Jurors

1. Law
2. Georgia Code
3. Civil Practice
4. Civil Practice Act
5. Trials
6. Jurors

1. The parties may by written stipulation, filed of record, stipulate that the jury shall consist of any number less than that fixed by statute.
2. 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.

(Ga. L. 1966, p. 609, § 47; Ga. L. 1967, p. 226, § 34; Ga. L. 1989, p. 243, § 1; Ga. L. 1993, p. 91, § 9.)

Cross references.

- Trial by jury generally, Ga. Const. 1983, Art. I, Sec. I, Para. XI.

For further provisions regarding selection of jurors in civil cases, § 15-12-122 et seq.

Selection of juries, Uniform Superior Court Rules, Rule 11.

U.S. Code.

- For provisions of Federal Rules of Civil Procedure, Rule 47, see 28 U.S.C.

JUDICIAL DECISIONS

Twelve member juries in superior courts.

- Under this state's Constitution and statutes, a jury in the superior courts must be composed of 12 members. First Fid. Ins. Corp. v. Busbia, 128 Ga. App. 485, 197 S.E.2d 396 (1973).

Equity jury requires 12 members.

- When the trial court does authorize a jury trial in an equity case, the composition of the jury is governed by the law which controls those cases in which there is a right to a jury trial, and when such a right is neither waived nor stipulated against, the trial court may not proceed with less than a twelve-person jury. Hague v. Pitts, 262 Ga. 777, 425 S.E.2d 636 (1993).

Agreement to accept verdict by less than twelve jurors.

- Since legislature has recognized that in civil cases there is nothing sacerdotal in the number 12 agreement to accept a verdict by less than 12 jurors is not contrary to public policy. Phillips v. Meadow Garden Hosp., 139 Ga. App. 541, 228 S.E.2d 714 (1976).

Cited in Cail v. Griffin, 224 Ga. 431, 162 S.E.2d 356 (1968); Pittman v. Pebbles, 148 Ga. App. 64, 251 S.E.2d 30 (1978); Bisno v. Biloon, 161 Ga. App. 351, 291 S.E.2d 66 (1982), overruled on other grounds, State ex rel. McKenna v. McKenna, 253 Ga. 6, 315 S.E.2d 885 (1984).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Jury, § 108 et seq. 75B Am. Jur. 2d, Trials, §§ 1458 et seq., 1510 et seq., 1516, 1518.

Jury Misconduct Warranting New Trial, 24 POF2d 633.

Challenges for Cause in Jury Selection Process, 58 POF3d 395.

C.J.S.

- 50A C.J.S., Juries, §§ 256, 257.

ALR.

- Misconduct of juror which will authorize or require withdrawal of juror, 86 A.L.R. 928.

Right to consent to trial of criminal case before less than twelve jurors; and effect of consent upon jurisdiction to proceed with less than twelve, 105 A.L.R. 1114.

Peremptory challenge after acceptance of juror, 3 A.L.R.2d 499.

Constitutionality and construction of statute or court rule relating to alternate or additional jurors or substitution of jurors during trial, 84 A.L.R.2d 1288; 15 A.L.R.4th 1127; 88 A.L.R.4th 711; 10 A.L.R. Fed. 185; 115 A.L.R. Fed. 381; 119 A.L.R. Fed. 589.

Sufficiency of waiver of full jury, 93 A.L.R.2d 410.

Proper procedure upon illness or other disability of civil case juror, 99 A.L.R.2d 684.

Effectiveness of stipulation of parties or attorneys, notwithstanding its violating form requirements, 7 A.L.R.3d 1394.

Religious belief, affiliation, or prejudice of prospective jurors as proper subject of inquiry or grounds for challenge on voir dire, 95 A.L.R.3d 172.

Presence of alternate juror in jury room as ground for reversal of state criminal conviction, 15 A.L.R.4th 1127.

Propriety, under state statute or court rule, of substituting state trial juror with alternate after case has been submitted to jury, 88 A.L.R.4th 711.

Jurors as within coverage of workers' compensation acts, 13 A.L.R.5th 444.

Inattention of juror from sleepiness or other cause as ground for reversal or new trial, 59 A.L.R.5th 1.

Prejudicial effect of juror misconduct arising from internet usage, 48 A.L.R.6th 135.

Substitution, under Rule 24c of Federal Rules of Criminal Procedure, of alternate juror for regular juror before jury retires to consider verdict in federal criminal case, 115 A.L.R. Fed. 381.

Judicial removal for cause and peremptory strike validity under against jurors based upon viewing police procedural programs, live television trials, reality legal television, or other crime and legal based television programs, 84 A.L.R.6th 229.

Propriety of disclosure of state jurors' personal identifying information, 95 A.L.R.6th 219.

Peremptory Challenge Excluding Person on Basis of Sexual Orientation as Violation of Federal Constitution, 48 A.L.R. Fed. 3d Art. 2.

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