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Mississippi Code

Miss. Code Ann. § 13-5-69 (2024)

Examination of jurors by attorneys or litigants

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Except in cases in which the examination of jurors is governed by rules promulgated by the Mississippi Supreme Court, the parties or their attorneys in all jury trials shall have the right to question jurors who are being impaneled with reference to challenges for cause, and for peremptory challenges, and it shall not be necessary to propound the questions through the presiding judge, but they may be asked by the attorneys or by litigants not represented by attorneys.

Codes, 1930, § 2068; 1942, § 1802; Laws, 1922, ch. 294; Laws, 1991, ch. 573, § 104, eff. 7/1/1991.

Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1975–2022 · leading case: Timothy Nelson Evans v. State of Mississippi, 226 So. 3d 1 (Miss. 2017).
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Timothy Nelson Evans v. State of Mississippi, 226 So. 3d 1 (Miss. 2017). · cites it 8× “1978); see also Miss. Code Ann. § 13-5-69 (Rev. 2012) (“the parties or their attorneys in all jury trials shall have the right to question jurors who are being impaneled with reference to challenges for cause, and for peremptory challenges).”
Hansen v. State, 592 So. 2d 114 (Miss. 1991). · cites it 4× “Historically, the procedural authority for this inquiry derived in part from Miss. Code Ann. § 13-5-69 (1972), which at the time of trial provided: The parties or their attorneys in all jury trials shall have the right to question jurors who are being impaneled with reference to…”
Foster v. State, 639 So. 2d 1263 (Miss. 1994). · cites it 4× “Miss. Code Ann. § 13-5-69 (1972) (Emphasis supplied.”
Balfour v. State, 598 So. 2d 731 (Miss. 1992). · cites it 3× “We can do no more to improve upon this point than that which we stated in Hansen : Historically, the procedural authority for this inquiry derived in part from Miss. Code Ann. § 13-5-69 (1972), which at the time of trial provided: The parties or their attorneys in all jury…”
Odom v. State, 355 So. 2d 1381 (Miss. 1978). · cites it 4× “Freshour's lack of candor made it impossible for him to intelligently exercise his peremptory challenge all in violation of Mississippi Code Annotated section 13-5-69 (1972). The materiality of the question by appellant's counsel is emphasized by the record which reveals that…”
MacK v. State, 650 So. 2d 1289 (Miss. 1994). · cites it 2× “Under section 13-5-69 of the Mississippi Code Annotated, the defense counsel has the right to ask questions of the jurors, who the court purports to excuse for cause.”
Russell v. State, 607 So. 2d 1107 (Miss. 1992). · cites it 2× “Whether the lower court erred in overruling defendant's Motion for Individualized Sequestered Voir Dire after the Court's and Counsel's general voir dire in violation of the Sixth, Eight, and Fourteenth Amendments to the United States Constitution and Mississippi Code Annotated,…”
McLemore v. State, 669 So. 2d 19 (Miss. 1996). · cites it 2× “In support McLemore argues Miss. Code Ann. § 13-5-69 which states: Except in the cases in which the examination of jurors is governed by rules promulgated by the Mississippi Supreme Court, the parties or their attorneys in all jury trials shall have the right to question jurors…”
Garcia v. Coast Elec. Power Ass'n, 493 So. 2d 380 (Miss. 1986). · cites it 2× “Miss. Code Ann. § 13-5-69 to -79 (1972 & Supp.”
Williams v. Dixie Elec. Power Ass'n, 514 So. 2d 332 (Miss. 1987). · cites it 2× “Miss. Code Ann. § 13-5-69 to -79 (1972 and Supp.”
Magee v. State, 124 So. 3d 64 (Miss. 2013). · cites it 2× “Under Mississippi Code Section 13-5-69, a defendant has the right to question prospective jurors directly “with reference to challenges for cause, and for peremptory challenges.”
Johnson v. State, 132 So. 3d 616 (Miss. Ct. App. 2013). · cites it 4× “See Miss.Code Ann. § 13-5-69 (Rev.2012) (“[T]he parties or their attorneys in all jury trials shall have the right to question jurors who are being impaneled with reference to challenges for cause, and for peremptory challenges, and it shall not be necessary to propound the…”
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