Section 20-9-509 - Poll of jury in open court - Persons present(a) The juries shall not be polled otherwise than in open court.(b)(1) In felony cases they shall not be polled unless the defendant is present in open court.(2) In all other cases, the respective parties, either the state or the defendant in criminal cases or the plaintiff or the defendant in civil cases, may waive their presence at the time the jury is polled.Acts 1955, ch. 239, § 2; T.C.A., § 20-1325.