Talesmen – a juror summoned from among bystanders in the courthouse to complete a jury panel when, because of challenge or other cause, there is not a petit jury to determine a civil or criminal case because the original jury panel has been exhausted

talesmen:
(17c)

1. Archaic. A person selected from among bystanders in court to serve as a juror when the original jury panel has become deficient in number.

2. VENIREMEMBER. — aka tales-juror. [1]

1. Jurors, sometimes called talesjurors, returned, often from bystanders, to complete a jury panel when because of challenge or other cause, there is not a petit jury to determine a civil or criminal case.  31 Am J Rev ed Jury § 3.
When talesmen are summoned for use in a particular case after the regular panel has been exhausted, it is not necessary that the talesmen be actually in the courtroom when summoned.  They are no less bystanders because they were summoned in advance to be there for use when needed.  Morgan v Sun Oil Co. (CA5 Tex) 109 F2d 178.

2. In occasional usage, a synonym of jurors31 Am J Rev ed Jury § 3.
 [2]

1. A juror summoned from among bystanders in the courthouse. [3]

 

References:

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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]: Ballantine’s Law Dictionary Legal Assistant Edition by Jack Ballantine (James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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