Code of Alabama
Ala. Code § 12-16-6 (2026)
Duty of Court to Ascertain Qualifications Before Administering Oath to Jurors.
✓ official Alabama Legislature (ALISON) text, current July 2026
It is the duty of the court, before administering the oath prescribed by law to any grand, petit or tales jurors, 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.
(Code 1852, §537; Code 1867, §4087; Code 1876, §4760; Code 1886, §4325; Code 1896, §5010; Code 1907, §7270; Code 1923, §8659; Code 1940, T. 30, §6.)
Notes of Decisions
Cited in 9
cases, 1980–2015 · leading case: Ingram v. State, 779 So. 2d 1225 (Ala. Crim. App. 1999).
Ingram v. State, 779 So. 2d 1225 (Ala. Crim. App. 1999). “Code 1975, § 12-16-6, provides as follows: "It is the duty of the court, before administering the oath prescribed by law to any grand, petit or tales jurors, to *1263 ascertain that such juror possesses the qualifications required by law, and the duty required of the court by…”
Thomas v. Diversified Contractors, Inc., 551 So. 2d 343 (Ala. 1989). “After the venire is selected, Ala.Code 1975, § 12-16-6, requires that the trial court, before administering the oath prescribed by law to any petit jurors, ascertain that such jurors possess the qualifications required by law.”
Hulsey v. State, 196 So. 3d 342 (Ala. Crim. App. 2015). “Durden “was not present when the members of the venire were excused,” and he claimed that the trial court “did not comply with the demands of § 12-16-6, Code of Alabama 1975, in asking of the entire venire those items contained in § 12-16-150, Code of Alabama 1975.”
Smith v. State, 797 So. 2d 503 (Ala. Crim. App. 2000). “Section 12-16-6, provides: "It is the duty of the court, before administering the oath prescribed by law to any grand, petit or tales jurors, to ascertain that such juror possesses the qualifications required *518 by law, and the duty required of the court by this section shall…”
Griffin v. State, 790 So. 2d 267 (Ala. Crim. App. 2000). “Before the state and the defense questioned the veniremembers, the trial court, as mandated by § 12-16-6, Ala.Code 1975, asked the veniremembers general questions regarding the death penalty and its imposition.”
Wilder v. DiPiazza, 481 So. 2d 1091 (Ala. 1985). “Code 1975, § 12-16-6. The qualification relevant to this appeal is that the prospective juror must be a "resident of the county for more than 12 months.”
Griffin v. State, 383 So. 2d 873 (Ala. Crim. App. 1980). “1975, § 12-16-6) but also it is the right of a party to supplement the examination by the court, as thus stated: "In civil and criminal cases, either party shall have the right to examine jurors as to their qualifications, interest, or bias that would affect the trial of the…”
Price v. Toyota Motor Corp., 684 So. 2d 131 (Ala. Civ. App. 1996). “I concur with the majority’s reversal and remand for a new trial in this case because § 12-16-6, Ala.Code 1975, states that the trial court has an “imperative duty” to ascertain that jurors possess the qualifications required by law.”
Williams v. State, 540 So. 2d 793 (Ala. Crim. App. 1988). “If you came to the conclusion that the prosecution had not proven the guilt of the Defendant in your mind beyond a reasonable doubt, and you found that a majority of the jurors believe that the Defendant was guilty, would you change your verdict only because you were in the…”
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