(a) Upon the request of a prospective juror pursuant to this section, the court shall determine, on the basis of information provided during an interview with the prospective juror or based on other competent evidence, whether the prospective juror should be excused from jury service.
(b) An individual who is not disqualified for jury service may apply to be excused from jury service by the court only upon a showing of one of the following:
(1) That serving on a jury would result in undue or extreme physical or financial hardship.
(2) The prospective juror has a mental or physical condition that incapacitates him or her.
(3) The prospective juror is a nursing mother at the time she receives a summons.
(4) The prospective juror should be excused for reasons of public necessity.
(c)(1) An individual asking to be excused based on undue or extreme physical or financial hardship shall 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. Upon the request of the court, the individual seeking to be excused must provide documentation of the hardship.
(2) For purposes of this section, undue or extreme physical or financial hardship is limited to any of the following circumstances in which an individual would:
a. Be required to abandon an individual 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.
b. 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.
c. Suffer physical hardship that would result in illness or disease.
(3) 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.
(d) An individual asking to be excused under subdivision (b)(3) shall provide to the court: (i) a written statement that she is a nursing mother; and (ii) a certificate of birth or other government document or medical record certifying the birth of the child she is nursing.
(e)(1) A prospective juror excused pursuant to this section shall be exempt from jury service for a period of 24 months.
(2) At the conclusion of the 24-month period, the individual may be directed to reappear for jury service at the court’s direction.
(f) The excusal of an individual from jury service pursuant to this section may not affect his or her right to one automatic postponement under Section 12-16-63.1.
(Acts 1978, No. 594, p. 712, §9; Act 2005-311, 1st Sp. Sess., p. 633, §1; Act 2025-454, §2.)
Notes of Decisions
Cited in
15
cases, 1983–2013 · leading case:
Turner v. State, 924 So. 2d 737 (Ala. Crim. App. 2003).
Turner v. State, 924 So. 2d 737 (Ala. Crim. App. 2003).
· cites it 5× “Turner argues that he was denied his right to have a jury chosen by a fair cross-section of the community because, he argues, the trial court excused potential jurors based on grounds insufficient to remove a prospective juror under § 12-16-63, Ala.Code 1975. He specifically…”
Brown v. State, 11 So. 3d 866 (Ala. Crim. App. 2007).
· cites it 3× “) At the time of Brown’s trial, § 12-16-63, Ala.Code 1975, provided: 6 “(a) The court, upon request of a prospective juror or on its own initiative, shall determine on the basis of information provided on the juror qualification form or interview with the prospective juror or…”
McWhorter v. State, 781 So. 2d 257 (Ala. Crim. App. 1999).
· cites it 4× “Rather, she was removed by the trial court pursuant to its discretion under § 12-16-63, Ala.Code 1975. This statute states the following concerning a trial court's excusing of prospective jurors from service when they are not disqualified: "(b) A person who is not disqualified…”
Scott v. State, 163 So. 3d 389 (Ala. Crim. App. 2012).
· cites it 4× “Code 1975, provides: “(b) A person who is not disqualified from jury service may apply to be excused from jury service by the court only upon a showing of undue or extreme physical or financial hardship, a mental or physical condition that incapacitates the person, or public…”
McNair v. State, 653 So. 2d 320 (Ala. Crim. App. 1992).
· cites it 2× “Although the trial judge granted the prosecution's challenge for cause to these venire members, that action was similar to an excusal of the member from jury service by the trial court.”
Jackson v. State, 640 So. 2d 1025 (Ala. Crim. App. 1992).
· cites it 3× “He further argued that, pursuant to § 12-16-63, Code of Alabama 1975, a person may be excused from jury service by the court for a period of time that the court deems necessary upon a showing of undue hardship, extreme inconvenience, or public necessity.”
Reynolds v. State, 114 So. 3d 61 (Ala. Crim. App. 2010).
· cites it 2× “) Those 21 jurors *84 were excused for reasons encompassed in § 12-16-63, Ala.Code 1975. The circuit court did not abuse its discretion, and we find no error, plain or otherwise, in this regard.”
Yancey v. State, 65 So. 3d 452 (Ala. Crim. App. 2009).
· cites it 2× “It is clear that under the proper set of circumstances a trial court may excuse a potential juror from serving on a case, under § 12-16-63, Ala.Code 1975, which states: “(a) The Court, upon the request of a prospective juror pursuant to this section shall determine on the basis…”
Thompson v. State, 153 So. 3d 84 (Ala. Crim. App. 2012).
“Section 12-16-63, Ala.Code 1975, addresses a court’s authority to excuse prospective jurors from jury service.”
Riley v. State, 166 So. 3d 705 (Ala. Crim. App. 2013).
· cites it 2× ““Section 12-16-74, Code of Alabama 1975, expressly provides that a trial court in capital cases may excuse prospective jurors outside the presence of parties and their counsel, for reasons of ‘undue hardship, extreme inconvenience, or public necessity,’ as provided in §…”
Brewer v. State, 440 So. 2d 1155 (Ala. Crim. App. 1983).
“Lee's name to the jury box but to inform him that he could serve during the next term of court, according to § 12-16-63, Code of Alabama 1975, which states: "(b) A person who is not disqualified for jury service may be excused from jury service by the court only upon a showing…”
Windsor v. State, 683 So. 2d 1013 (Ala. Crim. App. 1993).
· cites it 3× “Judge McMillan, writing for the majority, stated: "The trial court's statement during the hearing, that it had not actually excused any of these potential jurors at that time, and his ruling in excusing them, pursuant to § 12-16-63, Code of Alabama 1975, served only to mask the…”
— Ala. Code § 12-16-63(b) — 4 cases
McNair v. State, 653 So. 2d 320 (Ala. Crim. App. 1992).
“Although the trial judge granted the prosecution's challenge for cause to these venire members, that action was similar to an excusal of the member from jury service by the trial court.”
Riley v. State, 166 So. 3d 705 (Ala. Crim. App. 2013).
““Section 12-16-74, Code of Alabama 1975, expressly provides that a trial court in capital cases may excuse prospective jurors outside the presence of parties and their counsel, for reasons of ‘undue hardship, extreme inconvenience, or public necessity,’ as provided in §…”
McWhorter v. State, 781 So. 2d 257 (Ala. Crim. App. 1999).
“Rather, she was removed by the trial court pursuant to its discretion under § 12-16-63, Ala.Code 1975. This statute states the following concerning a trial court's excusing of prospective jurors from service when they are not disqualified: "(b) A person who is not disqualified…”
Scott v. State, 163 So. 3d 389 (Ala. Crim. App. 2012).
“Code 1975, provides: “(b) A person who is not disqualified from jury service may apply to be excused from jury service by the court only upon a showing of undue or extreme physical or financial hardship, a mental or physical condition that incapacitates the person, or public…”
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