Drawing, summoning, and qualifying the venire

(a) DRAWING THE VENIRE. Jurors shall be drawn and selected as provided in Title 12, Chapter 16, Ala.Code 1975. (b) SUMMONING THE VENIRE. The clerk shall compile or have compiled under the clerk’s direction a list of the jurors so selected, including their names and addresses, and may include such other information as the clerk may have obtained. If the jurors are drawn as provided for by § 12-16-70, the clerk shall prepare or cause to be prepared a summons for each juror, and shall mail or deliver the summonses and the list of jurors to the sheriff, who shall thereupon serve each juror in the manner prescribed by law. If the jurors are drawn as authorized by §§ 12-16-145 and 12-16-146, the list shall be prepared and the summonses mailed as authorized by § 12-16-145. In addition to other necessary information, the summons in either case may contain an admonition to the juror that it is improper for the juror to discuss with anyone any matter which is or might be pending before the court, and that the juror is to report immediately to the circuit judge any attempt, direct or indirect, whether intentional or otherwise, by any person to communicate with the juror concerning any matter which is or might be pending before the court or to solicit from the juror any information concerning the juror, his or her background, or his or her opinions or attitudes; provided, however, that the court may include, or cause to be included for completion and return to the court, a juror questionnaire, which would furnish the court with information about the individual juror. (c) QUALIFYING THE VENIRE. On the opening day of the term, or on such other day as the venire shall have been summoned to appear, the judge presiding shall proceed to organize the court, by: (1) Determining which jurors are present; (2) Administering or causing to be administered to the jurors the following oath as required by law; “Do you and each of you solemnly swear or affirm that you will well and truly answer all questions propounded to you touching your general qualifications as a juror, or qualifications as a grand juror or petit juror, and that you will well and truly try all issues and execute all writs of inquiry submitted to you and true verdicts render according to the law and evidence, so help you God?” and, (3) Inquiring of the jurors as to their qualifications in general, considering any excuse or postponement from service for the term, and excusing from service those jurors who are disqualified or who are entitled to be excused. (d) DEFERMENT OF SERVICE. The court may, in its discretion, defer the service of any juror to a later date if the juror is unable to serve at the session for which the juror was summoned. (e) THE VENIRE. Those persons qualified, and whose service is not excused or postponed shall become the venire from which grand or petit juries are chosen. Committee Comments