Title 15 — Courts

As used in this chapter, the term: (1) ‘‘Array’’ means the body of persons subject to voir dire from which the final jury and alternate jurors are selected. (2) ‘‘Choose’’ or ‘‘chosen’’ means the act of randomly selecting potential jurors from the county master jury list in a man…

(a)(1) Any person who shows that he or she will be engaged during his or her term of jury duty as a trial or grand juror in work necessary to the public health, safety, or good order or who shows other good cause why he or she should be exempt from jury duty may have his or her j…

This part shall apply only to grand juries of counties and consolidated city-county governments of this state having a population of 70,000 or more according to the United States decennial census of 1970 or any future such census. Except as otherwise provided by this part, the la…

Reserved. Repealed by Ga. L. 2011, p. 59, § 1-38/HB 415, effective July 1, 2012. Editor’s notes. — This Code section was based on Orig. Code 1863, § 3837; Code 1868, § 3859; Ga. L. 1869, p. 139, § 1; Code 1873, § 3931; Ga. L. 1878-79, p. 27, § 1; Code 1882, § 3931; Penal Code 189…

On and after July 1, 2012, trial juries shall be chosen from a county master jury list. The presiding judge shall order the clerk to choose the number of jurors necessary to conduct the business of the court. The clerk shall choose the names of persons to serve as trial jurors fo…

Reserved. Repealed by Ga. L. 2011, p. 59, § 1-40/HB 415, effective July 1, 2012. Editor’s notes. — This Code section was based on Ga. L. 1878-79, p. 27, § 2; Code 1882, § 3910g; Penal Code 1895, § 821; Penal Code 1910, § 822; Code 1933, § 59-702; Ga. L. 2011, p. 59, § 1-40/HB 415…

Reserved. Repealed by Ga. L. 2011, p. 59, § 1-41/HB 415, effective July 1, 2012. Editor’s notes. — This Code section was based on Ga. L. 1869, p. 139, § 8; Code 1873, § 3937; Code 1882, § 3937; Ga. L. 1884-85, p. 63, § 1; Penal Code 1895, § 863; Penal Code 1910, § 867; Code 1933,…

For the trial of misdemeanors in all courts, each party may demand a full panel of 12 competent and impartial jurors from which to select a jury. When one or more of the regular panel of trial jurors is absent or for any reason disqualified, the judge, at the request of counsel f…

Reserved. Repealed by Ga. L. 2011, p. 59, § 1-44/HB 415, effective July 1, 2012. Editor’s notes. — This Code section was based on Ga. L. 1869, p. 139, §§ 8, 17; Ga. L. 1871-72, p. 42, § 1; Code 1873, § 3935; Code 1882, § 3935; Penal Code 1895, § 859; Ga. L. 1889, p. 118, § 1; Pen…

In the examination of individual jurors by counsel for the parties in civil and criminal cases, as provided in Code Section 15-12-164, applicable to felonies, and Code Section 15-12-133, applicable to all cases, it shall be the duty of the court, upon the request of either party,…

Each panel, prior to commencing voir dire, shall take the following oath: ‘‘You shall give true answers to all questions as may be asked by the court or its authority, including all questions asked by the parties or their attorneys, concerning your qualifications as jurors in the…

State, 176 Ga. App. 32, 335 S.E.2d 150 (1985). Court may require counsel to limit interrogation to matters dealing directly with specific case to be tried. Reid v. State, 129 Ga. App. 657, 200 S.E.2d 454 (1973). Although examination of prospective jurors by counsel is very broad …

(a) All trial jurors in the courts of this state shall be disqualified to act or serve in any case or matter when such jurors are related by consanguinity or affinity to any party interested in the result of the case or matter within the sixth degree as computed according to the …

All inhabitants of a county who are competent jurors in other cases shall be competent jurors in any case in which the county is a party or is interested in its capacity as a corporation or a quasi-corporation. (Orig. Code 1863, § 463; Code 1868, § 525; Code 1873, § 491; Code 188…

Each panel of the trial jury shall take the following oath: ‘‘You shall well and truly try each case submitted to you during the present term and a true verdict give, according to the law as given you in charge and the opinion you entertain of the evidence produced to you, to the…

Clark, 206 Ga. App. 85, 424 S.E.2d 368 (1992). Other Substitution of indictment permissible. — If on a prosecution for the offense of rape, after a plea of not guilty had been entered on an indictment, and after the voir dire questions had been propounded to a panel of 12 jurors,…

The following oath shall be administered to all bailiffs on duty in any court in this state conducting a jury trial: ‘‘You shall take all juries committed to your charge to the jury room or some other private and convenient place designated by the court and you shall not allow th…

The governing authority of each county shall provide facilities for the impaneling of juries and for their deliberations. Jury deliberation rooms shall ensure the privacy of the jurors and include space, furnishings, and facilities conducive to reaching a fair verdict. The delibe…

(a) At any time during the trial of a civil or criminal case, except in capital cases, either before or during jury deliberation, the judge may, in his discretion, allow the jury to be separated and the members thereof to be dispersed under appropriate instructions. (b) Where dur…

The accused may, in writing, challenge the array for any cause going to show that it was not fairly or properly impaneled or ought not to be 141 15-12-162 put upon him. The court shall determine the sufficiency of the challenge at once. If sustained, a new panel shall be ordered;…

(a) When each juror is called, he shall be presented to the accused in such a manner that he can be distinctly seen. (b) The state or the accused may make any of the following objections to the juror: (1) That the juror is not a citizen, resident in the county; (2) That the juror…

(a) On voir dire examination in a felony trial, the jurors shall be asked the following questions: (1) ‘‘Have you, for any reason, formed and expressed any opinion in regard to the guilt or innocence of the accused?’’ If the juror answers in the negative, the question in paragrap…

Every person accused of a felony may peremptorily challenge nine of the jurors impaneled to try him or her. The state shall be allowed the same number of peremptory challenges allowed to the accused; provided, however, that in any case in which the state announces its intention t…

If a juror is found competent and is not challenged peremptorily by the state, he shall be put upon the accused. Unless he is challenged peremptorily by the accused, the juror shall be sworn to try the case. (Ga. L. 1855-56, p. 229, § 11; Code 1863, § 4571; Code 1868, § 4591; Cod…

If known to a party or his counsel, any objections to a juror for cause shall be made before the juror is sworn in the case. After a juror has 179 15-12-167 been found competent, no other or further investigation before triers or otherwise shall be had, provided that newly discov…

Whenever in the opinion of a judge of a superior court any felony trial is likely to be a protracted one, immediately after the jury has been impaneled and sworn the court shall direct the calling of one or more additional jurors to be known as ‘‘alternate jurors.’’ (Ga. L. 1957,…

Reserved. Repealed by Ga. L. 2011, p. 59, § 1-60/HB 415, effective July 1, 2012. Editor’s notes. — This Code section was based on Ga. L. 1957, p. 466, § 2; Ga. L. 1968, p. 1225, § 2; Ga. L. 2005, p. 20, § 8/HB 170; Ga. L. 2011, p. 59, § 1-60/HB 415, and was repealed on its own te…

On and after July 1, 2012, alternate jurors shall be chosen from the same county master jury list and in the same manner and have the same qualifications as the jurors already sworn. They shall be subject to the same examination and challenges. The number of alternate jurors shal…

Alternate jurors shall take the same oath as the jurors already selected. They shall be seated near the jury, with equal opportunity for seeing and hearing the proceedings, and shall attend at all times upon the trial with the jury. They shall obey all orders and admonitions of t…

If at any time, whether before or after final submission of the case to the jury, a juror dies, becomes ill, upon other good cause shown to the court is found to be unable to perform his duty, or is discharged for other legal cause, the first alternate juror shall take the place …

Any person summoned to serve as a juror in any court of this state shall be excused from such service during his attendance as a legislator in the General Assembly. (Ga. L. 1905, p. 93, § 2; Penal Code 1910, § 828; Code 1933, § 59-113.)

No person shall be allowed to serve on the trial jury of the superior court or on any trial jury in other courts for more than four weeks in any one year unless he or she is actually engaged in the trial of a case when the four weeks expire, in which case he or she shall be disch…

Exemptions from jury duty. Legislators excused. Term of service on jury. Eligibility of person to serve as a trial or grand juror. Service at next term when term not held. Fees of special criminal bailiffs. Compensation of court bailiffs and expense allowance for trial or grand j…

State, 276 Ga. 158, 575 S.E.2d 462 (2003) (decided under former O.C.G.A. § 15-12-40). Disparity met constitutional requirements. — Trial court did not err in denying the defendant’s motion to quash the indictment based on the racial composition of the grand jury list because an a…

On and after July 1, 2012, upon the request of a party or his or her attorney, the clerk shall make available for review by such persons the county master jury list. (Code 1981, § 15-12-43.1, enacted by Ga. L. 2011, p. 59, § 1-21/HB 415.) Editor’s notes. — Ga. L. 2011, p. 59, § 1…

Reserved. Repealed by Ga. L. 2011, p. 59, § 1-24/HB 415, effective July 1, 2012. Editor’s notes. — This Code section was based on Orig. Code 1863, § 3844; Code 1868, § 3864; Ga. L. 1873, p. 41, § 2; Code 1873, § 3941; Ga. L. 1880-81, p. 116, § 3; Code 1882, §§ 3941, 3941a; Penal …

Whenever a term of court is not held because of the nonattendance of the judge or for some other cause, the jurors summoned for such term of court shall serve at the next succeeding term. (Laws 1805, Cobb’s 1851 Digest, p. 550; Code 1863, § 3848; Code 1868, § 3868; Code 1873, § 3…

In all cases in the superior, state, or city courts in which services are performed by a special criminal bailiff of any of such courts, the same fees shall be charged as costs as are provided by law for similar services when performed by a sheriff. When collected, the fees shall…

(a) Any citizen of this state 18 years of age or older who has resided in the county for at least six months preceding the time of service shall be eligible and liable to serve as a grand juror. (b) Any person who holds any elective office in state or local government or who has …

Reserved. Repealed by Ga. L. 2011, p. 59, § 1-28/HB 415, effective July 1, 2012. Editor’s notes. — This Code section was based on Ga. L. 1869, p. 139, § 2; Code 1873, § 3911; Ga. L. 1874, p. 20, § 1; Code 1882, § 3911; Penal Code 1895, § 822; Penal Code 1910, § 823; Code 1933, § …

The clerk shall choose a sufficient number of persons to serve as grand jurors from the county master jury list in the same manner as trial jurors are chosen. The clerk, not less than 20 days before the commencement of each term of court at which a regular grand jury is impaneled…

In any term of court when the public interest requires it, the court, on application of the district attorney, may empanel one or more concurrent grand juries. (Ga. L. 1871-72, p. 47, § 3; Code 1873, § 3936; Code 1882, § 3936; Ga. L. 1884-85, p. 41, § 1; Penal Code 1895, § 862; P…

Reserved. Repealed by Ga. L. 2011, p. 59, § 1-31/HB 415, effective July 1, 2012. Editor’s notes. — This Code section was based on Ga. L. 1869, p. 139, § 3; Code 1873, § 3912; Code 1882, § 3912; Penal Code 1895, § 823; Penal Code 1910, § 826; Code 1933, § 59-205; Ga. L. 2011, p. 5…

Reserved. Repealed by Ga. L. 2011, p. 59, § 1-32/HB 415, effective July 1, 2012. Editor’s notes. — This Code section was based on Ga. L. 1869, p. 139, § 4; Code 1873, § 3913; Code 1882, § 3913; Penal Code 1895, § 824; Penal Code 1910, § 827; Code 1933, § 59-206; Ga. L. 1964, p. 2…

On and after July 1, 2012, the clerk shall be authorized to mail all summonses by first-class mail addressed to the prospective jurors’ most notorious places of abode at least 25 days prior to the date of the court the prospective jurors shall attend. Failure to receive the notic…

(a) Prior to empaneling, swearing, and charging the grand jury, the presiding judge and the district attorney may examine prospective grand jurors as to their qualifications to serve as provided in Code Sections 15-12-4 and 15-12-60. Such examination shall be conducted after the …

(a) The following oath shall be administered to all witnesses in criminal cases before the grand jury: ‘‘Do you solemnly swear or affirm that the evidence you shall give the grand jury on this bill of indictment or presentment shall be the truth, the whole truth, and nothing but …

The following oath shall be administered to all bailiffs attending grand juries: ‘‘You do solemnly swear that you will diligently attend the grand jury during the present term and carefully deliver to that body all such bills of indictment or other things as shall be sent to them…

All grand jurors in the courts of this state shall be disqualified to act or serve in any case or matter when such jurors are related by consanguinity or affinity to any party interested in the result of the case or matter within the sixth degree as computed according to the civi…

(a) The duties of a grand jury shall be confined to such matters and things as it is required to perform by the Constitution and laws or by order of any superior court judge of the superior court of the county. (b)(1) The grand jury shall at least once in each calendar year inspe…