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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...
Section 12-16-2 - Persons Exempted From Jury Duty. - Repealed by Acts 1978, No. 594, p. 712, §11, effective...
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...
Section 12-16-4 - Repealed by Acts 1978, No. 594, P. 712, &Sect;11, Effective April 27, 1978. - Repealed by Acts 1978, No. 594, p. 712, §11, effective...
Section 12-16-5 - Repealed by Acts 1978, No. 594, P. 712, &Sect;11, Effective April 27, 1978. - Repealed by Acts 1978, No. 594, p. 712, §11, effective...
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...
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...
Section 12-16-8 - Employees Excused From Employment; Compensation; Postponement of Service. - (a) Upon receiving a summons to report for jury duty,...
Section 12-16-8.1 - Discharge of Employee or Adverse Employee Action. - (a) No employer in this state may discharge any employee...
Section 12-16-9 - Separation and Sequestration of Jury in Felony Cases. - In the prosecution of any felony case the trial court...
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...
Section 12-16-11 - Charge of Court to Jury Generally. - The court may state to the jury the law of...
Section 12-16-12 - When Charge Must Be Written and Filed in Record. - The charge of the judge must be taken down by...
Section 12-16-13 - Charges Moved for by Parties; Appeals; General Charges. - Charges moved for by either party must be in writing...
Section 12-16-14 - Taking of Written Evidence by Jury on Retirement. - All instruments of evidence and depositions read to the jury...
Section 12-16-15 - Polling of Jurors and Proceedings Thereupon. - When a verdict is entered in either a civil or...
Article 2 - County Jury Commissions.
Section 12-16-30 - Establishment. - There shall be a jury commission in every county in...
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...
Section 12-16-32 - Appointment and Term of Office of Members. - The Governor shall appoint the members of the several jury...
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...
Section 12-16-34 - Compensation of Members. - (a) Upon written order of the presiding circuit judge or...
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...
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...
Section 12-16-37 - Clerks of Commissions - Authority for Employment; Compensation; Clerical Assistance. - (a) The clerk of the circuit court in counties having...
Section 12-16-38 - Clerks of Commissions - Oath of Office. - Every clerk of a jury commission, before entering upon the...
Section 12-16-39 - Clerks of Commissions - Duties. - Repealed by Acts 1978, No. 594, p. 712, §11, effective...
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...
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. - Repealed by Acts 1978, No. 594, p. 712, §11, effective...
Section 12-16-42 - Preparation, Maintenance, etc., of Jury Roll, Cards and Box Generally. - Repealed by Acts 1978, No. 594, p. 712, §11, effective...
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. - Repealed by Acts 1978, No. 594, p. 712, §11, effective...
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...
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...
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...
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...
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...
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...
Section 12-16-50 - Probate Judge to Purchase Supplies for Commission. - The probate judge of every county shall, upon the request...
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...
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...
Section 12-16-56 - Discrimination Prohibited. - A citizen shall not be excluded from jury service in...
Section 12-16-57 - Master List. - (a) The jury commission for each county shall compile and...
Section 12-16-58 - Placement of Names of Prospective Jurors in Master Jury Box. - (a) The name or identifying number of every prospective juror...
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...
Section 12-16-60 - Qualifications of Jurors. - (a) A prospective juror is qualified to serve on a...
Section 12-16-61 - Trial Court Jury Box. - The jury commission shall maintain a trial court jury box...
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...
Section 12-16-63.1 - Request for Postponement of Service. - (a) Individuals scheduled to appear for jury service have the...
Section 12-16-64 - Preservation of Records. - All records and papers compiled and maintained by the jury...
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...
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...
Section 12-16-73 - Execution and Return of Order to Summon Jurors by Sheriff. - (a) Every order to summon jurors, except as otherwise provided...
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...
Section 12-16-75 - Duration of Service; Summons for Subsequent Service. - (a) Once selected, a juror shall serve on the jury...
Section 12-16-76 - Insufficient Number of Qualified Jurors to Form Juries. - Whenever there are not enough qualified jurors in attendance upon...
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...
Section 12-16-80 - Objections Which May Be Taken to Venire of Jurors. - No objection can be taken to any 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. - If the sheriff fails to summon any jurors drawn or...
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...
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...
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...
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...
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...
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...
Section 12-16-89 - Negligent Failure of Sheriff or Deputy to Summon Juror. - If the sheriff or any deputy shall negligently fail to...
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,...
Article 4 - Drawing, Summoning, Empaneling, etc., of Juries in Criminal Cases 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,...
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...
Article 5 - Selection of Juries in Civil Actions.
Section 12-16-140 - Procedure Generally. - In all civil actions triable by jury, either party may...
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...
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,...
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...
Section 12-16-151 - Challenges of Jurors for Cause - Manner of Proof. - Of the causes of challenge specified in Section 12-16-150, the...
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...
Article 7 - Oaths of Jurors.
Section 12-16-170 - Petit Jurors. - The following oath shall be administered by the clerk, in...
Section 12-16-171 - Grand Jury Foreman. - The following oath shall be administered to the foreman of...
Section 12-16-172 - Grand Jurors. - After the oath prescribed in Section 12-16-171 has been administered...
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...
Article 8 - Empaneling, Proceedings, etc., of Grand Juries.
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...
Section 12-16-191 - Duty of Grand Juries as to Condition of County Jail, Etc. - It shall be the duty of the grand jury 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...
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...
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...
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...
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...
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...
Section 12-16-198 - Issuance of Subpoenas for Witnesses by District Attorneys. - District attorneys shall have authority, and it shall be their...
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...
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,...
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...
Section 12-16-202 - Charging of Grand Jury. - (a) The judges of the several courts in this state...
Section 12-16-203 - Finding of Indictments for Misdemeanors Generally. - The grand jury shall not be bound to find an...
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...
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...
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...
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...
Section 12-16-208 - Replacement of Foreman. - If the foreman of a grand jury is discharged or...
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...
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...
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...
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...
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...
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...
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,... - No past or present grand juror, past or present grand...
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 Evidenc... - No past or present grand juror, past or present grand...
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...
Section 12-16-218 - Damage to Participant's Property or Person Prohibited. - No person shall injure or endeavor to injure the property...
Section 12-16-219 - Oath of Secrecy; Effect of Refusal. - Any prosecutor, grand jury foreman, or circuit court may require...
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,...
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...
Section 12-16-222 - Right to Counsel Unaffected; Counsel Prohibited Within Jury. - No provision of this division shall be construed to deny...
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...
Section 12-16-224 - Written Reports; Form. - The grand juries of this state may make written reports...
Section 12-16-225 - Penalties. - Any person violating the provisions of Sections 12-16-215 through 12-16-218...
Section 12-16-226 - Conflicting Laws Repealed; Penalties Cumulative; Consistent Laws Applicable; Judges' Powers. - All laws or parts of laws in conflict with the...
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...
Section 12-16-231 - Discharge of Juror After Retirement of Jury. - If after the jury retire one of them becomes so...
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...
Section 12-16-233 - Discharge of Jury and Entry of Mistrial. - The court or presiding judge in all cases of jury...