CACI 111 Instruction to Alternate Jurors

California Civil Jury Instructions CACI

111 Instruction to Alternate Jurors

As [an] alternate juror[s], you are bound by the same rules that govern the conduct of the jurors who are sitting on the panel. You will observe the same trial and should pay attention to all of my instructions just as if you were sitting on the panel. Sometimes a juror needs to be excused during a trial for illness or some other reason. If that happens, an alternate will be selected to take that juror’s place.

Directions for Use

If an alternate juror is substituted, see CACI No. 5014, Substitution of Alternate Juror.

Sources and Authority

Alternate Jurors. Code of Civil Procedure section 234.

“Alternate jurors are members of the jury panel which tries the case. They are selected at the same time as the regular jurors. They take the same oath and are subject to the same qualifications as the regular jurors. Alternate jurors hear the same evidence and are subject to the same admonitions as the regular jurors and, unless excused by the court, are available to participate as regular jurors.” (Rivera v. Sassoon (1995) 39 Cal.App.4th 1045, 1048 [46 Cal.Rptr.2d 144], internal citations omitted.)

Secondary Sources

27 California Forms of Pleading and Practice, Ch. 322, Juries and Jury Selection, §§ 322.44, 322.52, 322.101 (Matthew Bender)
1 California Trial Guide, Unit 10, Voir Dire Examination, § 10.01 et seq. (Matthew Bender)
1 Matthew Bender Practice Guide: California Trial and Post-Trial Civil Procedure, Ch. 6, Jury Selection, 6.08[4]
California Judges Benchbook: Civil Proceedings—Trial § 3.89 (Cal CJER 2019)