Legal Definitions - tales-juror

A tales-juror is an individual who is summoned to serve on a jury from among those present in or near the courtroom when the original panel of prospective jurors has been exhausted, and additional jurors are needed to complete the jury. The term is used when the court needs to quickly fill unexpected vacancies to ensure a trial can proceed without delay. These individuals are not part of the initial, pre-selected jury pool but are called upon *ad hoc* to complete the required number of jurors.

• Example 1: Civil Trial Shortfall

  During the jury selection for a complex civil lawsuit, several potential jurors are excused for valid reasons such as personal hardship or conflicts of interest. After exhausting the initial pool of 40 summoned individuals, the court finds itself with only 10 qualified jurors, but 12 are needed for the trial. The judge then instructs the bailiff to identify two eligible individuals from the courthouse's public waiting areas or hallways who meet the basic requirements for jury service. These two individuals are then brought in for questioning to potentially fill the remaining spots.

  Explanation: The two individuals brought in from the immediate vicinity of the courthouse, outside of the original summoned panel, to complete the jury are considered tales-jurors. They are called upon to address an unexpected shortfall in the jury selection process.

• Example 2: High-Profile Criminal Case

  In a highly publicized criminal trial, the *voir dire* (jury selection process) is exceptionally thorough due to concerns about potential juror bias from media coverage. After several days of questioning, the entire initial panel of 100 prospective jurors has been dismissed, either by the judge or through challenges by the attorneys. However, the court still requires three more jurors to reach the necessary number for the trial. The judge orders that additional individuals be brought in from the general courthouse population or nearby public areas to be considered for jury duty.

  Explanation: The three individuals who are subsequently brought in from outside the original, exhausted jury pool to complete the jury selection process are tales-jurors. They serve as supplementary jurors when the primary source of potential jurors has been depleted.

• Example 3: Unexpected Disqualification

  A jury has almost been finalized for a property dispute case. However, just before the jury is sworn in, it is discovered that one of the selected jurors has a previously undisclosed, direct financial interest in one of the properties involved, making them ineligible to serve. With no alternate jurors selected and the original jury pool already dismissed, the judge instructs court staff to locate a qualified individual from the public waiting area to be considered as a replacement to avoid delaying the trial.

  Explanation: The person identified from the public waiting area to fill the unexpected vacancy on the jury is a tales-juror. They are called upon to complete the jury when an unforeseen event reduces the number of qualified jurors below the required minimum and the original pool is no longer available.