CHAPTER 3. TRIAL BY JURY SECTION 1. GENERAL PROVISIONS Art. 782. Number of jurors composing jury; number which must concur; waiver A. A case in which punishment may be capital shall be tried by a jury of twelve jurors, all of whom must concur to render a verdict. A case for an offense committed prior […]
Art. 783. Excusing, tendering, and attachment of members of the venire A. The court may excuse a member of the petit jury venire at any time prior to the time he is sworn as a juror to try a particular case. The panel shall be selected from the remaining members of the petit jury venire. […]
Art. 784. Method of selecting panel In selecting a panel, names shall be drawn from the petit jury venire indiscriminately and by lot in open court and in a manner to be determined by the court. In those judicial district courts, including the Criminal District Court for the parish of Orleans, wherein use of a […]
Art. 785. Tales jurors A. In a parish other than Orleans having more than one division of court, holding petit jury terms simultaneously, when a petit jury venire of one division is or is about to be exhausted before a trial jury is impaneled, the judge of that division, with the consent of the judge […]
Art. 786. Examination of jurors The court, the state, and the defendant shall have the right to examine prospective jurors. The scope of the examination shall be within the discretion of the court. A prospective juror, before being examined, shall be sworn to answer truthfully questions asked him relative to his qualifications to serve as […]
Art. 787. Disqualification of petit jurors in particular cases The court may disqualify a prospective petit juror from service in a particular case when for any reason doubt exists as to the competency of the prospective juror to serve in the case.
Art. 788. Tendering jurors A. After the examination provided by Article 786, a prospective juror may be tendered first to the state, which shall accept or challenge him. If the state accepts the prospective juror, he shall be tendered to the defendant, who shall accept or challenge him. When a prospective juror is accepted by […]
Art. 789. Alternate jurors A. The court may direct that not more than six jurors in addition to the regular panel be called and impaneled to sit as alternate jurors. Alternate jurors, in the order in which they are called, shall replace jurors who become unable to perform or disqualified from performing their duties. Alternate […]
Art. 790. Swearing of jurors When selection of jurors and alternate jurors has been completed, and all issues properly raised under Article 795 have been resolved, the jurors shall then be sworn together to try the case in a just and impartial manner, each to the best of his judgment, and to render a verdict […]
Art. 791. Sequestration of jurors and jury A. A jury is sequestered by being kept together in the charge of an officer of the court so as to be secluded from outside communication, except as permitted by R.S. 18:1307.2. B. In capital cases, after each juror is sworn he shall be sequestered, unless the state […]
Art. 792. Selection of foreman When the jury has retired, the jurors shall select a foreman who shall preside over their deliberations and sign the verdict.
Art. 793. Use of evidence in jury room; reading of recorded testimony; jurors’ notes A. Except as provided in Paragraph B of this Article, a juror must rely upon his memory in reaching a verdict. He shall not be permitted to refer to notes or to have access to any written evidence. Testimony shall not […]
Art. 794. Removal of jury A. The court may, and at the request of the state or a defendant shall, remove the jury from the courtroom when the court hears matters to be decided by the court alone. The court may remove the jury from the courtroom at any time when considered in the best […]
