If, before the jury has returned its verdict to the court, a juror becomes sick or, upon other good cause shown to the court, is found to be unable to perform his or her duty, the court may order the juror to be discharged. If any alternate jurors have been selected as provided by law, one of them shall then be designated by the court to take the place of the juror so discharged. If after all alternate jurors have been made regular jurors or if there is no alternate juror, a juror becomes sick or otherwise unable to perform the juror’s duty and has been discharged by the court as provided in this section, the jury shall be discharged and a new jury then or afterwards impaneled, and the cause may again be tried. Alternatively, with the consent of all parties, the trial may proceed with only the remaining jurors, or another juror may be sworn and the trial begin anew.
§ 233.Discharge of juror before verdict returned
Title 3. Persons Specially Invested With Powers of a Judicial Nature · Chapter 1. Trial Jury Selection and Management Act · Enacted 1988 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 233 addresses what happens when a juror becomes sick or otherwise unable to serve before verdict and no alternate is available, allowing the court to discharge the jury and impanel a new one, or, with all parties’ consent, to proceed with the remaining jurors or start over with a substitute juror.
Full Text of § 233
Plain-English Summary
Section 233 covers a jury short a member before it reaches a verdict, in a case with no alternate juror available. If a seated juror becomes sick or otherwise unable to perform the juror’s duty and is discharged, the default is a mistrial of sorts: the jury is discharged, and a new jury may be impaneled so the case can be tried again.
The parties can avoid that reset if they all agree. With the consent of every party, the trial may instead continue with only the remaining jurors, or another juror may be sworn in and the trial begun anew, giving the parties a faster path back to a verdict than starting the whole case over.
Frequently Asked Questions
What happens if a juror gets sick during trial and there is no alternate?
Section 233 lets the court discharge the jury and impanel a new one so the case can be retried, unless the parties consent to another option.
Can a civil trial continue with fewer jurors if one is discharged?
Yes, but only with the consent of all parties, under § 233.
Can a substitute juror be sworn in mid-trial without starting over completely?
With the consent of all parties, § 233 allows another juror to be sworn and the trial to begin anew.
Amendment History
Added Stats 1988 ch 1245 § 2.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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