500-A:13 Alternate Juror. –
I. In the trial in the superior court of any civil or criminal case, when it appears to the presiding justice that there is reason for the selection of alternate jurors, the jurors shall, at the direction of the presiding justice, be drawn, selected and empaneled in the same manner as the regular jurors.
II. The alternate jurors shall:
(a) Be sworn with and seated near the jury with equal opportunity for seeing and hearing the proceedings;
(b) Attend the trial at all times with the jury;
(c) Obey all orders and admonitions of the court to the jury; and
(d) Be kept with the jury if the court orders the jury to be kept together.
III. The alternate jurors shall be liable as regular jurors for failure to attend the trial or to obey any order or admonition of the court to the jury. They shall receive the same compensation as other jurors. At the final submission of the case to the jury, any remaining alternate jurors who have not been substituted under paragraph IV, may be excused by the court or, if required to remain at court, shall be kept separate and apart from the other jurors in an appropriate place, subject to the same rules and orders as the jurors, until the jury has agreed upon a verdict or has been otherwise discharged.
IV. If, before the final submission of the case to the jury, one or more jurors becomes incapacitated, is disqualified or dies, his place shall be taken, upon the order of the court, by an alternate juror who shall become one of the jury and serve in all respects as if selected as an original juror.
V. If, at any time after the final submission of the case to the jury, and before the jury has agreed on a verdict, a juror becomes incapacitated, is disqualified, or dies, the presiding justice may order him or her to be discharged and direct the clerk to select at random the name of an alternate, who shall then take the place of the discharged juror on the jury. Before making a substitution, the presiding justice shall make a finding on record that the substitution will not cause prejudice to any party. The presiding justice shall instruct the jury to recommence deliberations and shall give the jury such other supplemental instructions as may be appropriate. The jury shall then renew its deliberations with the alternate juror.