Ala. Code
Code of Alabama

Ala. Code § 12-16-232 (2026)

Consent by Parties to Discharge of Member of Jury and to Rendition of Verdict by Remaining Jurors.

✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
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(a) At any stage of a trial then pending, whether the jury has retired or not, the parties may unanimously consent in open court, with legal effectiveness, to the discharge from further duty of any member of the jury trying the case and to a continuation of the trial and the rendition of a verdict by the remaining jurors. A verdict returned by the remaining jurors shall be as valid and as legally effective as if it had been returned by the full jury.

(b) Prior to the commencement of a trial, the parties may unanimously stipulate in open court, with legal effectiveness, that in the event it becomes necessary during the pendency of the trial, whether the jury has retired or not, for the court to discharge from further duty any member of the jury trying the case because of the juror’s sickness or other good cause, the trial shall continue with and a verdict be rendered by the remaining jurors. A verdict returned by the remaining jurors shall be as valid and as legally effective as if it had been returned by the full jury.

(c) The provisions of this section shall apply to any and every kind of action except prosecutions for capital felonies.

(d) This section shall be cumulative and alternative to the provisions of Sections 12-16-230 and 12-16-231.

(Acts 1943, No. 168, p. 156.)

Notes of Decisions
Cited in 3 cases, 1993–1999 · leading case: Toombs v. State, 739 So. 2d 550 (Ala. Crim. App. 1999).
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Toombs v. State, 739 So. 2d 550 (Ala. Crim. App. 1999). “See § 12-16-232, Ala.Code 1975. Nevertheless, Toombs failed to show that the trial judge’s substitution of a juror outside his presence injured one of his substantial rights.”
Arnold v. State, 639 So. 2d 553 (Ala. Crim. App. 1993). “” § 12-16-232(a), Code of Alabama 1975. The appellant elected to have a mistrial declared.”
Youngblood v. State, 667 So. 2d 149 (Ala. Crim. App. 1995). · cites it 2× “The court shall not accept an agreement to trial by less than twelve (12) jurors unless the defendant, after being advised by the court of the right to trial by twelve (12) jurors, personally waives the right.”
Ala. Code § 12-16-232(a): 1 case
Arnold v. State, 639 So. 2d 553 (Ala. Crim. App. 1993). “” § 12-16-232(a), Code of Alabama 1975. The appellant elected to have a mistrial declared.”
Ala. Code § 12-16-232(c): 1 case
Youngblood v. State, 667 So. 2d 149 (Ala. Crim. App. 1995). “The court shall not accept an agreement to trial by less than twelve (12) jurors unless the defendant, after being advised by the court of the right to trial by twelve (12) jurors, personally waives the right.”
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