An alternate juror is a juror selected to hear the trial and remain available to replace a juror who cannot continue or is disqualified. If you are selected as an alternate, you may listen to days of evidence and still never participate in the verdict. Your role is to be ready, rather than to decide independently that you are no longer needed.

An alternate is not a spectator or a less qualified juror. The broader Juror role involves serving impartially under the court’s directions. The practical distinction is whether the court has placed you on the jury that deliberates and decides the case. Rules about selection, substitution, retention and dismissal depend on the jurisdiction and whether the case is civil or criminal. Follow the judge's instructions in your own case.

Why Courts Select Alternate Jurors

Trials can be interrupted by a juror's illness, inability to continue or disqualification. Having someone who has heard the evidence available may allow the trial to continue without starting over or ending in a mistrial. That is different from a hung jury, where jurors cannot agree: an alternate is not selected to replace someone simply because other jurors dislike that person's view.

In federal criminal cases, Rule 24(c) permits up to six alternates, requires the same qualifications and manner of selection and oath as other jurors, and specifies the order of replacement. You can read the current Federal Rules of Criminal Procedure. The rule provides an example of a particular system, not a required number for every trial nationwide.

Selection involves questions about impartiality and suitability for the case, often called voir dire. Answer honestly about any connection to the parties, knowledge of the case or difficulty following the court's requirements. Alternate status does not itself mean the judge found you less capable or that a lawyer thought your views were unimportant.

Regular Juror and Alternate Juror Compared

Here, “regular juror” means a juror serving on the deciding jury in a system that uses designated alternates.

Federal criminal Rule 24 expressly gives a replacing alternate the same authority as the other jurors. The purpose is meaningful participation, not merely supplying a spare vote.

What an Alternate Actually Does During Trial

Expect to attend as directed, pay attention to the admitted evidence and listen to the instructions. The court determines seating and logistics. Alternates may be seated with or near the trial jury; the location of a chair does not establish whether you will ultimately deliberate. Ask court staff about practical arrangements rather than assuming you can sit elsewhere or miss part of the evidence.

The federal trial-juror handbook published by the Northern District of Illinois explains why jurors must avoid outside information and premature discussion. Important conduct principles include:

• Do not research the case, parties, location or legal terms yourself, including through internet searches or AI tools. Use the court's instructions and approved process for questions.
• Do not discuss the case with family, friends, coworkers or online. Follow the judge's instructions about communications with other jurors as well.
• Do not contact parties, witnesses or lawyers about the case or seek information from them outside court.
• Report improper contact, outside information or a problem affecting your ability to serve to the court using its instructions.
• Do not assume alternate status relaxes these rules. You may still be called on to decide the case.

Follow the judge's specific directions about note-taking, questions, breaks and attendance. A glossary or handbook does not authorize a different practice in your trial.

What Happens When Deliberations Begin?

There are two questions: Are you being discharged, or retained? If retained, what instructions govern waiting and possible substitution? Ask for clarification if the answer is unclear before leaving.

Under federal criminal Rule 24(c)(3), the court may retain alternates after the jury retires to deliberate. A retained alternate must not discuss the case with anyone until replacing a juror or being discharged. If an alternate replaces a juror after deliberations have begun, the court must instruct the jury to begin its deliberations anew.

That fresh start matters: the newly constituted jury must deliberate with the replacement juror participating. The alternate does not simply approve a conclusion reached by a different group. Retention also does not mean an alternate may join the jury room to listen while waiting.

New York provides a useful state comparison. Under Criminal Procedure Law § 270.30, after the jury retires, the court must either discharge alternates with the consent of the defendant and prosecution or keep them separate and direct them not to discuss the case. Section 270.35 also requires the defendant's written, personally signed consent in open court for replacement after deliberations have begun. These are New York criminal-procedure examples; do not transfer those consent requirements to every state or to federal court.

If never needed, an alternate is discharged as the court directs. Confirm whether that ends all jury service or whether the jury office has further instructions. Do not treat the start of deliberations, a rumor about the verdict or another juror's departure as your own discharge.

Civil Cases Can Work Differently

Do not assume the federal criminal alternate-juror model applies to a civil trial. In federal civil cases, Rule 48 requires a jury to begin with six to twelve members and requires each to participate in the verdict unless excused under Rule 47(c). Rule 47 permits excusal for good cause during trial or deliberation. See the current Federal Rules of Civil Procedure.

This differs from designating spare jurors who hear the case but ordinarily do not decide it. State civil systems may use their own alternate procedures. Identify the court and case type before relying on an explanation about jury size or what happens at deliberations.

Pay, Seating and Other Common Questions

Do alternate jurors get paid? Jury-service compensation depends on the court's rules, not just whether you cast a verdict vote. For federal petit jury service, the U.S. Courts' current pay guide lists $50 per day, with eligibility for up to $60 per day after ten days if the presiding judge orders it. Federal employees receive regular salary instead of that fee. Transportation reimbursement and certain overnight allowances are addressed separately. State rates and eligibility can differ; confirm your court's payment and attendance process, including retained-alternate days. Employer salary continuation is a separate question, and federal law does not require every employer to continue salary during federal jury service.

Do alternates sit in the jury box? They attend and hear the trial, but exact seating is a courtroom arrangement. Follow the assigned seat and the court's directions. A seat in or near the box is not permission to deliberate before substitution.

How many alternates are needed? There is no single nationwide number. Federal criminal Rule 24 permits up to six. New York § 270.30 ordinarily permits one to six when the court directs selection, with a statutory exception. The judge determines what is appropriate within the governing rules. Do not assume every case needs two.

Why was I chosen as an alternate? You were selected for a role that requires readiness and impartial attention. The specific selection process depends on the court; being an alternate is not a finding that you are less competent. The U.S. Courts' selection guide explains general federal selection and courtroom questioning. It does not identify the personal reason you were chosen in a particular case.

Can I leave if I am unlikely to be needed? Only when the court permits it. Tell court staff about an illness, hardship or attendance problem through the prescribed process. Do not disappear or assume you have been excused.

Common Misunderstandings

“An alternate can vote while waiting.” Hearing the evidence is different from joining deliberations. Wait for the court's substitution instructions.

“Alternates are always dismissed before deliberations.” Federal criminal and New York rules show why that is not a universal rule. Retained alternates remain subject to instructions.

“An alternate guarantees there can be no mistrial.” Replacement must comply with the rules and an eligible alternate must be available. More than one juror may become unable to serve; the court must address the remaining jury and procedural requirements, not simply add any available observer.

“Waiting separately means I am sequestered.” Separation from the deliberating jury and an order to sequester jurors are different instructions. Confirm the actual restrictions, location and availability requirements rather than inferring them from a label.

A Practical Example and Service Checklist

Imagine a criminal trial with twelve deciding jurors and two alternates. On the fourth day, one deciding juror becomes too ill to continue. Because the alternates attended the evidence, the court may be able to substitute an eligible alternate under the applicable rules. If illness instead occurs after deliberations begin, the court must consider the different substitution rules and instructions at that stage. This is a hypothetical illustration, not a promise that replacement is available or avoids a mistrial in every case.

Before leaving court as an alternate, confirm:

1. Whether you are discharged or still retained and how to remain available.
2. Where to wait, when to return and how the court will contact you.
3. Which restrictions on discussion, research and contact remain in force.
4. How attendance and any payment or reimbursement are recorded.
5. Whom to tell promptly if health or another problem affects service.

The main value of an alternate is continuity: someone remains prepared to participate fairly if the court needs a replacement. If you are discharged without deciding the case, that does not make the attention you gave the trial unnecessary.

This is general information about U.S. jury service. Your summons, court rules and judge's instructions govern your own responsibilities.