2313.37 Duties of alternate juror. - Ohio Statutes

2313.37 Duties of alternate juror.

In the trial in the court of common pleas of any civil case, when it appears to the judge presiding that the trial is likely to be protracted, upon direction of the judge after the jury has been impaneled and sworn, an additional or alternate juror shall be selected in the same manner as the regular jurors in the case were selected, but each party is entitled to two peremptory challenges as to the alternate juror.

(B) In all criminal cases, the selection of alternate jurors shall be made pursuant to Criminal Rule 24.

(C) The additional or alternate jurors selected shall be sworn and seated near the regular jurors, with equal opportunity for seeing and hearing the proceedings and shall attend at all times upon the trial with the regular jurors and shall obey all orders and admonitions of the court to the jury, and when the regular jurors are ordered kept together in a criminal case, the alternate jurors shall be kept with them. The additional or alternate jurors shall be liable as regular jurors for failure to attend the trial or to obey any order or admonition of the court to the jury, shall receive the same compensation as other jurors, and except as provided in this section shall be discharged upon the final submission of the case to the jury.

(D) If before the final submission of the case to the jury, which in capital cases includes any hearing required under division (D) of section 2929.03 of the Revised Code, a regular juror becomes unable to perform his duties, incapacitated, or disqualified, he may be discharged by the judge, in which case, or if a regular juror dies, upon the order of the judge, an additional or alternate juror, in the order in which called, shall become one of the jury and serve in all respects as though selected as an original juror.

Effective Date: 10-19-1981