If you have received a jury summons, you should register online at https://juror.alacourt.gov immediately. 

 

“What happens if I do not come to court for jury service on the date that I am summoned to appear?”

The law in Alabama (Ala. Code 1975 § 12-16-82) provides that if a person fails to appear for jury duty on the date summoned, that an order shall be entered directing that person to appear in Court to show cause why he or she “shall not be adjudged guilty of contempt and punished accordingly.” If you have a good excuse for not being able to attend a particular court session you should contact the Office of the Cullman County Circuit Court Clerk and ask for your jury service to be postponed to a later date. You CANNOT simply ignore your jury summons.

 

As a Juror, there are certain responsibilities you will be asked to fulfill.

A Juror must be prompt.  A trial cannot begin or continue unless all jurors are present.

A Juror must give his/her undivided attention to the trial.  A juror should listen carefully to all questions by both parties on direct or cross examination of the witness, the testimony given in response to the questions, and the judge's instructions to the jury. A juror's verdict can only be based upon the evidence presented.

A Juror must not research the case through broadcast and newspaper accounts.  A juror may not listen to radio or television accounts concerning the trial or read articles about the trial. During a trial, if a juror has personal knowledge about any facts in the case, the juror has a duty to disclose his/her knowledge to the judge. A person who knows a fact which could materially affect the case should not serve as a juror.

A Juror must not discuss the case with anyone, including relatives, friends, or trial participants.  Once selection of a jury begins, a potential juror should not discuss the case with anyone. After deliberations begin, a juror can discuss the case only with the other jurors. If someone attempts to talk to a juror, (s)he should report it to the judge. However, after the trial has concluded, a juror may discuss the case with anyone, but the juror is not obligated to do so.

A Juror must not conduct independent investigations or experiments to verify testimony given in the case.  The jury's verdict can only be based upon evidence presented in court. If the court finds it necessary for the jury to inspect the scene of an accident or alleged crime, the judge will arrange for the entire jury to do so together. Thus, a juror must not conduct investigations or experiment by himself/herself.

A Juror must be impartial until (s)he hears all the evidence and law applicable to the case.  A juror should listen to the evidence presented by both sides carefully and avoid "taking sides" until (s)he has an opportunity to hear all the evidence and the judge's instructions as to the law applicable to that particular case.

Important Information

Be careful what information you reveal over the phone. Identity thieves in other parts of the country have called residents and threatened them for failing to report for jury service. The thieves then asked for confidential information. You will NEVER be called by a court official and asked for Social Security numbers, credit card numbers or other sensitive information. DO NOT GIVE OUT SUCH INFORMATION OVER THE PHONE TO ANYONE WHO CALLS YOU CLAIMING TO BE AN EMPLOYEE WITH THE JUDICIAL SYSTEM.  The Circuit Court Clerk or one of her staff may sometimes call to let jurors know that court has been cancelled or postponed for the day to save jurors an unnecessary trip to the courthouse, but you will never be asked to provide any financial information.

• Who may serve?
• How long does jury duty last?
• If I am unable to serve, whom do I call?
• What if I have a medical condition which would prevent me from serving?
• How was I selected?
• What if I have moved out of the County?
• Where do I report?
• Where do I park?
• What do I wear?
• Will there be periods of waiting?
• Will I have to report every day?
• Can I bring my cell phone or pager?
• How much do jurors get paid?
• Does my employer have to pay me while I serve on jury duty?
• Can my employer deduct my juror pay from my pay check?
• If I work 2nd or 3rd shift, do I still have to go work?
• If I am summoned to court as a juror, but I was not chosen to serve, am I still entitled to an expense allowance and mileage?
• If I work outside the State of Alabama, and I am summoned as a juror in the county where I reside in the State of Alabama, am I entitled to my usual compensation from my employer?
• What can I expect when I report to the courthouse for jury service?
• What happens after the trial?
• How is a civil case different from a criminal case?
• What is the difference between a petit and a grand jury?
• How is a petit jury selected?
• How is a grand jury selected?
• What happens if I fail to appear?
• Can my employer require me to use annual, vacation or sick leave for jury service?
• How often am I required to serve as a juror?
• What precautions are being taken to keep jurors safe during the COVID-19 pandemic?

Who may serve?

To qualify for jury service, a person generally must have a reputation for being honest and intelligent, must possess good character and sound judgment, and also must:

• Be a United States citizen.
• Be over 19 years of age.
• Be a 12-month resident of the county.
• Read, speak, and understand the English language.
• Be physically and mentally capable.
• Not have been convicted of a crime involving "moral turpitude" (a crime which violates accepted standards of the community, including crimes involving dishonesty) which resulted in the suspension of a person's right to vote.

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How long does jury duty last?

Most cases are only 1 to 5 days in length. Rarely do we have a case which exceeds 5 days. Should we have a case which the court anticipates lasting more than a week; jurors will be notified prior to selection. If you have a problem serving more than a week you can, at that time, request a postponement from the Judge. Normal hours are Monday through Friday between the hours of 8 A.M. - 5 P.M. The Court breaks at mid-day for lunch and there are breaks taken in the morning and afternoon.

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If I am unable to serve, whom do I call?

By law (§ 12-16-62. No exemptions from jury service. No qualified prospective juror is exempt from jury service. [Acts 1978, No. 594, p. 712 § 8.]) no one is exempt from jury duty, but if this week presents an undue hardship or extreme inconvenience you may call Lisa McSwain (256) 775-4654 for a postponement to a later date.

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What if I have a medical condition which would prevent me from serving?

You will need to get in touch with your doctor and get a doctor's excuse stating you are not either physically or mentally able to serve as a juror. Attach it to your juror summons and mail back to the Clerk's Office. It must be received in our office prior to your reporting date. (Please Note: This will not excuse you permanently from jury duty. Should you receive another summons in the future and you are still having medical problems, you would need to get another doctor's excuse.) There is no such thing as a list of people who are permanently excused from jury duty.

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How was I selected?

Your name was randomly selected by computer from a list of Cullman County citizens who have either a driver's license or state ID card. The notices are mailed from Montgomery and the Clerk receives a list from the Administrative Office of Courts in Montgomery. The Clerk does not have anything to do with the selection process.

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What if I have moved out of the county?

You will need to call Lisa McSwain at (256) 775-4654 and give her your updated address and phone number to be taken off of the list for that week. (Please Note: Until your name is taken off of the Cullman County driver's license list at the Department of Public Safety your name is subject to be selected again in the future.)

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Where do I report?

The Cullman County Courthouse is located at 500 2nd Ave. SW, Room 303, Cullman, AL 35055. Report to the Main Courtroom. No smoking is allowed inside the building and no weapons of any kind will be allowed. Please be on time as court starts promptly at the designated time. Please allow extra time for parking and going through the metal detector.

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Where do I park?

Parking is available around the courthouse. There is no charge for parking.

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What do I wear?

Wear comfortable clothing that reflects the seriousness of jury service. If you are generally cold-natured, be sure to bring a jacket.

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Will there be periods of waiting?

On occasion there will be times you will be required to wait while the Judge takes up an issue which must be heard outside of the jury's presence. We try to keep these to a minimum; however, these are often circumstances beyond the Court's control. We recommend that you bring reading materials, knitting, crossword puzzles, etc. to occupy you while you wait. Please take your personal belongings with you during lunch, break, etc. as we will not be responsible for their loss.

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Will I have to report every day?

On the first day that you appear, each jury will be selected for the number of cases that are expected to go to trial. You will know that day if you have been chosen to serve as a juror.

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Can I bring my cell phone or pager?

You may bring your phone and pager in the courtroom, but they cannot be “on”. You may return your phone calls on break. Should your family have an emergency you can be reached by calling the Clerk's Office at (256) 775-4654. You will be located and your message relayed. PLEASE NOTE: CELL PHONES WITH CAMERA FEATURE ARE NOT ALLOWED IN THE COURTROOM.

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How much do jurors get paid?

The pay rate as mandated by law is $10.00 per day and $.05 per mile for each day's round trip mileage (Please Note: the state only allows for one trip to the courthouse and the trip home each day.) If you wish to waive this compensation, there are forms in the Clerks Office for you to request such.

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Does my employer have to pay me while I serve on jury duty?

Your employer is required by law (*Per Section 12-16-8(c) Code of Alabama) to pay you your normal salary if you are a full-time employee or work a full-time schedule on a regular basis. Employers are not required to pay part-time employees their normal salary by law. (Please Note: Your employer is only required to pay you a 40 hour work week's pay, no overtime pay even if you normally work overtime.) Employers are prohibited by law § 12-16-8.1) from firing an employee for serving as a juror.

*Section 12-16-8(c) Code of Alabama: "Notwithstanding the excused absence provided in subsection (a), any full time employee shall be entitled to his or her usual compensation received from such employment."

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Can my employer deduct my juror pay from my pay check?

No. The attorney general has ruled in Opinion 90-00190 that juror pay received while serving is an expense allowance and should not be deducted from your normal salary.

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If I work 2nd or 3rd shift, do I still have to go work?

No. The attorney general has ruled in Opinion 95-00007 and Opinion 97-0138 that any second or third shift employee is placed on first shift status by law for their week of jury duty service. Your employer cannot make you work and is required to pay you first shift wages if you are full-time. (This includes the evening after jury service is concluded.)

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If I am summoned to court as a juror, but I was not chosen to serve, am I still entitled to an expense allowance and mileage?

Yes. As a summoned juror, you are entitled to an expense and mileage allowance regardless of whether you actually served on a jury that particular day. However, you are not authorized to receive an expense and mileage allowance if you are notified in advance that your services are not needed for that day or if you report only to be excused.

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If I work outside the State of Alabama and I am summoned as a juror in the county where I reside in the State of Alabama, am I entitled to my usual compensation from my employer?

Not necessarily. Alabama law does not govern employers of other states. If you wish to inquire as to whether you can be compensated for Alabama jury service, you must consult the law of the state in which you are employed.

Note: The Attorney General in Georgia has concluded that it is unlawful for an employee in Georgia to fire an employee working in Georgia because the employee was absent from his/her employment for the purpose of serving as a juror in Alabama. For example, if a person is summoned for jury duty in Alabama, the person's employer in Georgia cannot fire the person for being absent for serving as a juror. To do so would subject the employer to civil liability.

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What can I expect when I report to the courthouse for jury service?

You will be processed in and given a brief orientation. The judge will ask general questions to determine whether you are qualified to serve as a juror. After qualification, you will be sworn in with the following juror's oath.

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What happens after the trial?

After the trial's completion, you are not obligated to answer questions presented by attorneys or the press. If unwanted questions persist, contact the court immediately.

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How is a civil case different from a criminal case?

A Civil case is an action between parties seeking an impartial settlement of a dispute. The "plaintiff" sues and brings the case to court, usually asking for money damages to compensate the plaintiff for certain losses. These are called "compensatory damages." Sometimes the plaintiff may ask for damages in addition to the compensatory damages, in order to punish the defendant and to prevent the defendant from doing the same act again. These are called "punitive damages." The "defendant" is the party being sued.

A criminal case is an action brought by the state against a person or corporation charged with violating the law. In criminal cases, the state is the prosecutor, while the defendant is the person charged with committing the crime. In most criminal cases on which you may be asked to serve, the crime with which the defendant is charged will be a "felony." A felony is a crime punishable by at least one year and one day in the penitentiary and may also include a fine of $5,000 or more. Sometimes, a jury will be demanded by a defendant in a misdemeanor case. A misdemeanor is a crime punishable by up to one year in the county jail or a fine of $2,000 or both.

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What is the difference between a petit and grand jury?

A petit jury is generally composed of 12 people impaneled to try a criminal or civil case. In a criminal trial, the jury must determine whether the state has presented proof beyond a reasonable doubt that the defendant is guilty. In a civil trial, the jury decides all questions of fact and determines whether the plaintiff has a valid complaint and should be awarded the relief requested.

An 18 member grand jury may be impaneled to hear evidence and to determine whether there is sufficient evidence to formally charge the defendant with committing a crime and to require an accused to stand trial. The grand jury does not determine the guilt or innocence of the accused.

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How is a petit jury selected?

A prospective juror is asked questions to determine whether he/she has knowledge of or has an interest in the case to be tried. The questioning of a prospective juror is called a "voir dire examination" and may be conducted by the judge and attorneys. Upon completion of a voir dire examination, each attorney may strike the names of jurors from the list of prospective jurors until only 12 names remain. The court may require alternate jurors to serve who shall have the same qualifications, be subject to the same examination, take the same oath, and have the same functions and powers as regular jurors. Being struck does not reflect on a juror's honesty or intelligence. There are many reasons why an attorney might prefer some jurors to others for a particular trial.

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How is a grand jury selected?

A circuit judge randomly selects the grand jury from the qualified juror pool. The grand jury may be summoned to serve one term or several short terms.

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What happens if I fail to appear?

The law in Alabama (Ala. Code 1975 12-16-82) provides that if a person fails to appear for jury duty on the date summoned, that an order shall be entered directing that person to appear in Court to show cause why he or she "shall not be adjudged guilty of contempt and punished accordingly." If you have a good excuse for not being able to attend a particular court session you should contact the Office of the Cullman County Circuit Clerk and ask for your jury service to be postponed to a later date. You CANNOT simply ignore your jury summons.

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Can my employer require me to use annual, vacation, or sick leave for jury service?

Per Section 12-16-8(b) Code of Alabama: "An employee may not be required or requested to use annual, vacation, unpaid leave, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or for time spent actually serving on a jury. Nothing in this subsection shall be construed to require an employer to provide annual, vacation, or sick leave to employees who otherwise are not entitled to the benefits under policies of the employer."

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How often am I required to serve as a juror?

Jurors are randomly selected by computer and the summonses are mailed from Montgomery. Per Section 12-16-75(b) Code of Alabama: "A juror who has served on a petit jury in this state shall not be summoned to serve again as a petit juror in any court of this state for 24 months following the last day of service."

If you receive a jury summons and it has been less than 2 years since you last served, give us a call and we will check our records to verify your previous date. If it has been less than 2 years, you will be excused from that term.

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Legal and Judicial Terms

A

• answer - the defendant's response to allegations in the civil complaint or pleading.

C

• civil case - a case that is not criminal in nature, but one that pertains to the settlement of disputes between individuals, i.e., a suit seeking the recovery of damages incurred from an automobile accident, breach of contract action, divorce case.
• circuit court - a trial court of general jurisdiction hearing all civil matters where the amount in controversy exceeds $10,000 and all criminal prosecutions involving felony offenses, as well as misdemeanors and municipal ordinance violations arising out of felonies. The district court also has original jurisdiction concurrent with the circuit court in matters where the amount in controversy exceeds $1,500 but does not exceed $10,000, and in taking non-capital felony guilty pleas before an indictment is returned.
• closing argument - a summary of the evidence presented to the jury by the attorneys on both sides of a case.
• complaint(civil) - statements by the plaintiff stating the claims he/she has against the defendant.
• complaint(criminal) - a formal statement charging an individual with a criminal offense.
• cross-examination - questioning of a witness by the opposing side.

D

• deadlock - a term used to refer to when a jury cannot reach a verdict, resulting in a mistrial.
• deposition - testimony taken under oath and outside the courtroom.
• direct examination - the first questioning of a witness by the party on whose behalf he/she is called.
• district court - a trial court of limited jurisdiction hearing all civil matters where the amount in controversy does not exceed $1,500 and all criminal prosecutions of misdemeanors, unless the misdemeanors arise out of felony charges or have had an indictment returned. District courts also have concurrent jurisdiction with the circuit court in matters where the amount in controversy exceeds $1,500 but does not exceed $10,000, and in taking non-capital felony guilty pleas before an indictment is returned. District courts also have original jurisdiction to hold preliminary hearings in felony prosecutions.

E

• evidence - any legally presented proof which may be established by witness, testimony, documents, etc.
• exhibit -a paper, document, or other object used as evidence during a trial or hearing.

F

• felony - a serious criminal offense punishable by at least one year and one day in the penitentiary and may also include a fine of $5,000 or more.

I

• indictment - a grand jury's written accusation charging a person or business with committing a crime.
• information - a written statement charging a defendant with the commission of an indictable offense, made under oath, signed and presented to the court by the district attorney without action by the grand jury.

M

• misdemeanor - a less serious criminal offense punishable by up to one year in the county jail or a fine of $2,000 or both.
• mistrial - an erroneous or invalid trial declared defective and void because of prejudicial error in the proceedings or inability of the jury to reach a verdict.
• moral turpitude crime - an offense consisting of a base or vile act or the depravation in private and social duties which man owes to his fellow man or to society in general. It is essentially an act or behavior which violates the accepted moral standards of the community.

O

• oath - a written or oral pledge to speak the truth.
• objection - a statement by an attorney opposing specific testimony or admission of evidence.
• opening statement - outline of anticipated proof presented to the jury by the attorney's at the trial's beginning.
• overrule - court's denial of a motion or objection raised to the court; when a court overrules an objection to evidence(for example, testimony), the jury may properly consider it.

P

• probable cause - a reasonable belief that a crime has or is being committed; the basis for all lawful searches and arrests.
• prosecution - act of pursuing a lawsuit or criminal trial; the prosecution in a criminal case is brought by the state through the district attorney.

R

• rebuttal - the introduction of rebutting evidence to discredit statements of opposing witnesses.
• redirect examination - follows cross-examination and is exercised by the party who first examined the witness.
• restitution - a full or partial payment of money damages to a victim or its equivalent in services or work or labor done for the victim's benefit as determined by a judge.
• "the rule" - (also known as "invoking the rule") a request made by a party to a case asking the judge to rule that material witnesses who are to give testimony must stay out of the courtroom to testify. This rule is invoked so that the witnesses will not be able to hear what has been said in the trial to ensure that they will give unbiased testimony.

S

• striking a jury - a process of selecting a trial jury where attorney's "strike" or excuse jurors until the number required remains.
• sustain - court's acceptance of any motion or objection; when a court sustains an objection to evidence(for example, testimony), the jury may not consider it.

V

• venire - the group of sworn jurors.
• verdict - the final formal trial decision made by a jury, read before the court, and accepted by the judge.
• voir dire examination - the preliminary questioning of jurors to establish their qualifications.

If there are other terms or phrases which you hear while serving as a juror that you do not understand, ask the judge to explain the term or phrase to you.

Sequence of Trial Events

1. The opening statements are made at the beginning of the trial and outline the facts expected to be presented to the jury. Opening statements are not evidence but are only explanations of what each side expects the evidence to prove.
2. After the opening statements from both sides, the plaintiff's or state's case is presented in the form of evidence.
   This presentation is intended to prove the claims made. Evidence can be testimony given by a witness at trial or a physical exhibit such as a gun or photograph. The presentation of the case begins with the plaintiff's or the district attorney's direct examination of a witness. Direct examination discloses points important to the case. Next, the defendant's attorney may cross-examine the witness to disclose facts favoring the defendant; the defendant's attorney may demonstrate there is a reason to doubt the testimony given by the witness on direct examination. Upon completion of cross-examination, the plaintiff's attorney or district attorney may, on redirect examination, clarify statements previously made by the witness.
3. The defendant's case is presented after the plaintiff's or state's case. The defendant's case presentation follows the same format as the plaintiff's or state's case.
4. After the defendant's case, the plaintiff or state may present rebuttal witnesses or evidence designed to disprove the testimony and evidence presented by the defendant.
5. Closing arguments follow evidence presentation, at which both sides summarize the case from their viewpoint. Closing arguments are not evidence but are the attorney's summaries of the evidence presented during the trial.
6. The judge's charge to the jury follows closing arguments. The charge instructs the jury on the issues to be decided and the rules of law that apply to the case.
7. After listening to the judge's oral charge, the jury retires to begin jury deliberations. Selection of a foreman is the jury's first duty. This person presides over the discussion of the case, acting as chairman and spokesman for the jury.
8. Jury deliberations generally conclude when a unanimous verdict has been reached. If the jury is unable to agree upon a verdict after lengthy deliberations, the foreman must notify the judge. If the jury cannot reach a verdict, referred to as "deadlock," a mistrial must be declared and a new jury impaneled to try the case over.

After reaching a verdict, the foreman records the verdict and calls for the bailiff to escort the jury to the courtroom. The verdict is read by the judge, circuit clerk, or foreman.

Trial Participants

A jury trial involves many people, directly or indirectly. The judge, attorneys, parties, witnesses, and jurors are all direct participants in the courtroom proceedings. The following is a description of their roles:

• The judge is an elected official who administers proceedings between the parties. The judge conducts the trial, rules on questions of law raised by the attorneys, and, at the close of the trial, instructs the jury on the law that applies to the case.
• Attorneys represent and advise the parties on the law and all aspects of the trial. They are employed by the parties or, if a defendant is indigent and unable to pay for an attorney in his/her criminal case, an attorney will be appointed by the court at state expense. The court, however, can require the defendant to reimburse the state for these costs, if he/she is able.
• The district attorney is an elected official who is the prosecutor for the state in criminal cases and represents a victim of crime.
• The parties in a civil trial are the plaintiff and the defendant; in a criminal trial, they are the state, represented by the district attorney or prosecutor, and the defendant.
• Witnesses present testimony under oath regarding what they have seen or know about the facts in the case. A witness may testify as an expert based on professional experience.
• Usually, others indirectly involved provide essential services but are not active trial participants.
• The circuit clerk is the court's business manager. This elected official is responsible for court records, issuing summonses and subpoenas, collecting court-ordered monies, and conducting other business activities.
• The sheriff, as an elected official, is the county's chief law enforcement officer. The sheriff serves summonses on witnesses, jurors, and defendants and provides court security.
• The court reporter records a word-for-word account of all court testimony and proceedings and, in the event of an appeal and upon request of one or both parties, will transcribe the record into a written transcript.
• The bailiff maintains court order and assists jurors, under the direct supervision of the Presiding Circuit Judge.