2.733 Alternate Jurors.
(1) In the trial of a person charged with a crime, the court may in its discretion direct the calling of additional jurors, to be known as "alternate jurors." The court may call one to three additional jurors if the person is charged with a misdemeanor.
(2) Jurors called under subsection (1) of this section:
(a) Must be drawn from the same source and in the same manner and must have the same qualifications as other jurors in the case.
(b) Are subject to the same examination and may be challenged in the same manner as other jurors in the case.
(3) In the drawing of alternate jurors, the names of jurors excused for cause or on peremptory challenges in the selection of the jury to which the jurors shall serve as alternates must be excluded from the names from which the drawing is made.
(4) The court has discretion to decide:
(a) When and in what manner the alternate jurors are selected;
(b) When and in what manner the additional peremptory challenges described in subsection (2) of this section may be used; and
(c) When and in what manner the alternate jurors are informed of their status as alternate jurors.
(5) Alternate jurors shall take the same oath and shall be subject to the same laws, orders and rules, including any order preventing the separation of the jury during the trial, shall be seated near the other jurors in the case, with equal opportunity and facilities for seeing and hearing the proceedings and shall attend at all times upon the trial of the case in company with the other jurors.
(6) If, before the final submission of the case, any juror dies or is unable to perform the duty because of illness or other sufficient cause, the court shall discharge the juror from the case. The court shall draw the name of an alternate juror, who shall then become a member of the jury, replacing the discharged juror as though the alternate juror had been selected as one of the original jurors.
(7) The court may retain alternate jurors after the case is submitted to the jury to replace jurors as provided in subsection(6) of this section. An alternate juror retained under this subsection shall not attend or otherwise participate in deliberations unless the alternate juror is selected to replace a juror. If an alternate juror replaces a juror under this section after deliberations have begun, the court shall instruct the jury to begin deliberations anew.