Provides that after an alternate juror has been substituted, the jury shall deliberate anew on all issues submitted to the jury at the outset of deliberations; exempts issues for which a verdict was already rendered.
STATE OF NEW YORK
________________________________________________________________________
8695
2025-2026 Regular Sessions
IN ASSEMBLY
May 30, 2025
___________
Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to alter-
nate jurors
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 4106 of the civil practice law and rules, as
2 amended by chapter 204 of the laws of 2013, is amended to read as
3 follows:
4 § 4106. Alternate jurors. One or more additional jurors, to be known
5 as "alternate jurors", may be drawn upon the request of a party and
6 consent of the court. Such alternate juror or jurors shall be drawn at
7 the same time, from the same source, in the same manner, and have the
8 same qualifications as regular jurors, and be subject to the same exam-
9 inations and challenges. They shall be seated with, take the oath with,
10 and be treated in the same manner as the regular jurors. After final
11 submission of the case, the court may, in its discretion, retain such
12 alternate juror or jurors to ensure availability if needed. At any time,
13 before or after the final submission of the case, if a regular juror
14 dies, or becomes ill, or is unable to perform the duties of a juror, the
15 court may order that juror discharged and draw the name of an alternate,
16 or retained alternate, if any, who shall replace the discharged juror,
17 and be treated as if that juror had been selected as one of the regular
18 jurors. Once deliberations have begun, the court may allow an alternate
19 juror to participate in such deliberations only if a regular juror
20 becomes unable to perform the duties of a juror. After an alternate
21 juror has been substituted, the jury shall deliberate anew on all of the
22 issues that were submitted to the jury at the outset of deliberations.
23 Where a jury has rendered the verdict on one or more issues, and an
24 alternate juror must be seated, the jury shall deliberate anew on all
25 issues that were not determined by such rendered verdict.
26 § 2. This act shall take effect immediately and shall apply to all
27 actions and proceedings pending on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11845-01-5
