Chapter 3 · Indictment and Information
Rule 12.1. Drawing, summoning, and qualifying the venire
potential grand jurors only. Rule 12.1 reads substantially like its civil counterpart, Rule 47, A.R.Civ.P. Act No. 594, Acts of Alabama, 1978, and Act No. 81-788, Acts of Alabama, 1981, codified as Ala.Code 1975, §§ 12-16-2, 12-16-58, and 12-16-70, substantially modified prior law regarding the drawing, selecting summoning and qualifying of jurors. The list of jurors shall contain their names and addresses, and may contain other information available to the clerk. See Rule 18.2. See Ala.Code 1975, §§ 12-16-55 through -64, relating to qualifications and selection of jurors. See also Ala.Code 1975, §§ 12-16-70 through -127, and §§ 12-16-145 and 12-16-146. The term “prescribed by law” in Rule 12.1(b) has reference to Ala.Code 1975, § 12-16-73. Ala.Code 1975, § 12-16-74, directs the judge to hear all excuses not previously heard before drawing the names for the grand jury. In Crowder v. State, 27 Ala.App. 522, 524, 175 So. 330, 332 (1937), the Alabama Court of Appeals stated that, “It is the duty of the court, before administering the oath prescribed by law to any grand [or] petit … juror, 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.” The Alabama Supreme Court has observed that it is the duty of the court to hear all excuses and pass upon them. Taylor v. State, 249 Ala. 130, 30 So.2d 256 (1947). If for some reason a juror cannot presently serve, the court may defer service by that juror. If a juror is selected for service on the grand jury, he or she shall serve until the grand jury has been discharged or for the time prescribed by law. The court may supplement its instructions to the jurors by providing them with a juror handbook in a form approved by the director of the Administrative Office of Courts. Rule 12.1(b) provides that the summons may contain an admonition concerning the role of a juror. The rule also provides that the list compiled shall include the names and addresses of the jurors and may include any other information about jurors which the clerk has available. This additional information can include such things as occupation, etc.