Alabama Codes

Title 12 - Courts

Chapter 1 - Juries

Article 1 General Provisions.

Section 12-16-1 When words "jury" or "juries" include court or judge
Whenever the statutes or laws of this state authorize or require the jury to ascertain or determine certain facts, to make certain findings or ...
Section 12-16-2 Persons exempted from jury duty
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978. ...
Section 12-16-3 Citizens of state, counties, cities, etc., not disqualified as interested in actions in which state, county, city, etc., a party or interested
In actions to which the state, a county, a city or a town is a party or has an interest, citizens of the state, ...
Section 12-16-4 Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978. ...
Section 12-16-5 Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978. ...
Section 12-16-6 Duty of court to ascertain qualifications before administering oath to jurors
It is the duty of the court, before administering the oath prescribed by law to any grand, petit or tales jurors, to ascertain that ...
Section 12-16-7 Duty of juror to declare personal knowledge as to fact in controversy during trial and proceedings upon such declaration; proceedings upon declaration of fact by juror during retirement of jury
If a juror has personal knowledge respecting any fact in controversy, he must declare it in open court during the trial; and, if during ...
Section 12-16-8 Employees excused from employment; compensation; postponement of service
(a) Upon receiving a summons to report for jury duty, any employee, on the next day he or she is engaged in his or ...
Section 12-16-8.1 Discharge of employee or adverse employee action
(a) No employer in this state may discharge any employee or subject any employee to an adverse employment action solely because he or she ...
Section 12-16-9 Separation and sequestration of jury in felony cases
In the prosecution of any felony case the trial court in its discretion may permit the jury hearing the case to separate during the ...
Section 12-16-10 Provision of lodging and meals for jurors, etc., when jury kept together without separation overnight, etc.; presumption as to separation of jurors on basis of sex
Whenever a jury is, by order of the court, kept together without separation during any night or for any unusual length of time, it ...
Section 12-16-11 Charge of court to jury generally
The court may state to the jury the law of the case and may also state the evidence when the same is disputed, but ...
Section 12-16-12 When charge must be written and filed in record
The charge of the judge must be taken down by the court reporter or by some stenographer appointed by the court and reduced to ...
Section 12-16-13 Charges moved for by parties; appeals; general charges
Charges moved for by either party must be in writing and must be given or refused in the terms in which they are written, ...
Section 12-16-14 Taking of written evidence by jury on retirement
All instruments of evidence and depositions read to the jury may be taken out by them on their retirement. ...
Section 12-16-15 Polling of jurors and proceedings thereupon
When a verdict is entered in either a civil or criminal case and before it is recorded, the jury may be polled, on the ...

Article 2 County Jury Commissions.

Section 12-16-30 Establishment
There shall be a jury commission in every county in this state. ...
Section 12-16-31 Composition; qualifications of members; members may not hold other offices or perform other public duties under federal, state, etc., governments for compensation
Each of said jury commissions shall be composed of three members who shall be qualified electors of the county in which they are appointed ...
Section 12-16-32 Appointment and term of office of members
The Governor shall appoint the members of the several jury commissions who shall constitute said several commissions during the Governor's tenure of office and ...
Section 12-16-33 President of commission; quorum; members to take oath of office and be commissioned prior to entering upon discharge of duties
The members of the jury commission shall elect one of their number president of the commission. Any two members of the commission shall be ...
Section 12-16-34 Compensation of members
(a) Upon written order of the presiding circuit judge or his designee, the jury commission shall meet on such days as are required to ...
Section 12-16-35 Disqualification of member and appointment of successor; filling of vacancies generally
(a) Should any member of the commission become disqualified under the provisions of this article, the fact of such disqualification and the ground or ...
Section 12-16-36 Appointment of persons to act as members of commission in event of absence from state, sickness, etc., of two members
In the event that two members of the jury commission are absent from the state, sick or for any reason cannot discharge the duties ...
Section 12-16-37 Clerks of commissions - Authority for employment; compensation; clerical assistance
(a) The clerk of the circuit court in counties having a population of 60,000 or less according to the last federal census preceding his ...
Section 12-16-38 Clerks of commissions - Oath of office
Every clerk of a jury commission, before entering upon the discharge of his duties under this article, must take and subscribe the oath of ...
Section 12-16-39 Clerks of commissions - Duties
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978. ...
Section 12-16-40 Clerks of commissions - Clerks to devote such time as required by commissions to performance of duties; clerks not to be paid for Sundays; discharge of clerks
The clerk of the jury commission shall give such time to the performance of his duties as may be required by the jury commission ...
Section 12-16-41 Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978. ...
Section 12-16-42 Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978. ...
Section 12-16-43 Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978. ...
Section 12-16-44 Preparation, etc., of separate jury rolls and boxes for courts of territorial subdivisions of counties
Whenever a court requiring grand and petit juries or petit juries is established for and held in a territorial subdivision of the county, the ...
Section 12-16-45 Notification of commission as to necessity to refill jury box; emptying and refilling of box by circuit court judge
Whenever it shall appear to the judge of the circuit court that the jury box is so nearly exhausted as to require refilling, he ...
Section 12-16-46 Certification of new jury roll and refilling of jury box by commission
Whenever the names in the jury box are exhausted or so far depleted that they will probably be exhausted at the next drawing of ...
Section 12-16-47 Certification to commission by court clerks of names of persons empaneled on juries; entry of notation on jury roll by clerk of commission
The clerks of the several courts in which juries are empaneled shall, from time to time as the juries are empaneled, certify to the ...
Section 12-16-48 Certification to commission by court clerks of names of persons found disqualified or exempt from jury service; entry of notation on jury roll by clerk of commission
The clerks of the several courts shall also certify to the jury commission the names of all persons who have been found by the ...
Section 12-16-49 Taxing of cost of summoning, etc., unqualified person on jury roll against clerk or members of commission
Whenever it appears to the court that a person's name has been placed upon a jury roll who did not, at the time he ...
Section 12-16-50 Probate judge to purchase supplies for commission
The probate judge of every county shall, upon the request of the president of the commission, purchase the necessary books in which to keep ...
Section 12-16-51 Failure of clerk or member of commission to perform duty imposed by article; failure of person to attend or testify before commission
Any member of a jury commission or clerk thereof who neglects to perform any duty imposed upon him by this article or any person ...

Article 2A Qualifications and Selection of Jurors Generally.

Section 12-16-55 Declaration of policy
It is the policy of this state that all persons selected for jury service be selected at random from a fair cross section of ...
Section 12-16-56 Discrimination prohibited
A citizen shall not be excluded from jury service in this state on account of race, color, religion, sex, national origin or economic status. ...
Section 12-16-57 Master list
(a) The jury commission for each county shall compile and maintain an alphabetical master list of all persons in the county who may be ...
Section 12-16-58 Placement of names of prospective jurors in master jury box
(a) The name or identifying number of every prospective juror whose name is drawn from the master list pursuant to subsection (b) shall be ...
Section 12-16-59 Drawings from master jury box; preparation and contents of juror qualification forms; completion of qualification forms by prospective jurors; misrepresentation of material facts on qualification forms
(a) From time to time and in a manner prescribed by the circuit court, the jury commission shall publicly draw at random from the ...
Section 12-16-60 Qualifications of jurors
(a) A prospective juror is qualified to serve on a jury if the juror is generally reputed to be honest and intelligent and is ...
Section 12-16-61 Trial court jury box
The jury commission shall maintain a trial court jury box and shall place therein the names or identifying numbers of all prospective jurors drawn ...
Section 12-16-62 No exemptions from jury service
No qualified prospective juror is exempt from jury service. ...
Section 12-16-63 Excusing prospective jurors from service
(a) The court, upon the request of a prospective juror pursuant to this section, shall determine on the basis of information provided during an ...
Section 12-16-63.1 Request for postponement of service
(a) Individuals scheduled to appear for jury service have the right to postpone the date of their initial appearance for jury service one time ...
Section 12-16-64 Preservation of records
All records and papers compiled and maintained by the jury commission in connection with the selection and service of jurors shall be preserved by ...

Article 3 Drawing, Summoning, Empaneling, etc., of Grand and Petit JuriesGenerally.

Section 12-16-70 Names of prospective jurors provided from master jury list; preparation of list; summons
When jurors, grand or petit, are needed for court, the judge, or where there are more than one, then any one of the judges ...
Section 12-16-72 When juries for next session of court drawn by presiding judge
If for any reason the judge of the court fails to draw the juries as required in Section 12-16-70 before the 20 days mentioned ...
Section 12-16-73 Execution and return of order to summon jurors by sheriff
(a) Every order to summon jurors, except as otherwise provided in this article, shall be executed by the sheriff by either of the following ...
Section 12-16-74 Hearing of excuses, claims of exemptions, etc.; drawing, swearing and empaneling of grand and petit jurors
The court shall require the names to be called from the venire list of all persons who have been served with a summons to ...
Section 12-16-75 Duration of service; summons for subsequent service
(a) Once selected, a juror shall serve on the jury for the duration of the trial unless excused by the presiding judge. (b) A ...
Section 12-16-76 Insufficient number of qualified jurors to form juries
Whenever there are not enough qualified jurors in attendance upon the court to form the juries required, the judge of the court shall cause ...
Section 12-16-78 Drawing of names from jury box for juries in probate court; summoning and drawing of jurors; certification to jury commission of names of persons disqualified, exempt and empaneled
Whenever a jury is required to try any issue in a probate court of the county, other than inquisition proceedings regarding mental illness, the ...
Section 12-16-80 Objections which may be taken to venire of jurors
No objection can be taken to any venire of jurors except for fraud in drawing or summoning the jurors. ...
Section 12-16-81 Failure of sheriff to summon juror drawn, failure of juror summoned to attend trial, etc., not grounds for quashing venire or continuing case
If the sheriff fails to summon any jurors drawn or any person summoned fails or refuses to attend the trial or there is any ...
Section 12-16-82 Effect of failure of person summoned as juror to obey summons
If any person summoned as a grand or petit juror shall fail to obey such summons without good excuse, to be determined by the ...
Section 12-16-83 Unlawfully placing in or withdrawing names from jury box, destruction, etc., of jury box, etc
Any person who shall unlawfully place in or withdraw from the jury box any name or names of persons or destroy, conceal or remove ...
Section 12-16-85 Attempting to influence jury commissioner or other officer selecting, drawing, summoning, etc., jurors or juries
Any person who attempts, otherwise than by bribery, to influence any jury commissioner or any other officer charged with the execution of any duty ...
Section 12-16-86 Performance of act with intent to affect fair drawing of jury by probate judge, jury commissioner, county commissioner, etc
Any person who does an act calculated to affect the fair drawing of a jury and with intent to affect the same shall, on ...
Section 12-16-87 Summoning of persons for jury by sheriff, etc., with intent to produce result favorable to party in action before court
Any sheriff or other officer having a discretion in summoning jurors who summons any person with intent to produce a result favorable to any ...
Section 12-16-88 Connivance by sheriff at commission by constable, deputy, etc., of offense prohibited by Section 12-16-87
Any sheriff who connives at the commission of the offense prohibited by Section 12-16-87 by any constable, bailiff or deputy sheriff shall, on conviction, ...
Section 12-16-89 Negligent failure of sheriff or deputy to summon juror
If the sheriff or any deputy shall negligently fail to summon any person to serve as a juror whom he is commanded to summon, ...
Section 12-16-90 Provisions of article as to selection, drawing, summoning, etc., of jurors directory; powers, etc., of jurors selected, drawn, summoned, etc., under article
(a) The provisions of this article as to the selection, drawing, summoning or empaneling of jurors are directory merely and not mandatory. (b) The ...

Article 4 Drawing, Summoning, Empaneling, etc., of Juries in Criminal=nlCases Generally.

Division 1 General Provisions.

Section 12-16-100 Drawing, selection, and empaneling of juries in criminal cases - Generally
(a) In every criminal case the jury shall be drawn, selected and empaneled as follows: Upon the trial by jury in the circuit courts ...
Section 12-16-101 Drawing, selection, and empaneling of juries in criminal cases - Where two or more persons tried jointly
In case two or more persons are tried jointly, the district attorney shall strike one, and each defendant shall have the right to strike ...

Division 2 Capital Cases.

Article 5 Selection of Juries in Civil Actions.

Section 12-16-140 Procedure generally
In all civil actions triable by jury, either party may demand a struck jury and must thereupon be furnished by the clerk with a ...

Article 5A Alternate Plan and Procedure for Qualification, Selection, Drawing,Summoning and Empaneling of Juries.

Section 12-16-145 Alternate juror selection and qualification plan; master list; random selection; disqualification
Notwithstanding any provision of Title 12, Chapter 16, the presiding circuit judge, with the consent of the circuit judges of the court, may elect ...
Section 12-16-146 Use of mechanical or electronic data processing equipment for selecting, qualifying, etc., juries
Any of the procedures established in Title 12, Chapter 16, governing the selecting, qualifying, drawing, summoning, and empaneling of juries (including but not limited ...

Article 6 Challenges of Jurors.

Section 12-16-150 Challenges of jurors for cause - Grounds generally
It is good ground for challenge of a juror by either party: (1) That the person has not been a resident householder or freeholder ...
Section 12-16-151 Challenges of jurors for cause - Manner of proof
Of the causes of challenge specified in Section 12-16-150, the first four may be proved by the oath of the person summoned or by ...
Section 12-16-152 Challenges of jurors for cause - Additional grounds for challenge by state in certain cases
On the trial for any offense which may be punished capitally or by imprisonment in the penitentiary, it is a good cause of challenge ...

Article 7 Oaths of Jurors.

Section 12-16-170 Petit jurors
The following oath shall be administered by the clerk, in the presence of the court, to each of the petit jurors: "You do solemnly ...
Section 12-16-171 Grand jury foreman
The following oath shall be administered to the foreman of the grand jury: "You, as foreman of the grand jury of _____ county, do ...
Section 12-16-172 Grand jurors
After the oath prescribed in Section 12-16-171 has been administered to the foreman, the following oath shall be administered to the other grand jurors: ...
Section 12-16-173 Reversal of criminal cases appealed to Court of Criminal Appeals on ground of defect in administration of oath to grand or petit juries
No criminal case taken by appeal to the Court of Criminal Appeals shall be reversed because of any defect in the administration of the ...

Article 8 Empaneling, Proceedings, etc., of Grand Juries.

Division 1 General Provisions.

Section 12-16-190 Empaneling of grand juries generally; recessing and reassembling of grand juries
(a) There shall be empaneled in every county having less than 50,000 population not less than two grand juries in every year; and, when ...
Section 12-16-191 Duty of grand juries as to inspection of county jail, etc
It shall be the duty of the grand jury to make a personal inspection of the condition of the county jail in regard to ...
Section 12-16-192 Examination of county treasury and bonds of county officers, inquiry into indictable offenses committed or triable within county, etc
It shall be the duty of the grand jury to examine into the condition of the county treasury and the bonds of all county ...
Section 12-16-193 Sheriff to deliver book of accounts with state for feeding of prisoners to grand jury for examination as to correctness of accounts
It shall be the duty of the sheriff to deliver the book in which he enters his accounts with the state for feeding prisoners ...
Section 12-16-194 Examination of fee book of probate judge by district attorney and grand jury
It shall be the duty of the district attorney and grand jury at every session of the circuit court to examine the fee book ...
Section 12-16-195 Examination of books and papers of county superintendent of education by district attorney and grand jury
It shall be the duty of the district attorney and the grand jury at every session of the circuit court to examine the books ...
Section 12-16-196 District attorney and grand jury entitled to free access to county jail and office of county treasurer and to examination of records and papers in county offices
The district attorney and the grand jury shall be entitled to free access, at all proper hours, to the county jail, to the office ...
Section 12-16-197 Issuance of subpoenas for witnesses for grand jury generally; proceedings upon failure of witnesses summoned to attend
The district attorney, the foreman of the grand jury or the clerk of the court, on the application of the grand jury, must issue ...
Section 12-16-198 Issuance of subpoenas for witnesses by district attorneys
District attorneys shall have authority, and it shall be their duty, to issue a subpoena for any person whom they may desire to appear ...
Section 12-16-199 Administration of oath to witnesses; preparation by foreman and disposition of book and list of witnesses summoned before and attending grand jury; issuance of certificates to witnesses by foreman
Witnesses before the grand jury may be sworn by the district attorney or foreman. A list of all witnesses summoned and in attendance before ...
Section 12-16-200 Evidence which may be received by grand jury; examination, etc., of witnesses
In the investigation of a charge for any indictable offense, the grand jury can receive no other evidence than is given by witnesses before ...
Section 12-16-201 When grand jurors may be required to disclose testimony of witnesses
A grand juror may be required by any court to disclose the testimony of any witness examined before the grand jury for the purpose ...
Section 12-16-202 Charging of grand jury
(a) The judges of the several courts in this state in which grand juries are organized and empaneled shall give a special charge to ...
Section 12-16-203 Finding of indictments for misdemeanors generally
The grand jury shall not be bound to find an indictment for any misdemeanor, where no prosecutor appears, unless 12 of their number think ...
Section 12-16-204 Concurrence of 12 jurors required for finding of indictment; endorsement and signature of indictment generally
The concurrence of at least 12 grand jurors is necessary to find an indictment, and when so found it must be endorsed "a true ...
Section 12-16-205 Endorsement of prosecutor's name on indictment; endorsement on indictment where no prosecutor appears
If a prosecutor appears, his name must be endorsed by the foreman on the indictment; and, if no prosecutor appears, the words "no prosecutor" ...
Section 12-16-206 Duty of grand juror to disclose to fellow jurors public offense of which he has knowledge, etc
If any grand juror knows or has reason to believe that a public offense has been committed which may be indicted and tried in ...
Section 12-16-207 Grand juror not to participate, etc., in deliberations as to offenses committed against his person or property, etc.; supplying of deficiency in number of grand jurors resulting therefrom
(a) A grand juror must not be present at or take any part in the deliberations of his fellow jurors respecting any public offense ...
Section 12-16-208 Replacement of foreman
If the foreman of a grand jury is discharged or excused for any cause after the jury is sworn or charged, the court may ...
Section 12-16-209 Attendance and duties of district attorney before grand jury generally; district attorney not to be present at expression of opinions or giving of votes by grand jury
The district attorney must attend before the grand jury when required by them, and he may do so whenever he sees fit for the ...
Section 12-16-210 Disclosure of indictment by district attorney, grand juror, etc., prior to arrest, etc., of person indicted
Any judge, district attorney, clerk or other officer of court or grand juror who discloses the fact that an indictment has been found before ...
Section 12-16-211 Disclosure of testimony before grand jury by witness prior to arrest, etc., of person indicted
Any person who, having been a witness before the grand jury, discloses the name of the person about whom he testified or any of ...
Section 12-16-212 Examination of witnesses before grand jury in gaming and lottery cases
Witnesses before the grand jury, summoned to give evidence of any violation of the laws against gaming or lotteries, may be required to answer ...
Section 12-16-213 Refusal of witness to testify before grand jury as to gaming or lottery
Any person who is summoned as a witness before the grand jury to answer as to any gaming or lottery within his knowledge and ...

Division 2 Secret Grand Jury Proceedings.

Section 12-16-214 Legislative findings; desirability of secrecy
The Legislature hereby finds, declares and determines that it is essential to the fair and impartial administration of justice that all grand jury proceedings ...
Section 12-16-215 Grand juror, witness, etc., prohibited from revealing, disclosing, etc., a juror's questions, considerations, etc.; no person to directly, indirectly, etc., by any means obtain information as to juror's questions, considerations, etc
No past or present grand juror, past or present grand jury witness or grand jury reporter or stenographer shall willfully at any time directly ...
Section 12-16-216 Grand juror, witness, etc., prohibited from revealing, disclosing, etc., form, nature, etc., of physical evidence or questions asked; no person to directly, indirectly, etc., by any means, obtain information as to physical evidence or questions asked; exception as to state prosecutions
No past or present grand juror, past or present grand jury witness or grand jury reporter or stenographer shall willfully at any time, directly ...
Section 12-16-217 No person to prevent testimony or to induce to withhold or give false testimony
No person shall willfully by any means whatever, directly or indirectly, conditionally or unconditionally, obstruct, impede or prevent or attempt or endeavor to obstruct, ...
Section 12-16-218 Damage to participant's property or person prohibited
No person shall injure or endeavor to injure the property or person of any grand juror, witness, prosecutor, judicial officer, or grand jury reporter ...
Section 12-16-219 Oath of secrecy; effect of refusal
Any prosecutor, grand jury foreman, or circuit court may require all persons testifying in or before a grand jury to submit to an oath ...
Section 12-16-220 Evidence, other than juror's questions, considerations, etc., disclosed to district attorney's staff
Grand jury evidence other than the questions, considerations, debates, deliberations, opinions or votes of any grand juror may be disclosed by a district attorney ...
Section 12-16-221 Disclosures in aid of law enforcement investigations and in public interest
A district attorney or other prosecutor may, in his or her discretion, disclose evidence taken within or before the grand juries of such circuit ...
Section 12-16-222 Right to counsel unaffected; counsel prohibited within jury
No provision of this division shall be construed to deny a witness or criminal defendant the right to confer with or be represented by ...
Section 12-16-223 Critical reports prohibited without indictment, etc.; judge to expunge record; exception
Grand juries shall make no reports critical of any citizen of this state without returning an indictment or bill of impeachment against the same. ...
Section 12-16-224 Written reports; form
The grand juries of this state may make written reports as provided by law, however, the judges of each judicial circuit may provide by ...
Section 12-16-225 Penalties
Any person violating the provisions of Sections 12-16-215 through 12-16-218 of this division, shall be guilty of a felony and shall be punished by ...
Section 12-16-226 Conflicting laws repealed; penalties cumulative; consistent laws applicable; judges' powers
All laws or parts of laws in conflict with the provisions of this division are hereby repealed; provided, however, the criminal penalties imposed by ...

Article 9 Discharge of Jurors and Jury.

Section 12-16-230 Discharge of juror, summoning of replacement, etc., prior to retirement of jury
If, before the jury retires, one of them becomes so sick as to incapacitate him for the performance of his duty or any other ...
Section 12-16-231 Discharge of juror after retirement of jury
If after the jury retire one of them becomes so sick as to prevent the discharge of his duty or any other cause or ...
Section 12-16-232 Consent by parties to discharge of member of jury and to rendition of verdict by remaining jurors
(a) At any stage of a trial then pending, whether the jury has retired or not, the parties may unanimously consent in open court, ...
Section 12-16-233 Discharge of jury and entry of mistrial
The court or presiding judge in all cases of jury trial may discharge the jury without giving a verdict, with the consent of all ...

Resources

Alabama Codes

Title 12 - Courts

Chapter 1 - Juries