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12-16-63
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...
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15-15-24
Section 15-15-24 Determination of degree of offense and fixing of punishment; when jury impaneled.
(a) If a defendant upon arraignment or prior to trial pleads guilty, the court, without the
intervention of a jury, shall determine the degree of the offense and fix the punishment therefor
the same as a jury might fix or impose it if the case were being tried by a jury, unless,
in the discretion of the trial judge, a jury should be impaneled to determine the degree of
the offense or to fix the punishment therefor or unless the defendant at the time of entering
such plea demands a jury in writing. The court shall not in any event, however, impose capital
punishment without the intervention of a jury. (b) Whenever, in the discretion of the trial
judge, a jury should be impaneled or a jury is demanded, in the manner and at the time prescribed
in subsection (a) of this section, no special venire need be drawn, but the court must cause
the punishment to be determined by a jury, except where...
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45-27-80.60
Section 45-27-80.60 Excusal of jurors. In all capital cases where trial by jury is held before
the circuit court in the Twenty-first Judicial Circuit of Alabama, the judge presiding over
the empanelment of the jury venire in the capital case is authorized to excuse any prospective
juror outside the presence of the defendant provided the juror has a legal excuse for being
excused and it shall be within the discretion of the judge to determine whether the prospective
juror's excuse is legal; provided that in no case shall there be a smaller number of jurors
to select from in the capital case than provided by statutes not in force and effect. (Act
80-712, p. 1446, §1.)...
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12-16-57
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...
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15-19-1
Section 15-19-1 Investigation and examination by court to determine how tried; consent of minor
to trial without jury; arraignment as youthful offender; notice and hearing. (a) A person
charged with a crime which was committed in his or her minority but was not disposed of in
juvenile court and which involves moral turpitude or is subject to a sentence of commitment
for one year or more shall, and, if charged with a lesser crime may be investigated and examined
by the court to determine whether he or she should be tried as a youthful offender, provided
he or she consents to such examination and to trial without a jury where trial by jury would
otherwise be available to the defendant. If the defendant consents and the court so decides,
no further action shall be taken on the indictment or information unless otherwise ordered
by the court as provided in subsection (b). (b) After such investigation and examination,
the court, in its discretion, may direct that the defendant be arraigned...
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12-16-64
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.)...
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12-16-70
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...
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12-16-76
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...
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43-8-192
Section 43-8-192 Drawing and summoning of jurors; penalty for default. (a) The jury for the
trial of such contest must be drawn and summoned as provided by law. (b) Any person summoned
as a juror who shall, without legal cause or good excuse, fail to attend at the time and place
required, shall be guilty of a contempt of court and may be punished by the court by a fine
of not exceeding $100.00. (Code 1852, §§1637-1639; Code 1867, §§1956-1958; Code 1876,
§§2320-2322; Code 1886, §§1991, 1992; Code 1896, §§4289, 4290; Code 1907, §§6198,
6199; Acts 1909, No. 227, p. 305; Code 1923, §§10627, 10628; Code 1940, T. 61, §§54, 55;
Code 1975, §43-1-72.)...
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12-11A-4
Section 12-11A-4 Trial without jury; powers of private judge; immunity; procedures. (a) A trial
conducted by a private judge shall be conducted without a jury. (b) A person who serves as
a private judge has, for each case the private judge hears, the same powers as the judge of
a circuit court in relation to the following: (1) Court procedure. (2) Deciding the outcome
of the case. (3) Attendance of witnesses. (4) Punishment of contempt. (5) Enforcement of orders.
(6) Administering oaths. (7) Giving all necessary certificates for the authentication of the
records and proceedings. (c) A person appointed as a private judge pursuant to the terms of
this chapter shall have immunity in the same manner and to the same extent as a judge in the
State of Alabama. (d) All proceedings in an action heard by a private judge are of record
and must be: (1) Filed with the clerk of the circuit court in the county of proper venue under
the Alabama Rules of Civil Procedure. (2) Made available to the...
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