Title 9, Chapter 11, Section 47
( 9-11-47)
(a) The parties may by written stipulation, filed of record,
stipulate that the jury shall consist of any number less than that
fixed by statute. (b) The court may direct that one or two jurors in addition to the
regular panel be called and impaneled to sit as alternate jurors.
Alternate jurors in the order in which they are called shall replace
jurors who become or are found to be unable or disqualified to
perform their duties. Alternate jurors shall be drawn in the same
manner, shall have the same qualifications, shall be subject to the
same examination and challenges, shall take the same oath, and shall
have the same functions, powers, facilities, and privileges as the
principal jurors. An alternate juror who does not replace a
principal juror may be discharged. However, if the court deems it
advisable, it may direct that one or more of the alternate jurors be
kept in the custody of one or more court officers, separate and
apart from the regular jurors, until the jury has agreed upon a
verdict. If one or two alternate jurors are called, each party is
entitled to one peremptory challenge in addition to those otherwise
allowed by law. The additional peremptory challenge may be used only
against an alternate juror, and the other peremptory challenges
allowed by law shall not be used against the alternates. |