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3.6 Continuing Deliberations After Juror Is Discharged

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3.6 CONTINUING DELIBERATIONS AFTER JUROR IS DISCHARGED

[One] [some] of your fellow jurors [has] [have] been excused from service and will not participate further in your deliberations. You should not speculate about the reason the [juror is] [jurors are] no longer present.

You should continue your deliberations with the remaining jurors. Do not consider the opinions of the excused [juror] [jurors] as you continue deliberating. All the previous instructions given to you, including the unanimity requirement for a verdict, remain in effect.

Comment

A court may not seat a jury of fewer than six nor more than twelve jurors. See Fed. R. Civ. P. 48. The selection of alternate jurors in civil trials has been discontinued. See Advisory Committee Note, Fed. R. Civ. P. 47(b) (1991).

Approved 12/2012