§ 16-32-109 — Selection upon challenge by litigant

(a) (1) A challenge to the use of the names selected by the circuit clerk and placed in the jury wheel or box for the drawing of trial panels from the jury wheel or box may be made only by a litigant in a particular case. (2) (A) If the trial judge sustains the challenge to the use of names in the jury wheel or box for the drawing of trial jurors, he or she shall instruct the circuit clerk to select such a number of persons as the trial judge may designate from the current voter registration list in the manner provided by § 16-32-103(a) -(d). (B) The list of persons, upon being summoned, shall constitute the panel of jurors for the trial of the cause. (3) If the panel is exhausted prior to the formation of the trial jury for any reason, the trial judge shall instruct the circuit clerk to select additional names as provided for in this section and place the additional names on the list to be summoned as special jurors in such numbers as is deemed necessary to complete the jury for the trial of the cause. (b) (1) A challenge to the jury drawn from the jury wheel or box may be made by a litigant in a particular case and shall be sustained by the court if it appears that there was a substantial irregularity in the drawing or summoning of the jury. (2) In such a case, the court shall order in open court another panel drawn for the trial of the case and other cases in which a similar challenge is sustained.

Legislative History

Amended by Act 2017, No. 600,§ 6, eff. 8/1/2017. Acts 1969, No. 568, § 23; 1975, No. 485, § 5; A.S.A. 1947, §§ 39-214.1, 39-215.