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3.280. Alternate Jurors
(a) Selection. The court may direct that jurors,
in addition to the regular panel, be called and impanelled
to sit as alternate jurors. Alternate jurors, in
the order in which they are impanelled, shall replace
jurors who, prior to the time the jury retires to consider
its verdict, become unable or disqualified to
perform their duties. Alternate jurors shall be drawn
in the same manner, have the same qualifications, be
subject to the same examination, take the same oath,
and have the same functions, powers, facilities, and
privileges as the principal jurors. Except as hereinafter
provided regarding capital cases, an alternate
juror who does not replace a principal juror shall be
discharged at the same time the jury retires to consider
its verdict.
(b) Responsibilities. At the conclusion of the guilt
or innocence phase of the trial, each alternate juror
will be excused with instructions to remain in the
courtroom. The jury will then retire to consider its
verdict, and each alternate will be excused with appropriate
instructions that the alternate juror may have to
return for an additional hearing should the defendant
be convicted of a capital offense.
Committee Notes
1968 Adoption. Save for certain rewording, the suggested rule
is a transcription of section 913.10(2), Florida Statutes, except that
the provisions for the challenging of the alternate jurors has been
included more appropriately in the rule relating to challenges.
1972 Amendment. Same as prior rule.
1977 Amendment. This rule clarifies any ambiguities as to what
should be done with alternate jurors at the conclusion of a capital
case and whether they should be available for the penalty phase of
the trial. The change specifies that they will not be instructed as to
any further participation until the other jurors who are deliberating
on guilt or innocence are out of the courtroom,
in order not to
influence the deliberating jurors or in any way convey that the trial
judge feels that a capital conviction is imminent.
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