Nevada Revised Statutes

Nev. Rev. Stat. § 16.080 (2026)

Discharge and replacement of jurors who become unable or disqualified to perform duties

✓ current as of July 2026

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NRS 16.080 Discharge and replacement of jurors who become unable or disqualified to perform duties. After the impaneling of the jury and before verdict, the court may discharge a juror upon a showing of the juror’s sickness, a serious illness or death of a member of the juror’s immediate family, an undue hardship, an extreme inconvenience, any other inability to perform the juror’s duty or a public necessity. Alternate jurors, in the order in which they were selected, shall replace jurors who become unable or disqualified to perform their duties. If an alternate juror is required to replace a regular juror after the jury has retired to deliberate, the court shall recall the jury, seat the alternate and resubmit the case to the jury. If no alternate juror has been selected, the trial may proceed with the remaining jurors, only if the parties so agree. If the parties do not so agree, the jury shall be discharged, and a new jury then or afterwards impaneled.

[1911 CPA § 267; RL § 5209; NCL § 8765]—(NRS A 1977, 300)

Notes of Decisions

Cited in 6 cases, 1999–2018 · leading case: Viray v. State, 111 P.3d 1079 (Nev. 2005).

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Viray v. State, 111 P.3d 1079 (Nev. 2005). “NRS 16.080 provides for the discharge and replacement of jurors who are disqualified or unable to perform their duties.”

Hayes v. State, 735 A.2d 1109 (Md. 1999). “1986); Nev.Rev.Stat. Ann. § 16.080 (Michie 1998); N.”

Martinorellan (rogelio) Vs. State, 2015 NV 6 (Nev. 2015). · cites it 6× “3 The State argues that this error was not of constitutional dimension because the 3Although Martinorellan argued in his briefing in support of his petition for en bane reconsideration that the district court's failure to instruct the jury to restart deliberations violated NRS…”

Martinorellan (rogelio) Vs. State, 2015 NV 6 (Nev. 2015). · cites it 3× “3 The State argues that this error was not of constitutional dimension because the 3Although Martinorellan argued in his briefing in support of his petition for en bane reconsideration that the district court's failure to instruct the jury to restart deliberations violated NRS…”

Picozzi (Mark) v. State (Nev. 2018). “080 states that "the court may discharge a juror upon a showing of the juror's sickness, a serious illness or death of a member of the juror's immediate family, an undue hardship, an extreme inconvenience, any other inability to perform the juror's duty or a public necessity.”

Haberstroh (Richard) v. State (Death Penalty-Direct) (Nev. 2015). “1 See NRS 16.080 (providing that "[a]fter the impaneling of the jury and before the verdict, the court may discharge a juror upon a showing of.”

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