CACI 5015 Instruction to Alternate Jurors on Submission of Case to Jury

California Civil Jury Instructions CACI

5015 Instruction to Alternate Jurors on Submission of Case to Jury

The jury [will soon begin/is now] deliberating, but you are still alternate jurors and are bound by my earlier instructions about your conduct.

Until the jury is discharged, do not talk about the case or about any of the people or any subject involved in it with anyone, not even your family or friends[, and not even with each other]. Do not have any contact with the deliberating jurors. Do not decide how you would vote if you were deliberating. Do not form or express an opinion about the issues in this case, unless you are substituted for one of the deliberating jurors.

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

7 Witkin, California Procedure (5th ed. 2008) Trial, § 145
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 (Matthew Bender)
1 Matthew Bender Practice Guide: Trial and Post-Trial Civil Procedure, Ch. 17, Dealing With the Jury, 17.38
California Judges Benchbook: Civil Proceedings—Trial §§ 3.89, 13.14 (Cal CJER 2019)