CACI 5014 Substitution of Alternate Juror

California Civil Jury Instructions CACI

5014 Substitution of Alternate Juror

One of your fellow jurors has been excused and an alternate juror has been selected to join the jury. Do not consider this substitution for any purpose.

The alternate juror must participate fully in the deliberations that lead to any verdict. The parties have the right to a verdict reached only after full participation of the jurors whose votes determine that verdict. This right will only be assured if you begin your deliberations again, from the beginning. Therefore, you must set aside and disregard all past deliberations and begin your deliberations all over again. Each of you must disregard the earlier deliberations and decide this case as if those earlier deliberations had not taken place.

Now, please return to the jury room and start your deliberations from the beginning.

Sources and Authority

“Deliberations provide the jury with the opportunity to review the evidence in light of the perception and memory of each member. Equally important in shaping a member’s viewpoint are the personal reactions and interactions as any individual juror attempts to persuade others to accept his or her viewpoint. The result is a balance easily upset if a new juror enters the decision-making process after the 11 others have commenced deliberations.” (People v. Collins (1976) 17 Cal.3d 687, 693 [131 Cal.Rptr. 782, 552 P.2d 742].)

“We agree with plaintiff that the principles set forth in Collins apply to civil as well as criminal cases. The right to a jury trial in civil cases is also guaranteed by article I, section 16 of the California Constitution, and the provisions of the statute governing the substitution of jurors in civil cases are the same as the ones governing criminal cases. The same considerations require that each juror engage in all of the jury’s deliberations in both criminal and civil cases. The requirement that at least nine persons reach a verdict is not met unless those nine reach their consensus through deliberations which are the common experience of all of them. Accordingly, we construe section 605 [now 234] of the Code of Civil Procedure to require that the court instruct the jury to disregard all past deliberations and begin deliberating anew when an alternate juror is substituted after jury deliberations have begun.” (Griesel v. Dart Industries, Inc. (1979) 23 Cal.3d 578, 584–585 [153 Cal.Rptr. 213, 591 P.2d 503], overruled on other grounds in Privette v. Superior Court (1993) 5 Cal.4th 689, 702, fn. 4 [21 Cal.Rptr.2d 72, 854 P.2d 721], internal citations and footnote omitted.)

Secondary Sources

7 Witkin, California Procedure (5th ed. 2008) Trial, § 146
Wegner, et al., California Practice Guide: Civil Trials & Evidence, Ch. 15-E, Jury Deliberations, ¶ 15:139 et seq. (The Rutter Group)
1 Matthew Bender Practice Guide: Trial and Post-Trial Civil Procedure, Ch. 17 Dealing With the Jury, 17.38
27 California Forms of Pleading and Practice, Ch. 322, Juries and Jury Selection, § 322.52 (Matthew Bender)
1 California Trial Guide, Unit 10, Voir Dire Examination, § 10.01 (Matthew Bender)
California Judges Benchbook: Civil Proceedings—Trial § 13.19 (Cal CJER 2019)