Colorado § 16-10-106 - Incapacity of juror.
Full text of Colorado Colorado Revised Statutes § 16-10-106 — Incapacity of juror., with citation guidance and answers to common questions.
§ 16-10-106. Incapacity of juror.
Where a jury of twelve has been sworn to try the case, and any juror by reason of illness or other cause becomes unable to continue until a verdict is reached, the court may excuse such juror. If no alternate juror is available to replace the juror, the parties at any time before verdict may stipulate in writing with court approval that the jury shall consist of any number less than twelve, and the jurors thus remaining shall proceed to try the case and determine the issues unless discharged by the court for inability to reach a verdict.
Source: L. 72: R&RE, p. 237, § 1. C.R.S. 1963: § 39-10-106.
ANNOTATION
Number of challenges for cause not limited. There has been no limit set by statute or rule on the number of challenges for cause. People v. Fink, 41 Colo. App. 47, 579 P.2d 659 (1978).
Defense counsel stipulation to a jury of less than 12 in open court and on the record satisfies the statutory requirement that the stipulation must be in writing. People v. Baird, 66 P.3d 183 (Colo. App. 2002).
Juror properly dismissed and replaced. A juror, after being sequestered for eight days, was properly dismissed and replaced with an alternate when the juror was shown to be quite nervous and upset, and no evidence of prejudice against the defendant was shown by the dismissal and replacement of the juror. People v. Evans, 674 P.2d 975 (Colo. App. 1983).
Applied in People v. Waters, 641 P.2d 292 (Colo. App. 1981).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 16-10-106
What does Colorado Revised Statutes § 16-10-106 cover?
Section 16-10-106 ("Incapacity of juror.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 16-10-106?
A common citation format is "Colorado Revised Statutes § 16-10-106" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 16-10-106 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.