reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › Section 12-16-37 - Clerks of Commissions - Authority for Employment; Compensation; Clerical Assistance.

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 election or appointment, may elect to serve as clerk of the jury commission; provided that notice of his intent to serve as clerk for the commission shall be filed in writing with the presiding circuit judge and the Administrative Director of Courts within 30 days after assuming the duties of clerk of the circuit court. Provided that the provisions of this section shall not prohibit any clerk of the circuit court who is on August 17, 1983, serving as clerk of the jury commission or clerk of any similar body established by local law to act in lieu of the jury commission, from serving as clerk of the jury commission as provided in this article, regardless of the population of their respective counties; all provisions to the contrary in subsection (b) of this section notwithstanding. Provided further that on August 17, 1983, any clerk of the circuit court who is serving as clerk of the jury commission or clerk of any similar body established by local law to act in lieu of the jury commission, shall continue to serve as clerk of the jury commission, unless and until notice of their intent not to serve in such capacity is filed with the presiding circuit judge and the Administrative Director of Courts.
(b) In counties having a population of more than 60,000 according to the last or any subsequent federal census and in all other counties where the clerk of the circuit court does not serve as clerk of the jury commission, the commission shall employ a clerk who shall serve at the pleasure of the commission subject, however, to the election of the clerk of the circuit court to serve in such capacity as provided in subsection (a) of this section.
(c) The clerk of the jury commission, whether he is the clerk of the court or not, shall be paid for his services rendered under the direction of the president of the commission, the sum of $10.00 per day while actually engaged in performing his duties. All claims for services rendered by the clerk of the jury commission shall be submitted to the Administrative Office of Courts by the president of the commission on such forms as may be prescribed by the Administrative Director of Courts. If approved, said claims shall be processed and paid by the state.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §15; Acts 1953, No. 516, p. 650, §2; Acts 1955, No. 528, p. 1175; Acts 1983, No. 83-512, p. 734, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › Section 12-16-38 - Clerks of Commissions - Oath of Office.

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 office prescribed by Section 279 of the Constitution and file the same for record in the probate office of the county.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §16.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › Section 12-16-39 - Clerks of Commissions - Duties.

Section 12-16-39
Clerks of commissions - Duties.
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › 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 12-16-40
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 but shall not be paid for Sundays.
The jury commission may at any time discharge any clerk employed by it and employ another.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §19.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › 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 12-16-41
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 April 27, 1978.
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › Section 12-16-42 - Preparation, Maintenance, etc., of Jury Roll, Cards and Box Generally.

Section 12-16-42
Preparation, maintenance, etc., of jury roll, cards and box generally.
Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › 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 12-16-43
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 April 27, 1978.
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › Section 12-16-44 - Preparation, etc., of Separate Jury Rolls and Boxes for Courts of Territorial Subdivisions of Counties.

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 jury commission shall make and keep a separate roll and make a separate box for that court and territorial subdivision, on which roll and in which box only the names of jurors residing in that territory shall be placed, which box shall be kept by the clerk of said court and the key thereof by the judge of said court, and all jurors for that court shall be drawn by the judge of said court as provided in this article from the separate jury box provided under this section and shall be summoned as provided by law for summoning jurors otherwise drawn. The names of jurors whose names are required to be placed on the roll and in the box provided for in this section shall not be placed on any other roll nor in any other box nor shall any such person be authorized or required to serve as a juror in any court outside of said territorial subdivision.
If there is more than one court requiring grand and petit juries or petit juries established for and held in such territorial subdivision of the county, all of such courts shall procure their juries from the box provided for in this section.
This section is intended to apply to any division of a court that is held in such territorial subdivision, including the probate court. It is not the object or effect of this section to repeal or affect any local law.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §25.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › Section 12-16-45 - Notification of Commission as to Necessity to Refill Jury Box; Emptying and Refilling of Box by Circuit Court Judge.

Section 12-16-45
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 shall notify the president of the jury commission, who in turn shall call together the other members of the commission and shall proceed to refill the box as provided in this chapter; provided, that the judge of the circuit court may, whenever in his discretion he deems it necessary or expedient, call the jury commission together and empty and refill the jury box of the particular county as provided in this chapter.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §22.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › Section 12-16-46 - Certification of New Jury Roll and Refilling of Jury Box by Commission.

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 jurors, the jury commission shall proceed to make and certify a new roll and deposit the names in the box in all respects as provided in this article; and, for this purpose, the jury commission shall meet whenever it is necessary and refill the jury box.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §23.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › 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 12-16-47
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 jury commission the names of all persons so empaneled, and the clerk of the commission, under the direction of the commission shall note opposite the names of such persons on the jury roll the date on which and the court in which they were empaneled.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §27.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › 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 12-16-48
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 court to be disqualified or exempt, which fact shall be noted opposite their respective names on the jury roll.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §28.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › Section 12-16-49 - Taxing of Cost of Summoning, etc., Unqualified Person on Jury Roll Against Clerk or Members of Commission.

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 was enrolled, possess the qualifications required by law, the court may, in its discretion, upon excusing the person from service, tax the cost of summoning the person and his attendance and excusing him against the clerk of the commission or against any one or more of the members.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §29.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › Section 12-16-50 - Probate Judge to Purchase Supplies for Commission.

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 the jury rolls and the record of the proceedings and the necessary cards, stationery and things of all kinds required by the commission and shall draw his warrant on the county treasury for the payment of the same.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §26.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2 - County Jury Commissions. › 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.

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 who, being duly summoned to attend before the jury commission, willfully fails to do so or attending refuses to testify shall be guilty of a misdemeanor.
(Acts 1939, No. 59, p. 86; Code 1940, T. 30, §17.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2A - Qualifications and Selection of Jurors Generally. › Section 12-16-55 - Declaration of Policy.

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 the population of the area served by the court, and that all qualified citizens have the opportunity, in accordance with this article, to be considered for jury service in this state and an obligation to serve as jurors when summoned for that purpose.
(Acts 1978, No. 594, p. 712, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2A - Qualifications and Selection of Jurors Generally. › Section 12-16-56 - Discrimination Prohibited.

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.
(Acts 1978, No. 594, p. 712, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2A - Qualifications and Selection of Jurors Generally. › Section 12-16-57 - Master List.

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 called for jury duty, with their addresses and any other necessary identifying information. This list may include all registered voters, persons holding drivers' licenses and registering motor vehicles, and may include other lists, such as lists of utility customers and persons listing property for ad valorem taxation, which will include persons whose listing will foster the policy and protect the rights provided in Sections 12-16-55 and 12-16-56. The list shall avoid duplication of names. The list shall be reviewed and corrected and new names added from time to time, but at least once every four years.
(b) Whoever has custody, possession or control of any lists used in compiling the master list shall make the list available to the jury commission for inspection, reproduction and copying at all reasonable times.
(c) The master list shall be open to the public for inspection at all reasonable times.
(Acts 1978, No. 594, p. 712, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2A - Qualifications and Selection of Jurors Generally. › Section 12-16-58 - Placement of Names of Prospective Jurors in Master Jury Box.

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 set forth on a card and placed in the master jury box as provided in this section.
(b) The number of names or identifying numbers to be placed in the master jury box shall be a minimum of 1,000 plus one percent of the total number of names on the master list. From time to time names or identifying numbers of additional prospective jurors may be placed in the master jury box as determined by the jury commission or ordered by the circuit court. The master jury box shall be emptied and refilled by December 31 of each even numbered year.
(c) The names or identifying numbers of prospective jurors which shall be placed in the master jury box shall be selected by the jury commission at random from the master list as follows:
The total number of names on the master list shall be divided by the number of names to be placed in the master jury box and the whole number next greater than the quotient shall be the key number, except that the key number shall never be less than two. A starting number for making the selection shall then be determined by a random method from the numbers one to the key number, both inclusive. The required number of names shall then be selected from the master list by taking in order the first name on the master list corresponding to the starting number and by then taking successively the names appearing on the master list at intervals equal to the key number, recommencing if necessary at the start of the list until the required number of names has been selected. Upon recommencing at the start of the list, or if additional names are subsequently selected for the master jury box, names previously selected from the master list shall be disregarded in selecting additional names.
(Acts 1978, No. 594, p. 712, §4; Acts 1978, 2nd Ex. Sess., No. 14, p. 1692, §1; Acts 1981, No. 81-788, p. 1381, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2A - Qualifications and Selection of Jurors Generally. › Section 12-16-60 - Qualifications of Jurors.

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 esteemed in the community for integrity, good character and sound judgment and also:
(1) Is a citizen of the United States, has been a resident of the county for more than 12 months and is over the age of 19 years;
(2) Is able to read, speak, understand and follow instructions given by a judge in the English language;
(3) Is capable by reason of physical and mental ability to render satisfactory jury service, and is not afflicted with any permanent disease or physical weakness whereby the juror is unfit to discharge the duties of a juror;
(4) Has not lost the right to vote by conviction for any offense involving moral turpitude.
(b) The jury commission shall determine, on the basis of information provided on the jury qualification form or interviews with the prospective juror or other competent evidence:
(1) If the prospective juror is qualified. If so, the name or identifying number of the juror shall be placed in the trial court jury box.
(2) If not, the commission shall notify the prospective juror of its decision and certify the juror's name to the court as disqualified. The juror shall have 10 days within which to appear before the court to review such decision. If the court finds such juror to be qualified, the court shall so certify to the commission. If the juror fails to appear, or the court finds such juror not qualified, the court shall so certify to the commission.
(c) In any event, the jury commission shall enter on the master list the ultimate determination of the qualification of each juror.
(Acts 1978, No. 594, p. 712, §6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2A - Qualifications and Selection of Jurors Generally. › Section 12-16-61 - Trial Court Jury Box.

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 from the master jury box who are not disqualified from which grand juries and petit juries are drawn as provided by law.
(Acts 1978, No. 594, p. 712, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2A - Qualifications and Selection of Jurors Generally. › Section 12-16-62 - No Exemptions From Jury Service.

Section 12-16-62
No exemptions from jury service.
No qualified prospective juror is exempt from jury service.
(Acts 1978, No. 594, p. 712, §8.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2A - Qualifications and Selection of Jurors Generally. › Section 12-16-63 - Excusing Prospective Jurors From 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 interview with the prospective juror or based on other competent evidence whether the prospective juror should be excused from jury service.
(b) A person who is not disqualified for jury service may apply to be excused from jury service by the court only upon a showing of undue or extreme physical or financial hardship, a mental or physical condition that incapacitates the person, or public necessity, for a period of up to 24 months, at the conclusion of which the person may be directed to reappear for jury service in accordance with the court's direction.
(1) A person asking to be excused based on undue or extreme physical or financial hardship shall take all actions necessary to have obtained a ruling on that request by no later than the date on which the individual is scheduled to appear for jury duty. Documentation of such hardship shall be provided to the court upon request.
(2) For purposes of this article, undue or extreme physical or financial hardship is limited to any of the following circumstances in which an individual would:
a. Be required to abandon a person under his or her personal care or supervision due to the impossibility of obtaining an appropriate substitute caregiver during the period of participation in the jury pool or on the jury.
b. Incur costs that would have a substantial adverse impact on the payment of the individual's necessary daily living expenses or on those for whom he or she provides the principal means of support.
c. Suffer physical hardship that would result in illness or disease.
(3) Undue or extreme physical or financial hardship does not exist solely based on the fact that a prospective juror will be required to be absent from his or her place of employment.
(c) The excusal of a person from jury service pursuant to subsection (b) shall not affect the person's right to one automatic postponement under Section 12-16-63.1.
(Acts 1978, No. 594, p. 712, §9; Act 2005-311, 1st Sp. Sess., §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2A - Qualifications and Selection of Jurors Generally. › Section 12-16-63.1 - Request for Postponement of Service.

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 only. When requested, postponements shall be granted, upon consideration of the following:
(1) The juror has not previously been granted a postponement.
(2) The prospective juror appears in person or contacts the clerk by telephone, electronic mail, or in writing to request a postponement.
(3) Prior to the grant of a postponement with the concurrence of the court, the prospective juror fixes a date certain on which he or she will appear for jury service that is not more than six months after the date on which the prospective juror originally was called to serve and on which date the court will be in session.
(b) A subsequent request to postpone jury service may be approved by a judicial officer only in the event of an extreme emergency, such as a death in the family, sudden grave illness, or a natural disaster or a national emergency in which the prospective juror is personally involved, that could not have been anticipated at the time the initial postponement was granted. Prior to the grant of a second postponement, the prospective juror shall fix a date certain on which the individual will appear for jury service within six months of the postponement on a date when the court will be in session.
(Act 2005-311, 1st Sp. Sess., §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 2A - Qualifications and Selection of Jurors Generally. › Section 12-16-64 - Preservation of Records.

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 the jury commission for four years after the master jury box used in their selection is emptied and refilled and for any longer period ordered by the court.
(Acts 1978, No. 594, p. 712, §10.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › 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 12-16-70
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 of the court, shall at a time within his or her discretion, but at least 20 days prior to the date on which the prospective jurors are to serve, draw or cause to be provided from the master jury list compiled pursuant to Rule 40, Alabama Rules of Judicial Administration, the names of prospective jurors in a number the judge deems sufficient to obtain the juries needed for the period for which the names are drawn; provided, however, if prior to the date of service, it appears that an insufficient number of prospective jurors summoned will be available to constitute the juries for the period for which they were summoned, the court shall cause the names of additional prospective jurors to be provided and to be summoned for service forthwith.
The names so provided shall be forwarded forthwith to the clerk of the court who shall retain possession thereof without disclosing to anyone the names drawn nor any list thereof. Not less than 20 days before the day the prospective jurors are to first appear in court for service as jurors, the clerk shall make a list of names drawn, showing the date on which the prospective jurors shall appear and in what court they shall serve and shall enter opposite every name the residence address, and may include, for informational purposes to counsel, the occupation of the person and his or her place of business, and the Administrative Office of Courts shall forthwith summon the persons named thereon by any means authorized by law to appear and serve as jurors. The accuracy of any information which might be furnished to counsel shall not be grounds for challenging a verdict rendered by a jury.
(Code 1907, §7248; Acts 1909, No. 227, p. 305; Code 1923, §8616; Code 1940, T. 30, §30; Acts 1981, No. 81-788, p. 1381, §2; Act 2005-311, 1st Sp. Sess., §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 3 - Drawing, Summoning, Empaneling, etc., of Grand and Petit Juriesgenerally. › Section 12-16-72 - When Juries for Next Session of Court Drawn by Presiding Judge.

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 therein, the clerk of such court shall notify the presiding judge and he shall, upon receiving such notification, immediately draw the juries for the next session of the court in the manner provided in this article.
(Acts 1909, No. 227, p. 305; Code 1923, §8618; Code 1940, T. 30, §32; Acts 1981, No. 81-788, p. 1381, §8.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 3 - Drawing, Summoning, Empaneling, etc., of Grand and Petit Juriesgenerally. › Section 12-16-73 - Execution and Return of Order to Summon Jurors by Sheriff.

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 methods at the election of the sheriff:
(1) By giving personal notice to every such person or by leaving a written notice at the place of residence of the summoned juror with some family member of the juror or with some person residing at the same residence, at least two days before the day appointed for the service of the juror in court; or
(2) By placing a written notice to a person named in the order to summon jurors in the United States mail, first class, postage prepaid and addressed to the residence of the person summoned. The envelope in which such notice is mailed shall indicate the return address of the sheriff and shall bear a proper notice that if it cannot be delivered at the indicated address it shall be returned to the sheriff. Such notice must be deposited in the United States mail not less than 15 days before the day appointed for the service of the juror in court. If such notice shall not be returned to the sheriff, the mailed notice shall be considered to be legal service. If any such mailed notice shall be returned to the sheriff more than three days before the day appointed for the service of the juror in court, then such notice may be served in the manner provided in subdivision (1) of this subsection. Any juror whose mailed notice shall be returned to the sheriff three days or less before the day appointed for the service of the juror in court shall be reported by the sheriff as "Not Found."
(b) Orders to summon jurors instanter may not be served by United States mail but shall be served in the manner provided in subdivision (1) of subsection (a) of this section.
(c) The order to summon jurors shall be returned to the clerk of the court whence it issued, with the proper return thereon, showing the manner of service by the sheriff, on or before the day appointed for appearance of the jurors.
(Acts 1909, No. 227, p. 305; Code 1923, §8619; Code 1940, T. 30, §33; Acts 1980, No. 80-640, p. 1208, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 3 - Drawing, Summoning, Empaneling, etc., of Grand and Petit Juriesgenerally. › Section 12-16-74 - Hearing of Excuses, Claims of Exemptions, etc.; Drawing, Swearing and Empaneling of Grand and Petit Jurors.

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 appear in court that day for service as jurors and whose service has not been previously excused or postponed. The court may hear any excuses not previously heard and shall pass upon the qualifications of those in attendance for grand jury service. The court may in any case, including capital cases, excuse or postpone the service of any prospective juror outside the presence of the parties and their counsel in accordance with the provisions for excusal contained in Section 12-16-63.
If a grand jury is to be empaneled, the court shall draw from the venire list on a random basis the names of 18 persons qualified and in attendance who shall be sworn and empaneled as the grand jury. If a petit jury is also to be empaneled, all qualified persons remaining whose service is not excused or postponed shall be sworn as petit jurors. If no grand jury is to be empaneled, all persons appearing who are qualified and not excused or whose service is not postponed shall be sworn as petit jurors. The court shall then cause to be randomly compiled a master strike list containing the names of all petit jurors so sworn as jurors.
(Acts 1919, No. 715, p. 1039; Code 1923, §§8622, 8623; Code 1940, T. 30, §§38, 39; Acts 1981, No. 81-788, p. 1381, §3; Act 2005-311, 1st Sp. Sess., §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 3 - Drawing, Summoning, Empaneling, etc., of Grand and Petit Juriesgenerally. › Section 12-16-75 - Duration of Service; Summons for Subsequent Service.

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 juror who has served on a petit jury in this state shall not be summoned to serve again as a petit juror in any court of this state for 24 months following the last day of service.
(Act 2005-311, 1st Sp. Sess., §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 3 - Drawing, Summoning, Empaneling, etc., of Grand and Petit Juriesgenerally. › Section 12-16-76 - Insufficient Number of Qualified Jurors to Form Juries.

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 to be provided from the master jury list names of as many prospective jurors as the judge deems necessary to complete the empaneling of all juries then required. The court shall forthwith cause to be summoned all prospective jurors thus drawn to attend court when required, and they may be summoned by personal service or by telephone. The court shall then proceed to empanel or complete the empaneling of the juries as provided in this article.
If, prior to commencement of striking, due to challenges for cause or for any other reason, the number of names on the lists from which the parties are to strike is reduced below the minimums established in Rule 18.4, Alabama Rules of Criminal Procedure, in criminal cases or Rule 47, Alabama Rules of Civil Procedure, in civil cases, unless the parties agree to strike from such lesser number, the court shall fill the deficiency first from the remaining available petit jurors sworn. If the number of available petit jurors sworn is insufficient to fill the deficiency, the remaining deficiency shall in the discretion of the court be filled by waiting until other petit jurors sworn become available or by randomly drawing or causing to be provided from the master jury list at least twice the number of names needed to fill the deficiency remaining. The court shall forthwith cause to be summoned all prospective jurors thus drawn in any of the manners set forth in this section. The names of those persons found competent to hear the case shall be added to the strike list in at least the number necessary to fill the deficiency.
(Acts 1909, No. 227, p. 305; Code 1923, §8627; Code 1940, T. 30, §41; Acts 1981, No. 81-788, p. 1381, §4; Act 2005-311, 1st Sp. Sess., §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 3 - Drawing, Summoning, Empaneling, etc., of Grand and Petit Juriesgenerally. › 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 12-16-78
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 probate judge shall procure the jury box and key thereto and shall draw from the jury box as many names as he may think necessary, in no case less than 24, and shall immediately return the key and box to the proper custodian thereof respectively. After each name is drawn, it shall not be returned to the jury box and there shall be no selection of names, and the probate judge shall make and file a record of the drawing and issue an order to the sheriff requiring him to summon the jurors, and the probate judge shall draw the juries in the manner provided by this article, and the judge shall call the names of those disqualified and exempt and those empaneled to be certified to the jury commission as required by law.
(Acts 1909, No. 227, p. 305; Code 1923, §8629; Code 1940, T. 30, §43.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 3 - Drawing, Summoning, Empaneling, etc., of Grand and Petit Juriesgenerally. › Section 12-16-80 - Objections Which May Be Taken to Venire of Jurors.

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.
(Acts 1909, No. 227, p. 305; Code 1923, §8637; Code 1940, T. 30, §46.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 3 - Drawing, Summoning, Empaneling, etc., of Grand and Petit Juriesgenerally. › 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 12-16-81
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 mistake in the name of any person drawn or summoned, none nor all of these grounds shall be sufficient to quash the venire or continue the case.
(Acts 1909, No. 227, p. 305; Code 1923, §8621; Code 1940, T. 30, §37.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 3 - Drawing, Summoning, Empaneling, etc., of Grand and Petit Juriesgenerally. › Section 12-16-82 - Effect of Failure of Person Summoned as Juror to Obey Summons.

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 court, he or she shall be deemed guilty of a contempt of court; and, if no sufficient excuse is rendered for him or her at the time of his or her default, an order shall be entered for him or her to show cause why he or she shall not be adjudged guilty of contempt and punished accordingly; and, if he or she shall fail at the next session after the service of such notice to render such excuse, he or she shall be fined by the court not more than three hundred dollars ($300) and may be imprisoned in the county jail for not more than 10 days. In courts holding sessions longer than 30 days, the order shall be made returnable 20 days after it issues, and the person in default shall have 10 days after service in which to appear and render his or her excuse.
(Code 1896, §5046; Code 1907, §7307; Code 1923, §8689; Code 1940, T. 30, §47; Act 2005-311, 1st Sp. Sess., §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 3 - Drawing, Summoning, Empaneling, etc., of Grand and Petit Juriesgenerally. › Section 12-16-83 - Unlawfully Placing in or Withdrawing Names From Jury Box, Destruction, etc., of Jury Box, Etc.

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 such jury box or place on or erase from the jury roll the name of any person or destroy, mutilate, conceal or remove such jury roll shall be guilty of a felony and, upon conviction, shall be sentenced to the penitentiary or to hard labor for the county for not less than six months nor more than two years, such period to be fixed by the court.
(Acts 1909, No. 227, p. 305; Code 1923, §4889; Code 1940, T. 30, §48.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 3 - Drawing, Summoning, Empaneling, etc., of Grand and Petit Juriesgenerally. › Section 12-16-85 - Attempting to Influence Jury Commissioner or Other Officer Selecting, Drawing, Summoning, etc., Jurors or Juries.

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 concerning the selecting, drawing, summoning, empaneling or organizing of jurors or juries shall, on conviction, be fined not more than $1,000.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than 12 months.
(Code 1886, §3922; Code 1896, §5099; Code 1907, §7479; Code 1923, §5071; Code 1940, T. 30, §50.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 3 - Drawing, Summoning, Empaneling, etc., of Grand and Petit Juriesgenerally. › Section 12-16-86 - Performance of Act With Intent to Affect Fair Drawing of Jury by Probate Judge, Jury Commissioner, County Commissioner, Etc.

Section 12-16-86
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 conviction, be fined not less than $200.00 nor more than $1,000.00 and may also be imprisoned in the county jail for not more than six months, and if such person is a probate judge, sheriff or clerk of the circuit court or jury commissioner or a member of a county commission, his office shall be thereby vacated and shall be filled as in other cases of vacancy, on such conviction's being certified to the appointing power by the presiding judge or the clerk of the court in which it is had.
(Code 1852, §543; Code 1867, §4093; Code 1876, §4766; Code 1886, §3923; Code 1896, §5100; Code 1907, §7480; Code 1923, §5072; Code 1940, T. 30, §51.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 3 - Drawing, Summoning, Empaneling, etc., of Grand and Petit Juriesgenerally. › 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 12-16-87
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 party having a case in the court in which such person is summoned shall, on conviction, be imprisoned in the penitentiary for not less than two nor more than five years.
(Code 1852, §25; Code 1867, §3565; Code 1876, §4121; Code 1886, §3924; Code 1896, §5101; Code 1907, §7468; Code 1923, §5060; Code 1940, T. 30, §34.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 3 - Drawing, Summoning, Empaneling, etc., of Grand and Petit Juriesgenerally. › Section 12-16-88 - Connivance by Sheriff at Commission by Constable, Deputy, etc., of Offense Prohibited by Section 12-16-87.

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, be imprisoned in the penitentiary for not less than two nor more than five years.
(Code 1852, §29; Code 1867, §3570; Code 1876, §4123; Code 1886, §3925; Code 1896, §5102; Code 1907, §7469; Code 1923, §5061; Code 1940, T. 30, §35.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 3 - Drawing, Summoning, Empaneling, etc., of Grand and Petit Juriesgenerally. › Section 12-16-89 - Negligent Failure of Sheriff or Deputy to Summon Juror.

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, he shall be held and deemed guilty of a contempt of court and shall be fined not more than $100.00 in every case where the person is not so served, and he may also be imprisoned in the county jail for not more than five days.
The return of any such person as "not found" shall be prima facie evidence of negligence on the part of the sheriff or deputy making the return, and he shall be punished by the court unless the court is reasonably satisfied from evidence produced that he was not negligent.
(Acts 1909, No. 227, p. 305; Code 1923, §§8620, 8621; Code 1940, T. 30, §§36, 37.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 3 - Drawing, Summoning, Empaneling, etc., of Grand and Petit Juriesgenerally. › 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.

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 jurors selected, drawn, summoned and empaneled under the provisions of this article, whether at an earlier or later day than required by this article, must and shall in all respects be deemed legal and to possess in full in every respect power to perform all of the duties belonging to grand and petit jurors.
(Acts 1909, No. 227, p. 305; Code 1923, §8636; Code 1940, T. 30, §45.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 4 - Drawing, Summoning, Empaneling, etc., of Juries in Criminal Cases Generally. › Division 1 - General Provisions. › Section 12-16-101 - Drawing, Selection, and Empaneling of Juries in Criminal Cases - Where Two or More Persons Tried Jointly.

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 off one name, and they shall continue thus to strike off names until only 12 jurors remain, and the 12 jurors thus selected shall be the jury charged with the trial of the defendants.
(Acts 1919, No. 715, p. 1039; Code 1923, §8642; Code 1940, T. 30, §61.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 16 - Juries. › Article 5 - Selection of Juries in Civil Actions. › Section 12-16-140 - Procedure Generally.

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 list of 24 jurors in attendance upon the court, from which a jury must be obtained by the parties or their attorneys alternately striking one from the list until 12 are stricken off, the party demanding the jury commencing.
The jury thus obtained must not be challenged for any cause, except bias or interest as to the particular case.
(Code 1852, §2264; Code 1867, §2668; Code 1876, §3018; Code 1886, §2752; Code 1896, §2656; Code 1907, §4635; Code 1923, §8663; Acts 1932, Ex. Sess., No. 35, p. 34; Code 1940, T. 30, §54.)