Published: 2015

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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Section 12-16-4 Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.

Section 12-16-5 Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.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.

Section 12-16-140 Procedure generally.

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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