Disability of Juror

  1. Law
  2. Tennessee Code
  3. Civil Procedure
  4. Trial
  5. Jurors
  6. Disability of Juror

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  1. If, after the jury is impaneled, and before verdict, a juror becomes sick or otherwise disabled so as to be unable to perform jury duty, the juror may be discharged by the court. In such case, unless otherwise arranged by the parties, the vacancy may be filled and the trial commenced anew, or the court may, in its discretion, order the jury to be discharged and a new one impaneled.
  2. In case of the disability of a juror or jurors, under this section, the cause may be tried and determined, by consent of parties, by the remaining jurors.

Code 1858, §§ 2962, 2963 (deriv. Acts 1817, ch. 99, § 1); Shan., §§ 4687, 4688; Code 1932, §§ 8814, 8815; T.C.A. (orig. ed.), § 20-1309.

Cross-References. Alternate jurors, Tenn. R. Civ. P. 47.02.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Double Jeopardy, § 7.

Law Reviews.

Criminal Law and Procedure (William D. Warren), 6 Vand. L. Rev. 1179.


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