Indiana § 35-37-2-3 Preliminary instructions; personal knowledge of material fact by juror;
disclosure; examination; excuse of juror or panel

Indiana Statutes

§ 35-37-2-3 — Preliminary instructions; personal knowledge of material fact by juror; disclosure; examination; excuse of juror or panel

Indiana·Art. 37 TRIAL PROCEDURE·Ch. 2 Trial Proceedings

(a)As a part of the preliminary instructions, the court shall instruct the jurors that if a juror realizes, during the course of the trial, that he has personal knowledge of any fact material to the cause, he shall inform the bailiff that he believes he has this knowledge at the next recess or upon adjournment, whichever is sooner. The bailiff shall inform the court of the juror's belief, and the court shall examine the juror under oath in the presence of the parties and outside the presence of the other jurors concerning his personal knowledge of any material fact.

(b)If the court finds that the juror has personal knowledge of a material fact, the juror shall be excused and the court shall replace that juror with an alternate. If there is no alternate juror, then the court shall dischar

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(a) As a part of the preliminary instructions, the
court shall instruct the jurors that if a juror realizes, during the course
of the trial, that he has personal knowledge of any fact material to the
cause, he shall inform the bailiff that he believes he has this knowledge
at the next recess or upon adjournment, whichever is sooner. The bailiff
shall inform the court of the juror's belief, and the court shall examine
the juror under oath in the presence of the parties and outside the
presence of the other jurors concerning his personal knowledge of any
material fact.
(b) If the court finds that the juror has personal knowledge of a
material fact, the juror shall be excused and the court shall replace that
juror with an alternate. If there is no alternate juror, then the court shall
discharge the jury without prejudice, unless the parties agree to submit
the cause to the remaining jurors.
As added by Acts 1981, P.L.298, SEC.6.

Indiana § 35-37-2-3 (Preliminary instructions; personal knowledge of material fact by juror; disclosure; examination; excuse of juror or panel) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.