Art. 796 Removal of juror after swearing

If a juror is picked and sworn in, but the court later finds out that person shouldn't have been allowed to serve, the judge can still fix the problem. The judge can remove that juror and pick someone else to take their place.

There's a time limit on this, though. The judge can only make this switch before the first witness starts testifying. Once testimony begins, this option is no longer available. After the juror is removed, the court fills the empty seat the normal way, just like it did when picking the rest of the jury.

This rule gives judges a way to correct mistakes in jury selection early on, before the trial really gets going. It protects both sides by making sure the jury is made up of people who are actually qualified to serve, while also keeping the trial process moving forward without unnecessary delays once things are underway.