Oklahoma § 22-601 - Number of jurors - Oaths - Fines not exceeding Five

§ 22-601. Number of jurors - Oaths - Fines not exceeding Five

Hundred Dollars.

The jury consists of twelve persons except that in misdemeanors

it shall consist of six persons, chosen as prescribed by law, and

sworn or affirmed well and truly to try and true deliverance to make

between the State of Oklahoma and the defendant whom they shall have

in charge, and a true verdict to give according to the evidence.

Criminal cases wherein the punishment for the offense charged is by

a fine only not exceeding Five Hundred Dollars ($500.00) shall be

tried to the court without a jury.

R.L.1910, § 5835; Laws 1968, c. 371, § 1, eff. Jan. 13, 1969; Laws

1991, c. 15, § 3, eff. July 1, 1991.

§22-601a. Alternate jurors - Challenges - Oath or affirmation Attendance upon trial.

Whenever in the opinion of the court the trial of a cause is

likely to be a protracted one, the court may, immediately after the

jury is impaneled and sworn, direct the calling of as many as two

additional jurors to be known as "alternate juror". Such alternate

jurors shall be drawn from the same source, and in the same manner,

and have the same qualifications as regular jurors, and be subject

to examination and challenge as such jurors, except that the state

shall be allowed one peremptory challenge to each alternate juror,

and all parties defendant shall together, or any one party defendant

for and on behalf and by the consent of all parties defendant, be

allowed one peremptory challenge to each alternate juror.

The alternate jurors shall be sworn (or affirmed) to well and

truly try and true deliverance make of all issues finally submitted

to them as jurors in said cause, if any such issue shall be so

finally submitted to them, and shall be seated near the regular

jurors with equal facilities for seeing and hearing the proceedings

in the cause, shall attend at all times upon the trial of the cause

in company with the regular jurors and shall obey all orders and

admonitions of the court; and if the regular jurors are ordered to

be kept in the custody of an officer during the trial of the cause,

the alternate jurors shall also be kept with the other jurors, and,

except as hereinafter provided, shall be discharged upon the final

submission of the cause to the jury.

If, before the final submission of the cause to the jury, a

regular juror, or two regular jurors, shall be discharged because of

illness, or shall die, the court shall order one or both alternate

jurors, as circumstances may require, to take their places in the

Oklahoma Statutes - Title 22. Criminal Procedure

jury box. After an alternate juror is in the jury box, he shall be

subject to the same regulations and requirements as other regular

jurors.

Laws 1941, p. 88, § 2.

§22-601b. Protracted deliberations - Sequestration of alternate

jurors.

If, upon final submission of the cause, the court is of the

opinion that the deliberations may be protracted, the court may

order the alternate juror or jurors to remain sequestered physically

or by admonition not to discuss the case with any person or allow

any person to discuss the case with a juror. In such event said

alternate or alternates shall remain apart from the jury and not

take part in its deliberations, but shall await the call of the

court at some place designated by the court until such time as said

alternate may be needed. In the event one or two of the twelve

jurors shall, during the course of deliberations, be discharged

because of illness, or die, the court shall order one or both

alternate jurors to take their places in the jury room and

deliberations shall then continue.

In the event the cause is a bifurcated, two-stage proceeding,

the "final submission of the cause" shall occur when the jury

retires to deliberate upon the sentence in the punishment or second

stage of the proceedings. In such a trial the alternates shall not

be excused prior to commencement of deliberations in the second

stage.

Added by Laws 1988, c. 109, § 25, eff. Nov. 1, 1988.