In a federal civil trial, a 12-person jury is selected along with additional individuals to step in if necessary. On the second day of the trial, one juror withdraws due to unforeseen circumstances. What is the appropriate action for the court to take?
Postpone the trial and select a new juror from the original jury pool.
Declare a mistrial and begin jury selection anew.
Continue the trial with the remaining 11 jurors without replacement.
Bring in one of the pre-selected additional jurors to replace the withdrawn juror.
The correct action is to bring in one of the additional designated individuals to replace the withdrawn juror. These individuals are selected in advance to ensure the trial can continue smoothly without significant delays. The other options either disrupt the trial unnecessarily or do not utilize the pre-selected replacements.
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Can the trial proceed with fewer than 12 jurors in a federal civil trial?
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Multistate Bar Examination
Civil Procedure
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