Art. 1769.Alternate Jurors

Article 1761 lets parties stipulate to proceeding with a shrunken jury if members are lost along the way. Article 1769 offers a different tool for the same problem: the court may direct that one or more alternate jurors be called and empanelled alongside the regular panel. Alternates are drawn the same way, hold the same qualifications, go through the same examination and challenges, take the same oath, and have the same functions, powers, facilities, and privileges as the principal jurors — the only thing that sets them apart is when they serve.

If a principal juror becomes unable to serve or is disqualified before the jury retires to deliberate, an alternate steps in, in the order the alternates were called. Any alternate who is never needed is discharged the moment the jury retires to consider its verdict, rather than sitting in on deliberations.

Because alternates go through the same voir dire as everyone else, Article 1769 adjusts the peremptory-challenge count from Article 1764 to account for them: when alternates are called, each side gets an equal number of additional peremptory challenges, with the court deciding how many and how they are divided among co-parties on a side. Those extra challenges can be used only against alternate jurors, and the ordinary peremptory challenges allowed under Article 1764 cannot be used against the alternates.