Section 12-16-76

Procedure when number of qualified jurors in attendance at courtinsufficient to form juries required - Generally.

Whenever there are not enough qualified jurors in attendance upon the court to form the juries required, the judge of the court shall draw from the trial court jury box names of as many prospective jurors as he may deem 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 Section 12-16-100 in criminal cases or Section 12-16-140 in civil cases, unless the parties agree to strike from such lesser number, the court shall fill the deficiency first from the remaining available petit jurors sworn for the week. If the number of available petit jurors sworn for the week is insufficient to fill the deficiency, the remaining deficiency shall in the discretion of the court be filled by waiting until other petit jurors sworn for the week become available or by randomly drawing or causing to be drawn from the trial court jury box at least twice the number of names needed to fill the deficiency remaining. The court shall forthwith cause to be summoned all prospective jurors thus drawn in any of the manners set forth in this section. The names of those persons found competent to hear the case shall be added to the strike list in at least the number necessary to fill the deficiency.

(Acts 1909, No. 227, p. 305; Code 1923, §8627; Code 1940,T. 30, §41; Acts 1981, No. 81-788, p. 1381, §4.)