Ohio Revised Code

Ohio Rev. Code § 2945.29 (2026)

Jurors becoming unable to perform duties

✓ current as of May 2026
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If, before the conclusion of the trial, a juror becomes sick, or for other reason is unable to perform his duty, the court may order him to be discharged. In that case, if alternate jurors have been selected, one of them shall be designated to take the place of the juror so discharged. If, after all alternate jurors have been made regular jurors, a juror becomes too incapacitated to perform his duty, and has been discharged by the court, a new juror may be sworn and the trial begin anew, or the jury may be discharged and a new jury then or thereafter impaneled.

Notes of Decisions
Cited in 46 cases (12 in the last 5 years), 1955–2026 · leading case: State v. Velez, 2014 Ohio 1788 (Ohio Ct. App. 2014).
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State v. Velez, 2014 Ohio 1788 (Ohio Ct. App. 2014). · cites it 3× “24(G) and R.C. 2945.29 address removal of jurors during criminal trials.”
State v. Henderson, 2020 Ohio 6 (Ohio Ct. App. 2020). · cites it 3× “24 or R.C. 2945.29. He also argues that a criminal defendant has a right pursuant to the Fourteenth Amendment to be present at every “critical stage” of his trial.”
State v. Grate (Slip Opinion), 2020 Ohio 5584 (Ohio 2020). “24(G) and R.C. 2945.29 govern the removal and replacement of jurors during criminal trials.”
State v. Jennings, 2017 Ohio 8224 (Ohio Ct. App. 2017). · cites it 4× “24(G) and R.C. 2945.29 govern the removal and replacement of jurors during criminal trials.”
State v. Lane, 2022 Ohio 3775 (Ohio Ct. App. 2022). · cites it 2× “24(G) and R.C. 2945.29 address removal of jurors during criminal trials.”
State v. Gross, 2002 Ohio 5524 (Ohio 2002). “The federal rules mentioned above, at least as they relate to alternate jurors, address these special challenges, and Ohio should consider making similar revisions to our rules that implicate alternates, and to any related statutes, such as R.”
State v. Mock, 2010 Ohio 2747 (Ohio Ct. App. 2010). · cites it 2× “24(G)(1) reads, “Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become or are found to be unable or disqualified to perform their duties.”
State v. Zaragoza, 2016 Ohio 144 (Ohio Ct. App. 2016). · cites it 2× “24(G) and R.C. 2945.29 address removal of jurors during criminal trials.”
State v. Brown, 2012 Ohio 1848 (Ohio Ct. App. 2012). · cites it 2× “24(F); see also R.C. 2945.29. Absent a record showing that the court abused that discretion which resulted in prejudice to the defense, the regularity of the proceedings is presumed.”
State v. Coleman, 525 N.E.2d 792 (Ohio 1988). “The juror had been physically restrained from appearing at trial by her husband. The husband apparently did not approve of the juror’s sitting on the case.”
State v. Taylor, 2020 Ohio 3481 (Ohio Ct. App. 2020). · cites it 2× “24(G) and R.C. 2945.29 address removal of jurors during criminal trials.”
State v. Cunningham, 2012 Ohio 2794 (Ohio Ct. App. 2012). · cites it 2× “24(G) and R.C. 2945.29 address removal of jurors during criminal trials.”
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— Ohio Rev. Code § 2945.29(D)(1) — 1 case
State v. Berihun, 2024 Ohio 2054 (Ohio Ct. App. 2024).
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