In a civil complaint in which a panel of 75 prospective jurors assembled in a courtroom for jury selection (voir dire) just three days before the fifth anniversary of the filing of a civil complaint, the trial court's grant of defendant's motion for dismissal under the five-year dismissal statute, Code Civ. Proc. section 583.310, et seq., on grounds that the jury had not yet been 'impaneled and sworn.' is reversed where: 1) the jury was 'impaneled' when the panel of prospective jurors assembled in the courtroom for voir dire; 2) the panel was 'sworn' when the prospective jurors took an oath to respond truthfully; and thus 3) the action was, in fact, 'brought to trial' within five years of the filing of the civil complaint.