Legal Definitions - talesman

A talesman is an archaic legal term that refers to a person selected from among the bystanders present in a courtroom to serve as a juror. This would occur when the original group of potential jurors (known as the jury panel or venire) became insufficient in number to form a complete jury for a trial.

Here are some examples illustrating the concept of a talesman:

• Example 1: Depleted Jury Pool Due to Absences

  Imagine a small town court in the 19th century. The court summons 30 potential jurors for a murder trial, but on the day of jury selection, only 15 individuals appear. The judge needs 12 jurors plus two alternates to proceed. Faced with a significantly deficient panel, the judge might then look to eligible citizens who are merely observing the court proceedings and ask them to step forward to fill the remaining juror spots. These individuals, chosen from the courtroom audience, would be considered talesmen.

• Example 2: Extensive Challenges During Jury Selection

  During a high-profile civil case, the initial panel of 40 potential jurors is quickly exhausted. Both the plaintiff's and defendant's attorneys exercise numerous challenges, excusing many individuals due to perceived biases, conflicts of interest, or other reasons. After these challenges, only seven qualified potential jurors remain, but the court requires twelve. In such a scenario, under the old legal practice, the judge might have directed court officers to identify suitable individuals from the public gallery who were not otherwise involved in the case to serve as jurors, thereby making them talesmen to complete the jury.

• Example 3: Last-Minute Disqualifications

  A local court has a limited pool of potential jurors for a property dispute. As the jury selection process begins, several individuals from the summoned panel reveal they have direct financial ties to one of the parties involved or a close personal relationship with a key witness, making them ineligible to serve. This leaves the court with fewer jurors than legally required to seat a full jury. To avoid a lengthy delay in summoning an entirely new panel, the judge, following historical procedures, could have called upon qualified individuals who were present in the courtroom as observers to join the jury, designating them as talesmen.