Every citizen over sixty-five (65) years of age, and everyone who has served as a grand juror or as a petit juror in the trial of a litigated case within two (2) years, shall be exempt from service if the juror claims the privilege. No qualified juror shall be excluded because of any such reasons, but the same shall be a personal privilege to be claimed by any person selected for jury duty. Any citizen over sixty-five (65) years of age may claim this personal privilege outside of open court by providing the clerk of court with information that allows the clerk to determine the validity of the claim.
Provided, however, that no person who has served as a grand juror or as a petit juror in a trial of a litigated case in one (1) court may claim the exemption in any other court where the juror may be called to serve.
Codes, 1880, §§ 1661, 1683; 1892, § 2357; 1906, § 2687; Hemingway's 1917, § 2179; 1930, § 2032; 1942, § 1765; Laws, 1958, ch. 287; Laws, 1960, ch. 236; Laws, 1966, ch. 353, § 1; Laws, 1976, ch. 464, § 2; Laws, 1990, ch. 360, § 2, eff. 7/1/1990; Laws, 2004, 1st Ex Sess, ch. 1, § 9; Laws, 2006, ch. 437, § 2; Laws, 2007, ch. 433, § 2, eff. 1/1/2008.
Notes of Decisions
Eddie Hall v. State of Mississippi, 201 So. 3d 424 (Miss. 2016).
· cites it 11× “2009); Miss. Code Ann. § 13-5-25 (Rev. 2012). Judges also may require jurors who have sat on a jury within the last two years to serve if there is a lack of potential jurors.”
Gause v. State, 65 So. 3d 295 (Miss. 2011).
· cites it 24× “Miss.Code Ann. § 13-5-25 (Supp.2010). The statute states, in pertinent part: Every citizen over sixty-five (65) years of age, and everyone who has served as a grand juror or as a petit juror in the trial of a litigated case within two (2) years, shall be exempt from service if…”
Spires v. State, 10 So. 3d 477 (Miss. 2009).
· cites it 12× “Any citizen over sixty-five (65) years of age may claim this personal privilege outside of open court by providing the clerk of court with information that allows the clerk to determine the validity of the claim.”
Adams v. State, 537 So. 2d 891 (Miss. 1989).
· cites it 10× “Miss. Code Ann. § 13-5-25 (Supp. 1988). Prior to trial, Adams filed a Motion to Strike Jury Venire.”
Wilson v. State, 574 So. 2d 1324 (Miss. 1990).
· cites it 4× “" We are also told that there is no sufficient reason for excluding those over the age of 65 and therefore, we should hold Miss. Code Ann., § 13-5-25 (1972), unconstitutional.”
Davis v. State, 767 So. 2d 986 (Miss. 2000).
· cites it 4× “Miss.Code Ann. § 13-5-25 provides for two exemptions from jury service.”
De La Beckwith v. State, 707 So. 2d 547 (Miss. 1997).
· cites it 2× “He contends that moving jurors from Batesville to Jackson made elderly persons more inclined to exercise their statutory exemption from jury service under Miss. Code Ann. § 13-5-25 (1972). Beckwith claims the prejudice against him is evidenced by the exemption claimed by Forrest…”
Trevillion v. State, 26 So. 3d 1098 (Miss. Ct. App. 2009).
· cites it 6× “Miss. Code Ann. § 13-5-25 . Mississippi Code Annotated section 13-5-23 (Supp.”
Page v. Siemens Energy & Automation, 728 So. 2d 1075 (Miss. 1998).
· cites it 2× “§ 13-5-25 addresses the privileges of age and prior service: Every citizen over sixty-five (65) years of age, and everyone who has served on the regular panel as a juror in the actual trial of one or more litigated cases within two (2) years, shall be exempt from service if he…”
Galloway v. State, 735 So. 2d 1117 (Miss. Ct. App. 1999).
· cites it 5× “Galloway next alleges that several members of his jury panel had served in the previous day's trial and were not allowed to take the exemption afforded by Miss.Code Ann. § 13-5-25 which reads in pertinent part as follows: Every citizen over sixty-five (65) years of age, and…”
Curtis Wayne Gause v. State of Mississippi (Miss. 2009).
· cites it 22× “Miss. Code Ann. § 13-5-25 (Supp. 2010). The statute states, in pertinent part: Every citizen over sixty-five (65) years of age, and everyone who has served as a grand juror or as a petit juror in the trial of a litigated case within two (2) years, shall be exempt from service if…”
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