Rule RCr 9.32 – Alternate Jurors

May 13, 2021 | Criminal Procedure, Kentucky

(1) In General . The court may impanel alternate jurors to hear a case . Should it become necessary to excuse a juror, the trial shall proceed unless the number of jurors is reduced below the number required by law. If the membership of the jury exceeds the number required by law, the alternate juror or jurors may be designated by agreement of the parties and the Court; otherwise, immediately before the jury retires to consider its verdict, the clerk, in open court, shall by random selection reduce the jury to the number required by law.
(2) Recalling Alternate Jurors. The court may require alternate jurors to remain sworn and subject to recall after the jury retires to deliberate provided they have been properly admonished. If recalled, the court must ensure that an alternate has complied with the admonition . If an alternate is recalled after deliberations have begun, the court must instruct the jury to begin its deliberations anew. Alternate jurors shall be recalled in the same sequence in which they were excused.

Ky. R. Crim. P. RCr 9.32

Adopted by Order 2010-09, eff. 1-1-11.