When a juror moves out of state during a trial, it can create a significant challenge for the court and the parties involved. The judge must decide how to proceed with the trial and whether to seat an alternate juror. The parties must decide whether to agree to continue with the trial without the juror or to seek a mistrial.
Consequences of a Juror Moving Out of State
If a juror moves out of state during a trial, the judge may declare a mistrial. This is because the juror is no longer able to participate in the trial and the parties may not be able to agree on an alternate juror.
In addition to a mistrial, other consequences of a juror moving out of state may include the following:
Delay in the trial
Increased cost of trial
Difficulty in finding an alternate juror
Mistrial
Options for When a Juror Moves Out of State
If a juror moves out of state during a trial, the options for the judge include the following:
Declare a mistrial
Seat an alternate juror
Continue the trial without the juror
Continue the trial with the juror participating remotely
The judge will consider the circumstances of the case and the wishes of the parties when making a decision.
The Pros and Cons of Each Option
Declare a mistrial
Declaring a mistrial is the most drastic option, but it may be necessary if the judge believes that the juror’s absence will prejudice the trial.
Pros:
- Ensures that the trial is fair and impartial
- Avoids the risk of an appeal based on the juror’s absence
Cons:
- Delays the trial
- Can be expensive
- May not be necessary if the parties can agree on an alternate juror
Seat an alternate juror
Seating an alternate juror is a less drastic option than declaring a mistrial. However, it is important to note that alternate jurors are not always available.
Pros:
- Avoids the need for a mistrial
- Ensures that the trial can continue with a full jury
Cons:
- Alternate jurors may not be as familiar with the case as the other jurors
- Alternate jurors may be biased
Continue the trial without the juror
Continuing the trial without the juror is an option if the judge believes that the juror’s absence will not prejudice the trial.
Pros:
- Avoids the need for a mistrial
- Avoids the need for an alternate juror
Cons:
- May prejudice the trial
- May not be fair to the parties
Continue the trial with the juror participating remotely
Continuing the trial with the juror participating remotely is an option if the juror is willing and able to do so.
Pros:
- Avoids the need for a mistrial
- Avoids the need for an alternate juror
- Ensures that the trial can continue with the full jury
Cons:
- May be difficult to coordinate
- May not be fair to the parties if the juror is unable to participate fully
Tips for Avoiding Problems with Jurors Moving Out of State
In order to avoid problems with jurors moving out of state, the following tips can be helpful:
- Ask potential jurors if they have any plans to move out of state during the trial.
- Select alternate jurors who are willing and able to serve if needed.
- Keep the parties updated on the status of the jury.
- Be prepared to make a decision on how to proceed if a juror moves out of state.
Conclusion
When a juror moves out of state during a trial, it can create a significant challenge for the court and the parties involved. The judge must decide how to proceed with the trial and the parties must decide whether to agree to continue with the trial without the juror or to seek a mistrial. By following the tips in this article, you can help to avoid problems with jurors moving out of state and ensure that your trial proceeds smoothly.
Additional Resources
[1] American Bar Association, “Juror Misconduct”](https://www.americanbar.org/groups/litigation/committees/torts-trial-insurance-practice/articles/2019/03/07/juror-misconduct/)
[2] New York State Unified Court System, “Juror Handbook”](https://www.nycourts.gov/COURTS/10courts/appdiv1/jurorHandbook.shtml)
[3] United States Courts, “Juror Handbook”](https://www.uscourts.gov/about-federal-courts/court-structure/jury-service/juror-handbook)
Tables
Table 1: Consequences of a Juror Moving Out of State
| Consequence | Description |
|---|---|
| Mistrial | The judge may declare a mistrial if the juror is no longer able to participate in the trial. |
| Delay in the trial | The trial may be delayed if the judge needs to find an alternate juror. |
| Increased cost of trial | The cost of the trial may increase if the judge needs to find an alternate juror or declare a mistrial. |
| Difficulty in finding an alternate juror | It may be difficult to find an alternate juror who is willing and able to serve. |
Table 2: Options for When a Juror Moves Out of State
| Option | Description |
|---|---|
| Declare a mistrial | The judge may declare a mistrial if the juror is no longer able to participate in the trial. |
| Seat an alternate juror | The judge may seat an alternate juror if one is available and willing to serve. |
| Continue the trial without the juror | The judge may continue the trial without the juror if the judge believes that the juror’s absence will not prejudice the trial. |
| Continue the trial with the juror participating remotely | The judge may continue the trial with the juror participating remotely if the juror is willing and able to do so. |
Table 3: Pros and Cons of Each Option
| Option | Pros | Cons |
|---|---|---|
| Declare a mistrial | Ensures that the trial is fair and impartial | Delays the trial |
| Seat an alternate juror | Avoids the need for a mistrial | Alternate jurors may not be as familiar with the case as the other jurors |
| Continue the trial without the juror | Avoids the need for a mistrial | May prejudice the trial |
| Continue the trial with the juror participating remotely | Avoids the need for a mistrial | May be difficult to coordinate |
Table 4: Tips for Avoiding Problems with Jurors Moving Out of State
| Tip | Description |
|---|---|
| Ask potential jurors if they have any plans to move out of state during the trial. | This will help you to identify potential problems early on. |
| Select alternate jurors who are willing and able to serve if needed. | This will ensure that you have a backup plan in case a juror moves out of state. |
| Keep the parties updated on the status of the jury. | This will help to avoid any surprises. |
| Be prepared to make a decision on how to proceed if a juror moves out of state. | This will help you to avoid delays in the trial. |
