2013 Code of Alabama
Title 12 - COURTS.
Chapter 16 - JURIES.
Article 1 General Provisions.
- Section 12-16-1 - When words "jury" or "juries" include court or judge.
- Section 12-16-2 - Persons exempted from jury duty.
- 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.
- Section 12-16-4 - Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
- Section 12-16-5 - Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
- Section 12-16-6 - Duty of court to ascertain qualifications before administering oath to jurors.
- 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.
- Section 12-16-8 - Employees excused from employment; compensation; postponement of service.
- Section 12-16-8.1 - Discharge of employee or adverse employee action.
- Section 12-16-9 - Separation and sequestration of jury in felony cases.
- 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.
- Section 12-16-11 - Charge of court to jury generally.
- Section 12-16-12 - When charge must be written and filed in record.
- Section 12-16-13 - Charges moved for by parties; appeals; general charges.
- Section 12-16-14 - Taking of written evidence by jury on retirement.
- Section 12-16-15 - Polling of jurors and proceedings thereupon.
Article 2 County Jury Commissions.
- Section 12-16-30 - Establishment.
- 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.
- Section 12-16-32 - Appointment and term of office of members.
- Section 12-16-33 - President of commission; quorum; members to take oath of office and be commissioned prior to entering upon discharge of duties.
- Section 12-16-34 - Compensation of members.
- Section 12-16-35 - Disqualification of member and appointment of successor; filling of vacancies generally.
- Section 12-16-36 - Appointment of persons to act as members of commission in event of absence from state, sickness, etc., of two members.
- Section 12-16-37 - Clerks of commissions - Authority for employment; compensation; clerical assistance.
- Section 12-16-38 - Clerks of commissions - Oath of office.
- Section 12-16-39 - Clerks of commissions - Duties.
- 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.
- Section 12-16-41 - Duty of jury commission as to preparation of jury roll and jury box; entry of juror's name on jury roll, etc.; scanning of registration lists, telephone directories, etc., and visiting of precincts by clerk.
- Section 12-16-42 - Preparation, maintenance, etc., of jury roll, cards and box generally.
- Section 12-16-43 - Qualifications of persons to be placed on jury roll and in jury box generally; service on juries by persons over age 65.
- Section 12-16-44 - Preparation, etc., of separate jury rolls and boxes for courts of territorial subdivisions of counties.
- Section 12-16-45 - Notification of commission as to necessity to refill jury box; emptying and refilling of box by circuit court judge.
- Section 12-16-46 - Certification of new jury roll and refilling of jury box by commission.
- 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.
- 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.
- Section 12-16-49 - Taxing of cost of summoning, etc., unqualified person on jury roll against clerk or members of commission.
- Section 12-16-50 - Probate judge to purchase supplies for commission.
- 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.
Article 2A Qualifications and Selection of Jurors Generally.
- Section 12-16-55 - Declaration of policy.
- Section 12-16-56 - Discrimination prohibited.
- Section 12-16-57 - Master list.
- Section 12-16-58 - Placement of names of prospective jurors in master jury box.
- 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.
- Section 12-16-60 - Qualifications of jurors.
- Section 12-16-61 - Trial court jury box.
- Section 12-16-62 - No exemptions from jury service.
- Section 12-16-63 - Excusing prospective jurors from service.
- Section 12-16-63.1 - Request for postponement of service.
- Section 12-16-64 - Preservation of records.
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.
- Section 12-16-72 - When juries for next session of court drawn by presiding judge.
- Section 12-16-73 - Execution and return of order to summon jurors by sheriff.
- Section 12-16-74 - Hearing of excuses, claims of exemptions, etc.; drawing, swearing and empaneling of grand and petit jurors.
- Section 12-16-75 - Duration of service; summons for subsequent service.
- Section 12-16-76 - Insufficient number of qualified jurors to form juries.
- 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.
- Section 12-16-80 - Objections which may be taken to venire of 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.
- Section 12-16-82 - Effect of failure of person summoned as juror to obey summons.
- Section 12-16-83 - Unlawfully placing in or withdrawing names from jury box, destruction, etc., of jury box, etc.
- Section 12-16-85 - Attempting to influence jury commissioner or other officer selecting, drawing, summoning, etc., jurors or juries.
- Section 12-16-86 - Performance of act with intent to affect fair drawing of jury by probate judge, jury commissioner, county commissioner, etc.
- Section 12-16-87 - Summoning of persons for jury by sheriff, etc., with intent to produce result favorable to party in action before court.
- Section 12-16-88 - Connivance by sheriff at commission by constable, deputy, etc., of offense prohibited by Section 12-16-87.
- Section 12-16-89 - Negligent failure of sheriff or deputy to summon juror.
- 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.
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.
- Section 12-16-101 - Drawing, selection, and empaneling of juries in criminal cases - Where two or more persons tried jointly.
Division 2 Capital Cases.
Article 5 Selection of Juries in Civil Actions.
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.
- Section 12-16-146 - Use of mechanical or electronic data processing equipment for selecting, qualifying, etc., juries.
Article 6 Challenges of Jurors.
- Section 12-16-150 - Challenges of jurors for cause - Grounds generally.
- Section 12-16-151 - Challenges of jurors for cause - Manner of proof.
- Section 12-16-152 - Challenges of jurors for cause - Additional grounds for challenge by state in certain cases.
Article 7 Oaths of Jurors.
- Section 12-16-170 - Petit jurors.
- Section 12-16-171 - Grand jury foreman.
- Section 12-16-172 - 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.
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.
- Section 12-16-191 - Duty of grand juries as to condition of county jail, etc.
- Section 12-16-192 - Examination of county treasury and bonds of county officers, inquiry into indictable offenses committed or triable within county, etc.
- 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.
- Section 12-16-194 - Examination of fee book of probate judge by district attorney and grand jury.
- Section 12-16-195 - Examination of books and papers of county superintendent of education by district attorney and grand jury.
- 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.
- Section 12-16-197 - Issuance of subpoenas for witnesses for grand jury generally; proceedings upon failure of witnesses summoned to attend.
- Section 12-16-198 - Issuance of subpoenas for witnesses by district attorneys.
- 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.
- Section 12-16-200 - Evidence which may be received by grand jury; examination, etc., of witnesses.
- Section 12-16-201 - When grand jurors may be required to disclose testimony of witnesses.
- Section 12-16-202 - Charging of grand jury.
- Section 12-16-203 - Finding of indictments for misdemeanors generally.
- Section 12-16-204 - Concurrence of 12 jurors required for finding of indictment; endorsement and signature of indictment generally.
- Section 12-16-205 - Endorsement of prosecutor's name on indictment; endorsement on indictment where no prosecutor appears.
- Section 12-16-206 - Duty of grand juror to disclose to fellow jurors public offense of which he has knowledge, etc.
- 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.
- Section 12-16-208 - Replacement of foreman.
- 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.
- Section 12-16-210 - Disclosure of indictment by district attorney, grand juror, etc., prior to arrest, etc., of person indicted.
- Section 12-16-211 - Disclosure of testimony before grand jury by witness prior to arrest, etc., of person indicted.
- Section 12-16-212 - Examination of witnesses before grand jury in gaming and lottery cases.
- Section 12-16-213 - Refusal of witness to testify before grand jury as to gaming or lottery.
Division 2 Secret Grand Jury Proceedings.
- Section 12-16-214 - Legislative findings; desirability of secrecy.
- 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.
- 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.
- Section 12-16-217 - No person to prevent testimony or to induce to withhold or give false testimony.
- Section 12-16-218 - Damage to participant's property or person prohibited.
- Section 12-16-219 - Oath of secrecy; effect of refusal.
- Section 12-16-220 - Evidence, other than juror's questions, considerations, etc., disclosed to district attorney's staff.
- Section 12-16-221 - Disclosures in aid of law enforcement investigations and in public interest.
- Section 12-16-222 - Right to counsel unaffected; counsel prohibited within jury.
- Section 12-16-223 - Critical reports prohibited without indictment, etc.; judge to expunge record; exception.
- Section 12-16-224 - Written reports; form.
- Section 12-16-225 - Penalties.
- Section 12-16-226 - Conflicting laws repealed; penalties cumulative; consistent laws applicable; judges' powers.
Article 9 Discharge of Jurors and Jury.
- Section 12-16-230 - Discharge of juror, summoning of replacement, etc., prior to retirement of jury.
- Section 12-16-231 - Discharge of juror after retirement of jury.
- Section 12-16-232 - Consent by parties to discharge of member of jury and to rendition of verdict by remaining jurors.
- Section 12-16-233 - Discharge of jury and entry of mistrial.
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