Juries

Miss. Code Ann. tit. 13, ch. 5
in effect

Miss. Code Ann. § 13-5-1 Who are competent jurors; determination of literacy.

Every citizen not under the age of twenty-one years, who is either a qualified elector, or a resident freeholder of the county for more than one year, is able to read and write, and has not been convicted of an infamous crime, or the unlawful sale of intoxicating liquors within a period of five years and who is not a common gambler or habitual drunkard, is a competent juror. No person who is or has been within twelve months the overseer of a public road or road contractor shall, however, be competent to serve as a grand juror. The lack of any such qualifications on the part of one or more jurors shall not, however, vitiate an indictment or verdict. Moreover, no talesman or tales juror shall be qualified who has served as such talesman or tales juror in the last preceding two years, and no juror shall serve on any jury who has served as such for the last preceding two years. No juror shall serve who has a case of his own pending in that court, provided there are sufficient qualified jurors in the district, and for trial at that term. In order to determine that prospective jurors can read and write, the presiding judge shall, with the assistance of the clerk, distribute to the jury panel a form to be completed personally by each juror prior to being empaneled as follows: “1. Your name Last First Middle initial 2. Your home address 3. Your occupation 4. Your age 5. Your telephone number If none, write none 6. If you live outside the county seat, the number of miles you live from the courthouse Miles Sign your name” Click to view The judge shall personally examine the answers of each juror prior to empaneling the jury and each juror who cannot complete the above form shall be disqualified as a juror and discharged. A list of any jurors disqualified for jury duty by reason of inability to complete the form shall be kept by the circuit clerk and their names shall not be placed in the jury box thereafter until such person can qualify as above provided.

Miss. Code Ann. § 13-5-2 Public policy stated.

It is the policy of this state that all persons selected for jury service be selected at random from a fair cross section of the population of the area served by the court, and that all qualified citizens have the opportunity in accordance with this chapter to be considered for jury service in this state and an obligation to serve as jurors when summoned for that purpose. A citizen shall not be excluded from jury service in this state on account of race, color, religion, sex, national origin, or economic status.

Miss. Code Ann. § 13-5-3 Repealed.

Repealed by Laws of 1974, ch 378, § 11, eff from and after Jan. 1, 1975. [Codes, Hutchinson’s 1848, ch. 61, art. 8 (1); 1857, ch. 61, arts. 128, 135; 1871, §§ 726, 736; 1880, § 1681; 1892, § 2358; 1906, § 2688; Hemingway’s 1917, § 2180; 1930, § 2033; 1942, § 1766; Laws, 1896, ch. 84; Laws, 1938, ch. 298; Law, 1938, Ex. ch. 84; Laws, 1962, ch. 308, § 2; Laws, 1964, ch. 326; Laws, 1968, ch. 338, § 1]

Miss. Code Ann. § 13-5-4 Definitions.

As used in this chapter: “Court” means the circuit, chancery and county courts of this state and includes, when the context requires, any judge of the court. “Clerk” and “clerk of the court” means the circuit clerk of the county and any deputy clerk. “Master list” means the voter registration lists for the county. “Voter registration lists” means the official records of persons registered to vote in the county. “Jury wheel” means any physical device or electronic system for the storage of the names or identifying numbers of prospective jurors. “Jury box” means the jury wheel in which is placed the names or identifying numbers of prospective jurors whose names are drawn at random from the jury wheel and who are not disqualified. “Senior judge” means the circuit or chancery judge, as the case may be, who has the longest continuous service on the court in a particular judicial district which has more than one (1) such judge, or if the judges are equal in time of service, then the judge who has been engaged for the longest time continuously in the practice of law in this state.

Miss. Code Ann. § 13-5-5 Repealed.

Repealed by Laws of 1974, ch. 378, § 11, eff from and after Jan. 1, 1975. [Codes, 1942, § 1762-01; Laws, 1964, ch. 327, § 1]

Miss. Code Ann. § 13-5-6 Jury commission—number, appointment, terms, qualifications, and compensation of members.

A jury commission shall be established in each county to manage the jury selection process under the supervision and control of the court. The jury commission shall be composed of three (3) members who will serve a four-year term beginning on January 1, 1975, as follows: One (1) member shall be appointed by the circuit judge of said county; one (1) member shall be appointed by the chancery judge of said county; and one (1) member shall be appointed by the board of supervisors of said county. If there is more than one (1) circuit or chancery judge in a judicial district, then the senior circuit or chancery judge, as the case may be, shall make the said appointment for each county in his district. Any unexpired term shall be filled by the appropriate appointing authority who is in office at the time the vacancy occurs. A jury commissioner shall have the following qualifications: He shall be a duly qualified elector at the time of his appointment; He shall be a resident citizen in the county in which he is to serve; and He shall not be an attorney nor an elected public official. Each jury commissioner shall receive compensation at a per diem rate as provided in Section 25-3-69.

Miss. Code Ann. § 13-5-7 Repealed.

Repealed by Laws of 1974, ch. 378, § 11, eff from and after Jan. 1, 1975. [Codes, 1942, § 1762-02; Laws, 1964, ch. 327, § 2; Laws, 1968, ch. 336, § 1]

Miss. Code Ann. § 13-5-8 Master list consisting of county voter registration list to be compiled and maintained; exclusion of persons permanently excused from jury service from list; reinstatement of permanently excused persons.

In April of each year, the jury commission for each county shall compile and maintain a master list consisting of the voter registration list for the county. The circuit clerk of the county and the registrar of voters shall have the duty to certify to the commission during the month of January of each year under the seal of his office the voter registration list for the county; the list shall exclude any person who has been permanently excused from jury service pursuant to Section 13-5-23(4). Any person who has been excluded from the master list for jury service may be reinstated to the master list after one (1) year by requesting that the circuit clerk reinstate him to the master list.

Miss. Code Ann. § 13-5-9 Repealed.

Repealed by Laws of 1974, ch. 378, § 2, eff from and after Jan. 1, 1975. [Codes, 1942, § 1762-03; Laws, 1964, ch. 327, § 3; Am Laws, 1972, ch. 372, § 2]

Miss. Code Ann. § 13-5-10 Jury wheel; selection and deposit of names or identifying numbers of prospective jurors; number required; refilling.

The jury commission for each county shall maintain a jury wheel into which the commission shall place the names or identifying numbers of prospective jurors taken from the master list. If the total number of prospective jurors on the master list is one thousand (1,000) or less, the names or identifying numbers of all of them shall be placed in the jury wheel. In all other cases, the number of prospective jurors to be placed in the jury wheel shall be one thousand (1,000) plus not less than one percent (1%) of the total number of names on the master list. From time to time a larger or additional number may be determined by the jury commission or ordered by the court to be placed in the jury wheel. In April of each year, beginning in 1976, the wheel shall be emptied and refilled as prescribed in this chapter.

Miss. Code Ann. § 13-5-11 Repealed.

Repealed by Laws, 1974, ch. 378, § 11, eff from and after Jan. 1, 1975. [Codes, 1942, § 1762-04; Laws, 1964, ch. 327, § 4]

Miss. Code Ann. § 13-5-12 Jury wheel—selection and deposit of names or identifying numbers of prospective jurors—procedure where less than all names on master list used.

Unless all the names on the master list are to be placed in the jury wheel pursuant to Section 13-5-10, the names or identifying numbers of prospective jurors to be placed in the jury wheel shall be selected by the jury commission at random from the master list in the following manner: The total number of names on the master list shall be divided by the number of names to be placed in the jury wheel; the whole number nearest the quotient shall be the “key number,” except that the key number shall never be less than two (2). A “starting number” for making the selection shall then be determined by a random method from the number from one (1) to the key number, both inclusive. The required number of names shall then be selected from the master list by taking in order the first name on the master list corresponding to the starting number and then successively the names appearing in the master list at intervals equal to the key number, recommencing if necessary at the start of the list until the required number of names has been selected. The name of any person who is under the age of twenty-one (21) years and the name of any person who has been permanently excused from jury service pursuant to Section 13-5-23(4) shall be passed over without interrupting the sequence of selection. Any person who has been excluded from the master list for jury service may be reinstated to the master list after one (1) year by requesting that the circuit clerk reinstate him to the master list. Upon recommencing at the start of the list, names previously selected from the master list shall be disregarded in selecting the additional names. The jury commission may use an electronic or mechanical system or device in carrying out its duties.

Miss. Code Ann. § 13-5-13 Repealed.

Repealed by Laws, 1974, ch. 378, § 11, eff from and after Jan. 1, 1975. [Codes, 1880, § 1682; 1892, § 2359; 1906, § 2689; Hemingway’s 1917, § 2181; 1930, § 2034; 1942, § 1767]

Miss. Code Ann. § 13-5-14 List of names placed in jury wheel to be delivered to senior circuit judge—minute entry.

At any time the jury commission places names in the jury wheel, the jury commission shall also deliver to the senior circuit judge a list of all names placed on or in the jury wheel, and said circuit judge shall spread upon the minutes of the circuit court all of the names so placed in the jury wheel.

Miss. Code Ann. § 13-5-15 Repealed.

Repealed by Laws of 1974, ch. 378, § 11, eff from and after Jan. 1, 1975. [Codes, Hutchinson’s 1848, ch. 61, art. 8 (1); 1857, ch. 61, art. 135; 1871, § 736; 1880, § 1684; 1892, § 2360; 1906, § 2690; Hemingway’s 1917, § 2182; 1930, § 2035; 1942, § 1768]

Miss. Code Ann. § 13-5-16 Random drawing of names or identifying numbers of prospective jurors; alphabetical list; prohibition against disclosure of names drawn; use of computer or electronic device for random selection.

Except as otherwise provided by subsection (2) of this section, from time to time and in a manner prescribed by the court, a private citizen who does not have an interest in a case pending trial and who is not a practicing attorney publicly shall draw at random from the jury wheel the names or identifying numbers of as many prospective jurors as the court by order requires. The clerk shall prepare an alphabetical list of the names drawn. Neither the names drawn nor the list shall be disclosed to any person other than pursuant to this chapter or specific order of the court. The court may order that the drawing of names or identifying numbers pursuant to subsection (1) of this section may be performed by random selection of a computer or electronic device pursuant to such rules and regulations as may be prescribed by the court.

Miss. Code Ann. § 13-5-17 Repealed.

Repealed by Laws of 1974, ch. 378, § 11, eff from and after Jan. 1, 1975. [Codes, 1857, ch. 61, art. 139; 1871, § 740; 1880, § 1688; 1892, § 2362; 1906, § 2691; Hemingway’s 1917, § 2183; 1930, § 2036; 1942, § 1769]

Miss. Code Ann. § 13-5-18 Telephone answering device required; cost of device.

The clerk of the circuit court in each county shall purchase and install a telephone answering device for the purpose of providing a recorded message after 5:00 p.m. to jurors who have been summoned to jury duty, in order for such jurors to inquire as to whether their presence will be required in court the following day. The cost of purchasing and maintaining said telephone answering device shall be paid by the board of supervisors from the county general fund.

Miss. Code Ann. § 13-5-19 Repealed.

Repealed by Laws of 1974, ch. 378, § 11, eff from and after Jan. 1, 1975. [Codes, 1880, § 1690; 1892, § 2364; 1906, § 2693; Hemingway’s 1917, § 2185; 1930, § 2038; 1942, § 1771]

Miss. Code Ann. § 13-5-21 Jury list in counties with two circuit court districts.

In counties where there are two (2) circuit court districts, the jury commission shall make a list of jurors for each district in the manner directed for a county, and the same shall be treated in all respects as for an entire county. In such counties a juror shall not be required to serve out of his district, except should the court, in its discretion, otherwise direct, and except when drawn on a special venire. In either of such excepted cases, the jury shall be drawn from the two (2) jury boxes if the court so direct, one (1) name for each alternately.

Miss. Code Ann. § 13-5-23 Exemptions; length of service of tales and grand jurors.

All qualified persons shall be liable to serve as jurors, unless excused by the court for one (1) of the following causes: When the juror is ill and, on account of the illness, is incapable of performing jury service; When the juror’s attendance would cause undue or extreme physical or financial hardship to the prospective juror or a person under his or her care or supervision; or When the potential juror is a breast-feeding mother. An excuse of illness under subsection (1)(a) of this section may be made to the clerk of court outside of open court by providing the clerk with a certificate of a licensed physician, stating that the juror is ill and is unfit for jury service, in which case the clerk may excuse the juror. If the excuse of illness is not supported by a physician’s certificate, a judge of the court for which the individual was called to jury service shall decide whether to excuse an individual under subsection (1)(a) of this section. The test of an excuse under subsection (1)(b) of this section for undue or extreme physical or financial hardship shall be whether the individual would either: Be required to abandon a person under his or her personal care or supervision due to the impossibility of obtaining an appropriate substitute caregiver during the period of participation in the jury pool or on the jury; or Incur costs that would have a substantial adverse impact on the payment of the individual’s necessary daily living expenses or on those for whom he or she provides the principal means of support; or Suffer physical hardship that would result in illness or disease. “Undue or extreme physical or financial hardship” does not exist solely based on the fact that a prospective juror will be required to be absent from his or her place of employment or business. A judge of the court for which the individual was called to jury service shall decide whether to excuse an individual under subsection (1)(b) of this section. A person asking to be excused based on a finding of undue or extreme physical or financial hardship must 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 appear for jury duty. A person asking a judge to grant an excuse under subsection (1)(b) of this section may be required to provide the judge with documentation such as, but not limited to, federal and state income tax returns, medical statements from licensed physicians, proof of dependency or guardianship and similar documents, which the judge finds to clearly support the request to be excused.Failure to provide satisfactory documentation may result in a denial of the request to be excused. In cases under subsection (1)(c) of this section, the excuse must be made by the juror in open court under oath. A person is excused from jury service permanently only when the deciding judge determines that the underlying grounds for being excused are of a permanent nature. A person who has been summoned for jury duty who meets the age threshold for exemption from jury service shall have the option to be permanently excused from jury service due to age by filing with the circuit clerk a notarized request to be permanently excused. Grand jurors shall serve until discharged by the court.

Miss. Code Ann. § 13-5-25 Who is exempt as a personal privilege.

Every citizen over sixty-five (65) years of age, and everyone who has served as a grand juror or as a petit juror in the trial of a litigated case within two (2) years, shall be exempt from service if the juror claims the privilege.No qualified juror shall be excluded because of any such reasons, but the same shall be a personal privilege to be claimed by any person selected for jury duty.Any citizen over sixty-five (65) years of age may claim this personal privilege outside of open court by providing the clerk of court with information that allows the clerk to determine the validity of the claim. Provided, however, that no person who has served as a grand juror or as a petit juror in a trial of a litigated case in one (1) court may claim the exemption in any other court where the juror may be called to serve.

Miss. Code Ann. § 13-5-26 Jury box; deposit of names drawn from jury wheel; drawing and assignment of jurors; use of computer or electronic device for random selection.

The circuit clerk shall maintain a jury box and shall place therein the names or identifying numbers of all prospective jurors drawn from the jury wheel. A judge or any court or any other state or county official having authority to conduct a trial or hearing with a jury within the county may direct the circuit clerk to draw and assign to that court or official the number of jurors he deems necessary for one or more jury panels or as required by law for a grand jury, except as otherwise provided by subsection (3) of this section. Upon receipt of the direction, and in a manner prescribed by the court, the circuit clerk shall publicly draw at random from the jury box the number or jurors specified. The court may order that the drawing and assigning of jurors pursuant to subsection (2) of this section may be performed by random selection of a computer or electronic device pursuant to such rules and regulations as may be prescribed by the court. The jurors drawn for jury service shall be assigned at random by the clerk to each jury panel in a manner prescribed by the court.

Miss. Code Ann. § 13-5-27 Repealed.

Repealed by Laws of 1974, ch. 378, § 11, effective from and after Jan. 1, 1975. [Codes, 1892, § 2365; 1906, § 2694; Hemingway’s 1917, § 2186; 1930, § 2039; 1942, § 1772; Laws, 1938, ch. 298; 1938, Ex. ch. 84; 1960, ch. 237; Am Laws, 1972, ch. 372, § 1]

Miss. Code Ann. § 13-5-28 Summoning of person drawn for jury duty.

If a grand, petit or other jury is ordered to be drawn, the clerk thereafter shall cause each person drawn for jury service to be served with a summons, either personally or by mail, addressed to the juror at the juror’s usual residence, business or post office address, requiring the juror to report for jury service at a specified time and place.The summons shall include instructions to the potential jurors that explain, in layman’s terms, the provisions of Section 13-5-23.

Miss. Code Ann. § 13-5-29 Repealed.

Repealed by Laws of 1974, ch. 378, § 11, eff from and after Jan. 1, 1975. [Codes, 1892, § 2366; 1906, § 2695; Hemingway’s 1917, § 2187; 1930, § 2040; 1942, § 1773]

Miss. Code Ann. § 13-5-30 Summoning of jurors where there is shortage of petit jurors drawn from jury box.

If there is an unanticipated shortage of available petit jurors drawn from a jury box, the court may require the sheriff to summon a sufficient number of petit jurors selected at random by the clerk from the jury box in a manner prescribed by the court.

Miss. Code Ann. § 13-5-31 Repealed.

Repealed by Laws of 1974, ch. 378, § 11, eff from and after Jan. 1, 1975. [Codes, Hutchinson’s 1848, ch. 61, art. 8 (3); 1857, ch. 61, art. 138; 1871, § 739; 1880, § 1687; 1892, § 2367; 1906, § 2696; Hemingway’s 1917, § 2188; 1930, § 2041; 1942, § 1774]

Miss. Code Ann. § 13-5-32 Names of jurors drawn from jury box to be made public; exception.

The names of jurors drawn from the jury box shall be made available to the public unless the court determines in any instance that this information in the interest of justice should be kept confidential or its use limited in whole or in part.

Miss. Code Ann. § 13-5-33 Juror may postpone jury service one time only; conditions for postponement; extreme emergency exception.

Notwithstanding any other provisions of this chapter, individuals scheduled to appear for jury service have the right to postpone the date of their initial appearance for jury service one (1) time only. Postponements shall be granted upon request, provided that: The juror has not been granted a postponement within the past two (2) years; The prospective juror appears in person or contacts the clerk of the court by telephone, electronic mail or in writing to request a postponement; and Prior to the grant of a postponement with the concurrence of the clerk of the court, the prospective juror fixes a date certain to appear for jury service that is not more than six (6) months or two (2) terms of court after the date on which the prospective juror originally was called to serve and on which date the court will be in session, whichever is the longer period. A subsequent request to postpone jury service may be approved by a judicial officer only in the event of an extreme emergency, such as a death in the family, sudden illness, or a natural disaster or a national emergency in which the prospective juror is personally involved, that could not have been anticipated at the time the initial postponement was granted. Prior to the grant of a second postponement, the prospective juror must fix a date certain on which the individual will appear for jury service within six (6) months or two (2) terms of court after the postponement on a date when the court will be in session. The Administrative Office of Courts shall promulgate rules for the implementation of this section.

Miss. Code Ann. § 13-5-34 Punishment for failure to appear or to complete jury service.

A person summoned for jury service who fails to appear or to complete jury service as directed, and who has failed to obtain a postponement in compliance with the provisions for requesting a postponement, or who fails to appear on the date set pursuant to Section 13-5-33, may be ordered by the court to appear and show cause for failure to comply with the summons.If the juror fails to show good cause for noncompliance with the summons, the juror may be held in civil contempt of court and may be fined not more than Five Hundred Dollars ($500.00) or imprisoned not more than three (3) days, or both.The prospective juror may be excused from paying sanctions for good cause shown or in the interest of justice. In addition to, or in lieu of, the fine or imprisonment provided in subsection (1) of this section, the court may order that the prospective juror complete a period of community service for a period no less than if the prospective juror would have completed jury service, and provide proof of completion of this community service to the court.

Miss. Code Ann. § 13-5-35 Employment protections for jurors.

It shall be unlawful for any employer or any other person to persuade or attempt to persuade any juror to avoid jury service; to intimidate or to threaten any juror in that respect; or to remove or otherwise subject an employee to adverse employment action as a result of jury service if the employee notifies his or her employer that he or she has been summoned to serve as a juror within a reasonable period of time after receipt of a summons. It shall be unlawful for an employer to require or request an employee to use annual, vacation or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or time spent actually serving on a jury. Nothing in this provision shall be construed to require an employer to provide annual, vacation or sick leave to employees under the provisions of this statute who otherwise are not entitled to such benefits under company policies. Any violation of subsection (1) or (2) of this section shall be deemed an interference with the administration of justice and a contempt of court and punishable as such. A court shall automatically postpone and reschedule the service of a summoned juror employed by an employer with five (5) or fewer full-time employees, or their equivalent, if another employee of that employer has previously been summoned to appear during the same period. Such postponement will not constitute the excused individual’s right to one (1) automatic postponement under Section 13-5-33.

Miss. Code Ann. § 13-5-36 Preservation of records and papers in connection with selection and service of jurors.

All records and papers compiled and maintained by the jury commission or the clerk in connection with selection and service of jurors shall be preserved by the clerk for four (4) years after the jury wheel used in their selection is emptied and refilled, and for any longer period ordered by the court.

Miss. Code Ann. § 13-5-37 Repealed.

Repealed by Laws of 1974, ch. 378, § 11, eff from and after Jan. 1, 1975. [Codes, 1892, § 2370; 1906, § 2699; Hemingway’s 1917, § 2192; 1930, § 2045; 1942, § 1778]

Miss. Code Ann. § 13-5-38 Payment of cost of implementation of law.

In counties where the implementation of Sections 13-5-2 through 13-5-16, 13-5-21, 13-5-26 through 13-5-38, and 13-5-41, requires additional clerical or other personnel, the board of supervisors, in its discretion, may pay for such services out of the general county fund of the respective county.

Miss. Code Ann. § 13-5-39 Terms of grand juries limited.

Unless otherwise directed by an order of the senior circuit judge, not more than two (2) grand juries shall be drawn or impaneled during a calendar year at or for a term or terms of the circuit court in any county or judicial district of a county; provided, however, upon impanelment, a grand jury may be convened and reconvened in termtime and in vacation. It shall continue to serve from term to term until the next grand jury is impaneled, and it may return indictments to any term of court, notwithstanding that a term of court at which criminal business may be conducted shall intervene between the time the grand jury is impaneled and the time an indictment is returned.

Miss. Code Ann. § 13-5-41 Number of grand jurors.

The number of grand jurors shall not be less than fifteen (15) nor more than twenty-five (25), in the discretion of the court.

Miss. Code Ann. § 13-5-43 Impaneling as conclusive evidence of competency and qualifications.

Before swearing any grand juror as such, he shall be examined by the court, on oath, touching his qualification. After the grand jurors shall have been sworn and impaneled, no objection shall be raised, by plea or otherwise, to the grand jury, but the impaneling of the grand jury shall be conclusive evidence of its competency and qualifications. However, any party interested may challenge or except to the array for fraud.

Miss. Code Ann. § 13-5-45 Foreman to be appointed and all to be sworn.

The court shall appoint one of the grand jurors to be foreman of the grand jury, to whom the following oath shall be administered in open court, in the presence of the rest of the grand jurors, to wit: “You, as foreman of this grand inquest, shall diligently inquire into, and true presentment make, of all such matters and things as shall be given you in charge, or otherwise come to your knowledge, touching the present service. The counsel of the state, your fellows, and your own you will keep secret. You shall not present any person through malice, hatred or ill will, nor shall you leave any person unpresented through fear, favor or affection, or for any reward, hope or promise thereof, but in all your presentments, you shall present the truth, the whole truth, and nothing but the truth, to the best of your skill and understanding. So help you God.” And the following oath shall be administered to the other jurors, to wit: “The same oath that your foreman has now taken before you on his part, you, and each of you, shall well and truly observe, and keep on your respective parts. So help you God.”

Miss. Code Ann. § 13-5-47 Judge to charge the grand jury.

The judge shall charge the grand jury concerning its duties and expound the law to it as he shall deem proper, and he shall particularly charge it concerning enforcement of the following statutes: those against gambling and the unlawful selling and handling of intoxicating liquors; those relating to gambling with minors, and the giving or selling to them tobacco, narcotics, or liquors; those providing for the assessment, collection and disbursement of the public revenues, both state and county; those defining the duties of public officers; those relating to the collection and paying over of fines and forfeitures; those relating to providing fire escapes in hotels, theaters and other buildings; those relating to the management of sixteenth section school trust lands; and all such other statutes as he shall deem proper at any time. Moreover, the judge shall especially charge the grand jury with respect to the state forest fire laws as set forth in Section 95-5-25 and Section 92-17-13, and charge that the grand jury shall report to him as to the status of forest protection in the county. It shall be unlawful for the district attorney or other officer, or person, to deliver to the grand jury the charge required by this section to be delivered by the judge, but this shall not prevent the judge from having the circuit clerk read the charge proposed by the judge, to the grand jury in the presence of the judge, when, by reason of physical infirmity, the judge shall be unable to deliver his charge.

Miss. Code Ann. § 13-5-49 Repealed.

Repealed by Laws of 1973, ch. 342, § 1, eff from and after passage (approved March 22, 1973). [Codes, 1892, § 2374; 1906, § 2703; Hemingway’s 1917, § 2196; 1930, § 2049; 1942, § 1783]

Miss. Code Ann. § 13-5-51 Places of absent jurors to be filled.

If, after the grand jury has been sworn, any of the members thereof should absent themselves from any cause, or become incompetent to sit, or be excused by the court, the court shall have power to cause others to be sworn in their places.

Miss. Code Ann. § 13-5-53 Adjournment of grand jury to a day; pay in such case.

The court or judge, in its discretion, may adjourn the grand jury to a subsequent day in termtime or vacation, and the jurors shall receive pay only for the number of days they shall be actually engaged in the performance of their duties.

Miss. Code Ann. § 13-5-55 Grand jury to inspect jail; sheriff punishable.

Each grand jury which is impaneled shall make a personal inspection of the county jail, its condition, sufficiency for the safekeeping of prisoners, and their accommodation and health, and make reports thereof to the court. For any violation or neglect of duty as to the jail, the sheriff may be punished as for a misdemeanor, or may be fined as for a contempt, such not to exceed Fifty Dollars ($50.00).

Miss. Code Ann. § 13-5-57 Grand jury may examine all county offices.

The grand jury shall have free access at all proper hours to the papers, records, accounts and books of all county officers, for all examinations which, in its discretion, it may see fit to make, and may make report to the court in relation thereto.

Miss. Code Ann. § 13-5-59 Grand jury to examine tax collector’s books.

It shall be the duty of each grand jury which is impaneled to examine the tax collector’s books and his reports and settlements, and make report thereon.

Miss. Code Ann. § 13-5-61 Grand jury not to disclose secrets of jury-room.

A grand juror, except when called as a witness in court, shall not disclose any proceeding or action had by the grand jury in relation to offenses brought before it, within six (6) months after final adjournment of the grand jury upon which he served, nor shall any grand juror disclose the name or testimony of any witness who has been before the grand jury on pain of fine or imprisonment for contempt of court.

Miss. Code Ann. § 13-5-63 Witnesses before grand jury may be subpoenaed and sworn.

The foreman of the grand jury shall have power to order subpoenas for all witnesses desired to be produced, and he shall also have power to swear all witnesses. A record shall be kept by the foreman and returned to court, certified and signed by the foreman, of the names of all witnesses sworn before the grand jury.

Miss. Code Ann. § 13-5-65 Impaneling of petit juries.

After the drawing of the grand jury, the remaining jurors in attendance shall be impaneled into three petit juries for the first week of court if there be a sufficient number left, and, if not, the court may direct a sufficient number for that purpose to be drawn and summoned. If there be more than enough jurors for the three juries, or for two juries if the court shall direct only two to be impaneled, the excess may be discharged, or they may be retained, in the discretion of the court, to serve as talesmen. If so retained, they shall have the privilege of members of the regular panel, of exemption from service.

Miss. Code Ann. § 13-5-67 Impaneling of alternate jurors.

Except in cases in which jury selection and selection of alternate jurors is governed by rules promulgated by the Mississippi Supreme Court, whenever, in the opinion of a circuit judge or chancellor presiding in a case in which a jury is to be used, the trial is likely to be a protracted one, such circuit judge or chancellor, in his discretion, may direct that one (1) or two (2) jurors in addition to the regular panel be called and impaneled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges for cause, shall take the same oath and shall have the same functions, powers, facilities and privileges as the regular jurors. An alternate juror who does not replace a regular juror shall be discharged at the time the jury retires to consider its verdict. In capital cases the defendant and the state shall each be allowed two (2) peremptory challenges to alternate jurors in addition to those otherwise provided by law. In all other cases each party shall be allowed one (1) peremptory challenge to alternate jurors in addition to those otherwise provided by law. In any criminal case all peremptory challenges by the state shall be made before the alternate juror is presented to the defendant. The additional peremptory challenges provided for herein may be used against an alternate juror only, and other peremptory challenges allowed by law may not be used against an alternate juror.

Miss. Code Ann. § 13-5-69 Examination of jurors by attorneys or litigants.

Except in cases in which the examination of jurors is governed by rules promulgated by the Mississippi Supreme Court, the parties or their attorneys in all jury trials shall have the right to question jurors who are being impaneled with reference to challenges for cause, and for peremptory challenges, and it shall not be necessary to propound the questions through the presiding judge, but they may be asked by the attorneys or by litigants not represented by attorneys.

Miss. Code Ann. § 13-5-71 Oath of petit jurors.

Petit jurors shall be sworn in the following form: “You, and each of you, do solemnly swear (or affirm) that you will well and truly try all issues and execute all writs of inquiry that may be submitted to you, or left to your decision by the court, during the present term, and true verdicts give according to the evidence. So help you God.” The oath shall authorize the jury to try all issues and execute all writs of inquiry which may be submitted to it during that term of the court. Talesmen, if any be summoned or retained, shall in like manner be sworn to try all issues and execute all writs of inquiry which may be submitted to them during the day for which they are summoned or the time for which they are retained.

Miss. Code Ann. § 13-5-73 Oath of jurors and bailiffs in capital cases.

The jurors in a capital case shall be sworn to “well and truly try the issue between the state and the prisoner, and a true verdict give according to the evidence and the law.” Bailiffs may be specially sworn by the court, or under its direction, to attend on such jury and perform such duties as the court may prescribe for them.

Miss. Code Ann. § 13-5-75 Repealed.

Repealed by Laws of 1974, ch. 378, § 11. [Codes, Hutchinson’s 1848, ch. 61, art. 10 (2); 1857, ch. 61, art. 141; 1871, § 742; 1880, § 1693; 1892, § 2385; 1906, § 2714; Hemingway’s 1917, § 2207; 1930, § 2060; 1942, § 1794; Laws, 1938, ch. 304]

Miss. Code Ann. § 13-5-77 Special venire facias to issue in certain criminal cases.

When any person charged with a capital crime, or with the crime of manslaughter, shall have been arraigned and the plea of not guilty entered, the accused or the district attorney in any such case shall, upon demand, be entitled to a special venire. If at a term of court a special venire has been demanded for any case or cases, it shall be the duty of the court to cause to be drawn, in open court, from the jury box as many names as the judge in his discretion may direct, not to be less than forty (40) for each special venire as the judge in his discretion may direct to be called, and it shall be the duty of the clerk to issue a special venire facias, commanding the sheriff to summon the persons whose names are so drawn, to attend the court on a particular day to be named in the writ. It shall not be necessary that a separate special venire be drawn for each case in which a special venire is demanded. Those persons summoned pursuant to the issuance of a special venire facias shall attend the court on the day named in the writ and shall serve as the court may direct on any case for which a special venire has been demanded; provided, however, no juror summoned as a special venireman shall be impaneled or serve on more than one (1) case. In the event a special venire be exhausted in a case without a jury being impaneled from those summoned and in attendance, the court shall proceed to make up the jury for the trial of the case from the regular panel and tales jurors who may have been summoned for the day. If, after exhausting said regular panel and tales jurors, a competent jury be not obtained, the court shall direct the sheriff to summon forthwith as many tales jurors as shall be sufficient to complete the jury. In the event that there should be no such box, or the same should be mislaid, or the names therein have been exhausted, then the court may order a special venire facias to be issued by the clerk, directing the sheriff to summon as many jurors as may be necessary, not less than forty (40) for each special venire as the judge in his discretion may direct to be called and, after exhausting a special venire in any case, to impanel the jury as hereinbefore directed. The slips containing the names of all jurors drawn or summoned on a special venire, and not impaneled on a jury, shall be returned to the box from which they were drawn immediately after a jury shall be impaneled. If a special venire be not demanded, the jury in each case shall be composed of the regular venire for the week and as many talesmen and bystanders as may be required, to be summoned under the order of the court.

Miss. Code Ann. § 13-5-79 When opinion as to guilt or innocence will not render one incompetent in a criminal case.

Any person, otherwise competent, who will make oath that he is impartial in the case, shall be competent as a juror in any criminal case, notwithstanding the fact that he has an impression or an opinion as to the guilt or innocence of the accused, if it appear to the satisfaction of the court that he has no bias or feeling or prejudice in the case, and no desire to reach any result in it, except that to which the evidence may conduct. Any juror shall be excluded, however, if the court be of opinion that he cannot try the case impartially, and the exclusion shall not be assignable for error.

Miss. Code Ann. § 13-5-81 Challenge to array; quashing of venire.

A challenge to the array shall not be sustained, except for fraud, nor shall any venire facias, except a special venire facias in a criminal case, be quashed for any cause whatever.

Miss. Code Ann. § 13-5-83 Intoxicated jurors; jurors under the control of the court.

If any juror summoned to appear at court, should render himself unfit for service by intoxication before his name is called in court, he shall be fined in a sum not exceeding One Hundred Dollars ($100.00), and be imprisoned for a term not exceeding twenty-four hours. After grand and petit jurors are impaneled they shall be under the control of the court, and, for any breach of duty or contempt of court, may be fined and imprisoned.

Miss. Code Ann. § 13-5-85 Selection of and service on juries in Harrison County.

In Harrison County, a county having two judicial districts, the law in relation to the selection and liability to jury service of grand and petit juries shall be applicable to each of the two judicial districts of the county in the same manner as if each district were a separate county, so far as the same may be made to apply. No person shall be made to serve as a grand or petit juror except in the district in which he resides. Lists of persons subject and liable to jury duty shall be made and grand and petit jurors shall be selected and empaneled in each of said districts in the same manner as if each were a separate county, except in such cases where it is otherwise provided by law.

Miss. Code Ann. § 13-5-87 Laws as to listing, drawing, summoning and impaneling of juries are directory.

All the provisions of law in relation to the listing, drawing, summoning and impaneling juries are directory merely, and a jury listed, drawn, summoned or impaneled, though in an informal or irregular manner, shall be deemed a legal jury after it shall have been impaneled and sworn, and it shall have the power to perform all the duties devolving on the jury.

Miss. Code Ann. § 13-5-89 Juries in condemnation proceedings.

In all cases where a jury is required in the exercise of the right of eminent domain, the sheriff and clerks of the circuit and chancery courts shall draw eighteen names from the jury box, and the slips containing the names shall be returned to the box. The sheriff shall summon the jury thus drawn, and the jurors shall attend, under the same penalties as in the circuit court, and the penalties may be enforced therein at the next term, on complaint of the proper party or of the sheriff.

Miss. Code Ann. § 13-5-91 Jury may view the place.

When, in the opinion of the court, on the trial of any cause, civil or criminal, it is proper, in order to reach the ends of justice, for the court and jury to have a view or inspection of the property which is the subject of litigation, or the place at which the offense is charged to have been committed, or the place or places at which any material fact occurred, or of any material object or thing in any way connected with the evidence in the case, the court may, at its discretion, enter an order providing for such view or inspection as is herein below directed. After such order is entered, the whole organized court, consisting of the judge, jury, clerk, sheriff, and the necessary number of deputy sheriffs, shall proceed, in a body, to such place or places, property, object or thing to be so viewed or inspected, which shall be pointed out and explained to the court and jury by the witnesses in the case, who may, at the discretion of the court, be questioned by the court and by the representative of each side at the time and place of such view or inspection, in reference to any material fact brought out by such view or inspection. The court on such occasion shall remain in session from the time it leaves the courtroom till it returns thereto, and while so in session outside the courtroom it shall have full power to compel the attendance of witnesses, to preserve order, to prevent disturbance and to punish for contempt such as it has when sitting in the courtroom. In criminal trials all such views or inspections must be had before the whole court and in the presence of the accused, and the production of all evidence from all witnesses or objects, animate or inanimate, must be in his presence.

Miss. Code Ann. § 13-5-93 Nine jurors may return a verdict in civil cases.

In the trial of all civil suits in the circuit or chancery courts of this state, nine or more jurors may agree on the verdict and return it into court as the verdict of the jury. Either party may request an instruction in writing to this effect and it shall thereupon be the duty of the trial judge to instruct the jury in writing that if nine or more jurors agree on the verdict that they may return the same into open court as the verdict of the jury.

Miss. Code Ann. § 13-5-95 Separate accommodations and bailiffs for male and female jurors.

In selecting overnight accommodations for jurors, the court shall provide separate housing for men and women jurors. Male bailiffs shall accompany the male jurors, and female bailiffs the female jurors. At least one bailiff shall accompany each group, and the court in its sound discretion shall require as many bailiffs as are necessary. Either group may be housed in private premises if necessary.

Miss. Code Ann. § 13-5-97 Certain jury records exempt from public access requirements.

Records in the possession of a public body, as defined by paragraph (a) of Section 25-61-3, which are developed among juries concerning judicial decisions, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.

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