When a new lay juror or reserve juror joins after the trial proceedings have opened, what does the provision require the court to do?
General information · Not legal advice
Material to check
In a practice file of this kind we read the court record showing when the trial proceedings opened, the roster or register listing the lay jurors and reserve jurors who sat and when each joined, and the transcript of any hearing held to go over the issues and the evidence already examined.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the duty as mandatory and broad: once trial proceedings have begun, if a new lay juror or reserve juror is among those taking part in the trial, the proceedings must be renewed, and that renewal must be shaped so the newcomer can understand the issues and the evidence already examined, while not placing an excessive burden.
Another reading notes what the provision does not fix: it sets the standard for renewal, understanding of the issues and evidence without excessive burden, but leaves open which parts of the opened proceedings must be gone over again, who decides that scope, what in the record shows the standard was met, and when the renewal must take place.
Your judgment
If a new juror joins late in the trial, how could the file show that the renewal went far enough for that juror to understand the issues and evidence?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to set what a renewal must include, when it must occur, or how it is recorded, or if a court decision explains when a renewal falls short of the standard the provision sets.