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S 9770

Relates to alternate jurors

2025 Regular Session Introduced by Luis Sepúlveda

Holds that alternate jurors can be drawn and substituted with parity to regular jurors, and may only participate if a regular juror cannot serve, with deliberations reset according

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Bill Summary · S 9770

Bill Summary: S 9770 (2025-2026) – Relates to Alternate Jurors (New York)

Basic Information

  • Jurisdiction: New York
  • Bill Number: S 9770
  • Session: 2025-2026
  • Introduced by: State Senator Sepulveda
  • Committee: Judiciary
  • Effective Date: Immediate upon enactment
  • Applicability: Applies to actions and proceedings pending on or after the effective date

Purpose and Intent

The bill amends the Civil Practice Law and Rules (CPLR) to modify the use and management of alternate jurors in civil trials. It clarifies when alternate jurors may be selected, seated, substituted, and deprived of participation, and it specifies how deliberations proceed after a substitution. The overarching goal is to provide a formal framework for ensuring juror availability and the integrity of the deliberation process when unexpected juror replacements are necessary.

Key Provisions

  1. Definition and Role of Alternate Jurors

    • Alternate jurors may be drawn at the request of a party with the court’s consent.
    • They must be drawn at the same time, from the same source, in the same manner, and possess the same qualifications as regular jurors.
    • Alternate jurors are seated, take the oath, and are treated the same as regular jurors.

  2. Retention and Availability

    • After final submission of the case, the court may retain alternate jurors to ensure availability if needed.
    • The court has discretion to discharge a regular juror (due to death, illness, or inability to perform duties) and substitute an alternate juror who is retained or drawn.

  3. Substitution Process

    • If a regular juror is discharged, the court may replace them with a substituted or retained alternate juror.
    • The substitute is treated as if they had been selected as a regular juror.

  4. Deliberations and Participation Rules

    • Once deliberations have begun, an alternate juror may participate only if a regular juror becomes unable to perform duties.
    • After an alternate has substituted in, the jury must deliberate anew on all issues that were submitted at the outset of deliberations.
    • If a verdict has already been rendered on some issues and an alternate is seated, the jury must deliberate anew on issues not yet determined by that verdict.

Applications and Impact

  • Who is Affected: Civil juries in New York state courts, including jurors, parties requesting alternates, and the court system (judges and clerks) administering juror processes.
  • Operational Effects:
    • Formalizes the timing and method for selecting and using alternate jurors.
    • Establishes the conditions under which alternates may participate in deliberations.
    • Ensures that substitution triggers a full or partial reset of deliberations, depending on what issues have been decided.
  • Potential Practical Implications:
    • May increase flexibility to manage juror availability without risking trial integrity.
    • Could extend deliberation time in cases where alternates are substituted and deliberations are restarted for all issues not yet decided.
    • Provides uniform rules aligning with “same qualifications, same examination and challenges” for alternates.

Procedural and Timeline Notes

  • Effective Date: Immediate upon enactment.
  • Scope of Application: Applies to actions and proceedings pending on or after the effective date.
  • Process Timeline:
    • Alternates can be drawn at the outset or later with consent.
    • Substitutions occur if a regular juror is unable to serve; deliberations may be restarted as specified.

Summary

S 9770 modernizes and clarifies the use of alternate jurors in New York civil trials, detailing when and how alternates may be selected, seated, and substituted, and clarifying procedural consequences for deliberations and verdicts. The bill emphasizes parity between regular and alternate jurors in qualifications, exam, and treatment, while providing the court with discretion to preserve trial integrity and ensure juror availability.

Compiled from official sources — confirm details with the bill’s official record.

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