Code of Alabama
Ala. Code § 12-16-170 (2026)
Petit Jurors.
✓ official Alabama Legislature (ALISON) text, current July 2026
The following oath shall be administered by the clerk, in the presence of the court, to each of the petit jurors: “You do solemnly swear (or affirm, as the case may be) that you will well and truly try all issues which maybe submitted to you during the present session (or week, as the case may be), and true verdicts render according to the evidence - so help you God”; and the same oath must be administered to the talesman, substituting the word “day” for “session.”
(Code 1852, §542; Code 1867, §4092; Code 1876, §4765; Code 1886, §4328; Code 1896, §5013; Code 1907, §7273; Code 1923, §8608; Code 1940, T. 30, §58.)
Notes of Decisions
Cited in 6
cases, 1986–2006 · leading case: Tarver v. State, 500 So. 2d 1232 (Ala. Crim. App. 1986).
Tarver v. State, 500 So. 2d 1232 (Ala. Crim. App. 1986). “Although we are unable to find an Alabama case which deals with the administration of an oath to prospective jurors before voir dire examination, there are numerous cases concerning the administration of the oath to petit juries as required by § 12-16-170, Code of Alabama 1975.…”
Marks v. State, 575 So. 2d 611 (Ala. Crim. App. 1991). “However, we do find an indication from the transcript that the jury was "selected," but no evidence of that selected jury being sworn.”
Ex Parte Benford, 935 So. 2d 421 (Ala. 2006). “1986), the Court of Criminal Appeals discussed the principles governing the administration of an oath to petit jurors: "[T]here are numerous cases concerning the administration of the oath to petit juries as required by § 12-16-170, Code of Alabama, 1975. These cases indicate…”
Jones v. State, 826 So. 2d 901 (Ala. Crim. App. 2001). “The appellant argues that the trial court erred in failing to ensure that the jury was properly sworn, pursuant to § 12-16-170, Ala. Code 1975. An examination of the record reveals that the members of the jury venire were given an oath in which they swore to truthfully answer…”
Hellums v. State, 630 So. 2d 480 (Ala. Crim. App. 1993). “This court noted that the record was silent as to whether the jury had been sworn as required by § 12-16-170, Code of Alabama 1975. On return to remand, the trial court conducted a hearing on this issue.”
Hill v. State, 586 So. 2d 293 (Ala. Crim. App. 1991). “2d 1165 , on remand of this case, both the trial court and the court reporter have submitted documents affirmatively showing that the jury was placed under oath as required by Ala. Code 1975, § 12-16-170. Therefore, this issue raised by the appellant is clearly without factual…”
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