Mississippi Code
Miss. Code Ann. § 13-5-87 (2026)
Laws as to listing, drawing, summoning and impaneling of juries are directory
✓ current as of July 2026
All the provisions of law in relation to the listing, drawing, summoning and impaneling juries are directory merely, and a jury listed, drawn, summoned or impaneled, though in an informal or irregular manner, shall be deemed a legal jury after it shall have been impaneled and sworn, and it shall have the power to perform all the duties devolving on the jury.
Codes, 1857, ch. 64, art. 250; 1871, § 2843; 1880, § 1672; 1892, § 2389; 1906, § 2718; Hemingway's 1917, § 2211; 1930, § 2064; 1942, § 1798.
Notes of Decisions
Cited in 20
cases (2 in the last 5 years), 1974–2021 · leading case: Simmons v. State, 805 So. 2d 452 (Miss. 2001).
Simmons v. State, 805 So. 2d 452 (Miss. 2001). “§ 13-5-87 (1972) which states that "[a]ll the provisions of law in relation to the listing, drawing, summoning and impaneling juries are directory merely, and a jury listed, drawn, summoned or impaneled, though in an informal or irregular manner, shall be deemed a legal jury…”
Nathaniel Cooper v. State of Mississippi, 200 So. 3d 1065 (Miss. Ct. App. 2016). “2002); see also Miss. Code Ann. § 13-5-87 (Rev. 2012). The statutory provision “relating to the listing, drawing, summoning, and impaneling of juries [is] said to be directory merely.”
Page v. Siemens Energy & Automation, 728 So. 2d 1075 (Miss. 1998). “See also Miss.Code Ann. § 13-5-87 (provisions for listing, drawing, summoning and impaneling jurors are directory).”
Moore v. State, 816 So. 2d 1022 (Miss. Ct. App. 2002). “Miss.Code Ann. § 13-5-87 (1972). See also Adams v.”
Adams v. State, 537 So. 2d 891 (Miss. 1989). “1986); see also Miss. Code Ann. § 13-5-87 (1972). But even when saying such, we have warned that there could be cases in the future which may require reversal for failure to follow the statute, even though it is directory.”
Pulliam v. State, 515 So. 2d 945 (Miss. 1987). “Furthermore, Mississippi Code Annotated, Section 13-5-87 (1972), provides, "All provisions of law in relation to the listing, drawing, summoning and empaneling juries are directory merely.”
Harris v. State, 406 So. 2d 823 (Miss. 1981). “Miss. Code Ann. § 13-5-87 (1972). However, in the case sub judice the juries were empaneled by the court administrator's secretary, while Mississippi Code Annotated section 13-5-26 (Supp.”
Samuel Terrail Young, Jr. v. State of Mississippi, 264 So. 3d 797 (Miss. Ct. App. 2018). “Here, Young does not show how the prayer violated the jury-selection statute ( Mississippi Code Annotated section 13-5-87 (Rev. 2012) ) or resulted in fraud or prejudice.”
Peters v. State, 314 So. 2d 724 (Miss. 1975). “" Miss. Code Ann. § 13-5-87 (1972). The trial judge overruled the motion and made the following statement in the record: "This motion moves the Court to have the jury picked in open court and to require the State to present to the defendant in open court twelve jurors in the box…”
Polk v. State, 288 So. 2d 452 (Miss. 1974). “Miss. Code Ann. § 13-5-87 (1972). We recognize that this Court has held that the statute (13-5-87) has no application when there is no effort made to comply with governing statutes and there is a total departure from the statutory scheme of selecting juries.”
Jerry Deuntay Carr v. State of Mississippi, 190 So. 3d 1 (Miss. Ct. App. 2015). “]” Miss.Code Ann. § 13-5-87 (Rev.2012) (emphasis added).”
Thorne v. State, 348 So. 2d 1011 (Miss. 1977). “The State also calls attention to the provision in Mississippi Code Annotated section 13-5-87 (1972) which provides: All the provisions of law in relation to the listing, drawing, summoning and impaneling *1014 juries are directory merely, and a jury listed, drawn, summoned or…”
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