Title 12 — Title 12

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…

A citizen shall not be excluded from jury service in this state on account of race, color, religion, sex, national origin or economic status. History: (Acts 1978, No. 594, p. 712, §2.)

(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 …

(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 place…

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 by the circuit court, the jury commission shall publicly draw at random from the master jury …

Jurors. It is the duty of the court, before administering the oath prescribed by law to any grand, petit or tales jurors, to ascertain that such juror possesses the qualifications required by law, and the duty required of the court by this section shall be considered imperative. …

(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 cou…

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. History: (Ac…

[Effective until October 1, 2026.] AMENDED BY ACT 2026-529, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. No qualified prospective juror is exempt from jury service. History: (Acts 1978, No. 594, p. 712, §8.)

(a) Upon the request of a prospective juror pursuant to this section, the court 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 ser…

(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 …

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 perio…

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 controversy, he must declare it in open court during the trial; and, if during the retirement of t…

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 jur…

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 nex…

(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 re…

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 c…

(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 followin…

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 …

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 …

of Service. (a) Upon receiving a summons to report for jury duty, any employee, on the next day he or she is engaged in his or her employment, shall exhibit the summons to his or her immediate superior, and the employee shall thereupon be excused from his or her employment for th…

(a) No employer in this state may discharge any employee or subject any employee to an adverse employment action solely because he or she serves on any jury empanelled under any state or federal statute; provided, however, that the employee reports for work on his or her next reg…

No objection can be taken to any venire of jurors except for fraud in drawing or summoning the jurors. History: (Acts 1909, No. 227, p. 305; Code 1923, §8637; Code 1940, T. 30, §46.)

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 ground…

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,…

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 rem…

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 jurie…

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 …

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, b…

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. His…

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 …

In the prosecution of any felony case the trial court in its discretion may permit the jury hearing the case to separate during the pendency of the trial. The court may at any time on its own initiative or on motion of any party, require that the jury be sequestered under the cha…

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 empane…

Employees of State; Court Personnel Subject to Benefits and Regulations of Merit and Retirement Systems; Settlement of Disputes Regarding Which Persons Are Court Personnel. (a) County personnel. - All full-time county personnel, including all persons for whom funding is provided …

Reappointment of Registers Holding Office on October 10, 1975; Removal of Registers. (a) Vacancies. - When the position of register in any circuit court becomes vacant upon the death, resignation, retirement or inability of the incumbent to satisfy the conditions for reappointmen…

(a) The official bond of the register of the circuit court shall in no case be less than $5,000.00. (b) The circuit judge, whenever the public interests demand, shall require of such register an additional bond; and, on failure to give the same within the time fixed by the circui…

(a) Each register shall be compensated by the state beginning January 16, 1977. Employees in the office of a register shall be compensated by the state beginning October 1, 1977. Employees in the office of a register compensated at the expense of the individual register shall be …

The register shall keep his office at the place at which the court of which he is register is held. History: (Code 1852, §620; Code 1867, §724; Code 1876, §633; Code 1886, §735; Code 1896, §656; Code 1907, §3073; Code 1923, §6506; Code 1940, T. 13, §212.)

(a) It is the duty of the register, within his respective county: (1) To administer oaths in all cases; to issue all processes from the circuit court as to equitable cases; to make orders of publication for defendants; to grant default judgments for want of answers; to issue atta…

All answers and other papers filed in any case must be endorsed by the register with the true date on which they were filed. History: (Code 1852, §2910; Code 1867, §3361; Code 1876, §3795; Code 1886, §3454; Code 1896, §711; Code 1907, §3075; Code 1923, §6508; Code 1940, T. 13, §2…

The register has no authority to grant or dissolve injunctions. History: (Code 1852, §622; Code 1867, §732; Code 1876, §641; Code 1886, §738; Code 1896, §659; Code 1907, §3077; Code 1923, §6510; Code 1940, T. 13, §216.)

Registers shall keep general direct and reverse indexes of all record books in their offices, which must always be in good, substantial and well-bound books; but they are not required to prepare any new indexes if those already in their offices are sufficient. History: (Code 1867…

The register, deeming it necessary to recopy any books in his office in order to secure their contents from damage or loss, shall submit the same to the examination of the county commission, and the county commission, if it deems such recopy necessary, shall, upon the minutes of …

The records of the register’s office shall be free for the examination of all persons when not in use by him. History: (Code 1867, §741; Code 1876, §648; Code 1886, §745; Code 1896, §665; Code 1907, §3083; Code 1923, §6515; Code 1940, T. 13, §221.)

The register, having in his hands at the expiration of his official term any money held by him subject to the further order or judgment of any court, shall, on demand of his successor in office, pay the same to him and, upon such payment, shall be discharged from further liabilit…

The register, or the clerk if there is no register, when holding a reference by order of the circuit court or when presiding on a show cause order which by law may come before him, may punish for contempt, by fine not exceeding $10.00 and by imprisonment not exceeding two days. H…

Repealed by Acts 1977, No. 607, p. 812, §9901, as amended, effective January 1, 1980.

Division; Eligibility of Clerk or Register of Circuit Court with 23 Years of Service. (a) Any clerk or register of the circuit court, serving on October 1, 1976, or clerk elected or appointed in any county of the State of Alabama: (1) Who has served as much as five years as a cir…

Supernumerary Holds Commission. (a) Such supernumerary clerk or register of the circuit court in the various counties of the State of Alabama shall take the oath of office prescribed for clerks and registers of the circuit courts in this state. (b) If a vacancy shall occur in the…

(a) Every supernumerary official shall serve for life and shall receive an annual salary in an amount equal to 75 percent of the state salary payable to a circuit clerk on the date a circuit clerk or register becomes a supernumerary official, payable in equal installments on a tw…