Title 12 — Title 12

Whenever the statutes or laws of this state authorize or require the jury to ascertain or determine certain facts, to make certain findings or to fix the amount of damages, the value of property or the value of the use, hire or rent of property and a jury trial is waived or the c…

Together Without Separation Overnight, Etc.; Presumption as to Separation of Jurors on Basis of Sex. Whenever a jury is, by order of the court, kept together without separation during any night or for any unusual length of time, it is the duty of the sheriff, with the approval of…

Generally. (a) In every criminal case the jury shall be drawn, selected and empaneled as follows: Upon the trial by jury in the circuit courts of any person charged with a felony, including a capital felony, a misdemeanor, or violation, the court shall require a strike list or li…

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…

The court may state to the jury the law of the case and may also state the evidence when the same is disputed, but shall not charge upon the effect of the testimony, unless required to do so by one of the parties. History: (Code 1852, §2274; Code 1867, §2678; Code 1876, §3028; Co…

The charge of the judge must be taken down by the court reporter or by some stenographer appointed by the court and reduced to writing and filed as a part of the record proper of the case, unless both parties or their counsel waive the reporting and making the charge a part of th…

Charges moved for by either party must be in writing and must be given or refused in the terms in which they are written, and it is the duty of the judge to write “given” or “refused,” as the case may be, on the document and sign his name thereto, which thereby becomes a part of …

All instruments of evidence and depositions read to the jury may be taken out by them on their retirement. History: (Code 1852, §2269; Code 1867, §2673; Code 1876, §3023; Code 1886, §2757; Code 1896, §3329; Code 1907, §5365; Code 1923, §9511; Code 1940, T. 7, §275.)

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 l…

Selection; Disqualification. Notwithstanding any provision of Title 12, Chapter 16, the presiding circuit judge, with the consent of the circuit judges of the court, may elect to utilize the following alternate juror selection and qualification plan after notice to the Administra…

Selecting, Qualifying, Etc., Juries. Any of the procedures established in Title 12, Chapter 16, governing the selecting, qualifying, drawing, summoning, and empaneling of juries (including but not limited to any one or all of the following procedures: compilation and maintenance …

When a verdict is entered in either a civil or criminal case and before it is recorded, the jury may be polled, on the requirement of either party, in which case they must be asked severally if it is their verdict; and, if any answer in the negative, the jury must be sent out for…

It is good ground for challenge of a juror by either party: (1) That the person has not been a resident householder or freeholder of the county for the last preceding six months. (2) That he is not a citizen of Alabama. (3) That he has been indicted within the last 12 months for …

Of the causes of challenge specified in Section 12-16-150, the first four may be proved by the oath of the person summoned or by other evidence, the fifth and sixth by other testimony only, the seventh by the oath of the person alone and the others as the court may direct. Histor…

State in Certain Cases. On the trial for any offense which may be punished capitally or by imprisonment in the penitentiary, it is a good cause of challenge by the state that the person would refuse to impose the death penalty regardless of the evidence produced or has a fixed op…

The following oath shall be administered by the clerk, in the presence of the court, to each of the petit jurors: “You do solemnly swear (or affirm, as the case may be) that you will well and truly try all issues which maybe submitted to you during the present session (or week, a…

The following oath shall be administered to the foreman of the grand jury: “You, as foreman of the grand jury of _____ county, do solemnly swear (or affirm as the case may be) that you will diligently inquire and true presentment make of all indictable offenses given you in charg…

After the oath prescribed in Section 12-16-171 has been administered to the foreman, the following oath shall be administered to the other grand jurors: “The same oath which your foreman has taken, on his part, you and each of you, on your respective parts, shall well and truly o…

Ground of Defect in Administration of Oath to Grand or Petit Juries. No criminal case taken by appeal to the Court of Criminal Appeals shall be reversed because of any defect in the administration of the oath to any grand or petit jury, unless the record in the case discloses the…

Grand Juries. (a) There shall be empaneled in every county having less than 50,000 population not less than two grand juries in every year; and, when they have completed their labors, in its discretion, the court may permit them to take a recess subject to the call of the judge o…

It shall be the duty of the grand jury to determine at least once annually the condition of the county jail in regard to its sufficiency for the safekeeping of prisoners and their accommodation and health and to inquire into the manner in which the same has been kept since the la…

into Indictable Offenses Committed or Triable Within County, Etc. It shall be the duty of the grand jury to examine into the condition of the county treasury and the bonds of all county officers with regard to their correctness and sufficiency and to report upon the same, to inqu…

to Grand Jury for Examination as to Correctness of Accounts. It shall be the duty of the sheriff to deliver the book in which he enters his accounts with the state for feeding prisoners to the foreman of the grand jury of the circuit court of such county upon the first day of eac…

Grand Jury. It shall be the duty of the district attorney and grand jury at every session of the circuit court to examine the fee book of the probate judge and ascertain if illegal fees have been received. History: (Code 1852, §3068; Code 1867, §3539; Code 1876, §5022; Code 1886,…

Education by District Attorney and Grand Jury. It shall be the duty of the district attorney and the grand jury at every session of the circuit court to examine the books and papers of the county superintendent of education. History: (Code 1886, §4335; Code 1896, §5031; Code 1907…

and Office of County Treasurer and to Examination of Records and Papers in County Offices. The district attorney and the grand jury shall be entitled to free access, at all proper hours, to the county jail, to the office of the county treasurer and to examination, without charge,…

Proceedings Upon Failure of Witnesses Summoned to Attend. The district attorney, the foreman of the grand jury or the clerk of the court, on the application of the grand jury, must issue subpoenas for any witnesses whom they may require to give evidence before them, and if witnes…

District attorneys shall have authority, and it shall be their duty, to issue a subpoena for any person whom they may desire to appear before the grand jury to give evidence of any violation of the law. History: (Code 1852, §85; Code 1867, §3627; Code 1876, §4215; Code 1886, §434…

Disposition of Book and List of Witnesses Summoned Before and Attending Grand Jury; Issuance of Certificates to Witnesses by Foreman. Witnesses before the grand jury may be sworn by the district attorney or foreman. A list of all witnesses summoned and in attendance before such j…

Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.

Witnesses. In the investigation of a charge for any indictable offense, the grand jury can receive no other evidence than is given by witnesses before them or furnished by legal documentary evidence, and any witness may be examined and compelled to testify as to any offense withi…

Witnesses. A grand juror may be required by any court to disclose the testimony of any witness examined before the grand jury for the purpose of ascertaining whether it is consistent with the testimony given by the witness before the court or on a charge of perjury against him. H…

(a) The judges of the several courts in this state in which grand juries are organized and empaneled shall give a special charge to the grand jury relative to the criminal laws of this state against the following offenses: laws regulating the ownership, registration and carrying …

The grand jury shall not be bound to find an indictment for any misdemeanor, where no prosecutor appears, unless 12 of their number think it necessary for the public good. History: (Code 1852, §546; Code 1867, §4096; Code 1876, §4769; Code 1886, §4352; Code 1896, §5038; Code 1907…

Endorsement and Signature of Indictment Generally. The concurrence of at least 12 grand jurors is necessary to find an indictment, and when so found it must be endorsed “a true bill” and the endorsement signed by the foreman. History: (Code 1852, §554; Code 1867, §4104; Code 1876…

Indictment Where No Prosecutor Appears. If a prosecutor appears, his name must be endorsed by the foreman on the indictment; and, if no prosecutor appears, the words “no prosecutor” must be endorsed thereon. History: (Code 1852, §555; Code 1867, §4105; Code 1876, §4778; Code 1886…

Which He Has Knowledge, Etc. If any grand juror knows or has reason to believe that a public offense has been committed which may be indicted and tried in that county, it shall be his duty to disclose the same to his fellow jurors, who must thereupon investigate it. History: (Cod…

Committed Against His Person or Property, Etc.; Supplying of Deficiency in Number of Grand Jurors Resulting Therefrom. (a) A grand juror must not be present at or take any part in the deliberations of his fellow jurors respecting any public offense with which he is charged or whi…

If the foreman of a grand jury is discharged or excused for any cause after the jury is sworn or charged, the court may appoint one of the other jurors in his place. History: (Acts 1955, No. 577, p. 1253.)

District Attorney Not to Be Present at Expression of Opinions or Giving of Votes by Grand Jury. The district attorney must attend before the grand jury when required by them, and he may do so whenever he sees fit for the purpose of examining witnesses in their presence or giving …

Arrest, Etc., of Person Indicted. Any judge, district attorney, clerk or other officer of court or grand juror who discloses the fact that an indictment has been found before the person indicted has been arrested or has given bail for his appearance to answer thereto shall, on co…

Etc., of Person Indicted. Any person who, having been a witness before the grand jury, discloses the name of the person about whom he testified or any of the facts to which he testified before the arrest of the person against whom he testified or before such person has given bail…

Cases. Witnesses before the grand jury, summoned to give evidence of any violation of the laws against gaming or lotteries, may be required to answer generally as to any such offense, within their knowledge, committed within the 12 months next preceding, without being first speci…

Lottery. Any person who is summoned as a witness before the grand jury to answer as to any gaming or lottery within his knowledge and who fails or refuses to attend and testify in obedience to such summons without a good excuse, to be determined by the court, is guilty of a conte…

The Legislature hereby finds, declares and determines that it is essential to the fair and impartial administration of justice that all grand jury proceedings be secret and that the secrecy of such proceedings remain inviolate. The provisions of this division are to be construed …

a Juror’s Questions, Considerations, Etc.; No Person to Directly, Indirectly, Etc., by Any Means Obtain Information as to Juror’s Questions, Considerations, Etc. No past or present grand juror, past or present grand jury witness or grand jury reporter or stenographer shall willfu…

Form, Nature, Etc., of Physical Evidence or Questions Asked; No Person to Directly, Indirectly, Etc., by Any Means, Obtain Information as to Physical Evidence or Questions Asked; Exception as to State Prosecutions. No past or present grand juror, past or present grand jury witnes…

Testimony. No person shall willfully by any means whatever, directly or indirectly, conditionally or unconditionally, obstruct, impede or prevent or attempt or endeavor to obstruct, impede or prevent any person summoned, subpoenaed or called to testify before any grand jury of th…

No person shall injure or endeavor to injure the property or person of any grand juror, witness, prosecutor, judicial officer, or grand jury reporter as a result of their participation in, appearance, or testimony before any duly empaneled grand jury. History: (Acts 1979, No. 79-…

Any prosecutor, grand jury foreman, or circuit court may require all persons testifying in or before a grand jury to submit to an oath or affirmation of secrecy. The failure of any witness to be so sworn shall not relieve such witness of any criminal liability imposed by this div…