side receives a specified number of additional peremptory challenges that may be used only against prospective alternates. These challenges are separate from those allotted for regular jurors.
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…plus the number of allowable peremptory challenges. Rule 9.36. Since the offense charged in this case was a felony, and an alternate juror was called, the prosecutor was entitled to six peremptory challenges, and defense counsel to nine. Rule 9.40. [^maj-3]: See, e. g. , Strauder v. West Virginia , 100 U. S. 303 (1880);…