Ark. Code Ann. § 16-32-107 (2026)
Excess number of jurors drawn and listed
- Whenever it shall appear that the names of more jurors have been drawn and listed in the jury book than are needed for jury service at the current or at any subsequent session of the court, the judge, if the jurors are present in court, shall designate the number of jurors required, the names of whom shall be taken from the jury book in the same order as they appear thereon.
- If the jurors are not present in court, the judge shall direct the sheriff to summon the number of jurors needed, the names of whom shall be taken from the jury book in the same order as they appear thereon, exempting those who have been excused from attendance.
- Persons whose names are drawn and recorded in the jury book shall not be disqualified from further duty as provided for in § 16-31-104(a) until they have been required to report for jury service and sworn therefor.
History. Acts 1969, No. 568, § 21; 1985, No. 1066, § 2; A.S.A. 1947, § 39-213.
Case Notes
Preparation of List.
Even though defendant failed to demonstrate prejudice where the trial court prepared a list of jurors which excluded not only those persons excused from duty but also those persons who failed to appear at a prior impaneling of the jury or to answer the questionnaire and who had not been served in order to avoid the expense and time of calling jurors who had not responded to their call to duty, it is a better practice for the trial courts to follow the method of jury selection prescribed in the Arkansas Jury Wheel Act. Henry v. State, 29 Ark. App. 5, 775 S.W.2d 911 (1989).
Cited: Shelton v. State, 254 Ark. 815, 496 S.W.2d 419 (1973).