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11-48-41
Section 11-48-41 Appeals to circuit court from assessments - Conduct generally; right of jury
trial; entry of judgment and assessment of costs generally. The civil action may be tried
on the record without other pleadings, and the court shall hear all objections of the property
owners to said assessment and the amount thereof and shall determine whether or not such assessment
exceeds the increased value of such property by reason of the special benefits derived from
the improvement, and shall enter judgment accordingly. Such civil action shall be tried by
the judge without a jury, unless a jury trial is demanded at the time of filing appeal, in
which event the action shall be tried by a jury as in other civil actions. In the event the
court or jury shall not sustain the assessment for the full amount, the costs of the appeal
and trial in the circuit court shall be adjudged against the municipality. (Code 1907, §1394;
Code 1923, §2209; Acts 1927, No. 639, p. 753; Code 1940, T. 37,...
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12-11-41.1
Section 12-11-41.1 Transfer to circuit court; remand to probate court. (a) In any county where
the judge of probate is required to be learned in the law, the administration of any estate
may be removed from the probate court to the circuit court pursuant to Section 12-11-41 at
any time before a proceeding for final settlement thereof is commenced in probate court by
any heir, devisee, legatee, distributee, executor, administrator, or administrator with the
will annexed of the estate, without assigning any special equity. The circuit court shall
remand the administration of an estate transferred pursuant to this section to the probate
court if the circuit court finds that the removal was sought for the purpose of improper delay
or did not comply with applicable law. The circuit court may remand the administration of
an estate pursuant to this section to the probate court if the circuit court finds that any
of the following apply: (1) The circuit court has issued a final order or...
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12-9A-8
Section 12-9A-8 Assignment of circuit or district judges by presiding circuit judge. (a) A
presiding circuit judge, by order, may assign a circuit or district court judge who is within
the circuit to serve within the circuit or within the district courts of the circuit. Before
assigning a judge, the presiding circuit judge shall evaluate the needs of the circuit, including
the currency, congestion, and backlog of criminal and civil cases. (b) Assignments of judges
by the presiding circuit judge shall be in writing and shall be sent to the assigned judge
as soon as practicable. The presiding judge or the judge's designee may notify the assigned
judge orally of the assignment. An oral notification of an assignment is sufficient until
a written notification can be prepared and delivered to the assigned judge. A copy of each
written assignment shall be filed with the Administrative Director of Courts and in the office
of the clerk or register of the court to which the assignment is made....
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45-45-81.50
Section 45-45-81.50 Salary supplement. Each supernumerary court reporter of the Twenty-third
Judicial Circuit in Madison County, Alabama, is hereby entitled to and shall be paid a county
salary supplement in an amount equal to 40 percent of his or her annual salary as paid by
the State of Alabama. Such county supplement shall be in addition to any and all other compensation
or expense allowances heretofore provided by law for such reporters. The supplement shall
be paid in equal monthly installments from the county treasury of Madison County. (Act 88-299,
p. 459, § 1.)...
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12-17-1
Section 12-17-1 County court personnel serving district and circuit courts to become employees
of state; court personnel subject to benefits and regulations of merit and retirement systems;
settlement of disputes regarding which persons are court personnel. (a) County personnel.
- All full-time county personnel, including all persons for whom funding is provided by the
unified judicial budget, serving the district and circuit courts, other than sheriff's deputies
and employees and building maintenance and security personnel, shall become employees of the
State of Alabama on October 1, 1977. No such personnel so employed as of August 26, 1976 shall
be deemed to be ineligible to continue as an employee of the respective courts by virtue of
or by operation of the provisions of Section 41-1-5, nor shall such person be deemed to be
in violation of the provisions of Section 41-1-5. (b) Merit and retirement systems. - Except
as otherwise provided by law or rule, all court personnel employed...
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12-17-4
Section 12-17-4 State assumption of retirement and other employee benefits. (a) Retirement.
- Employees of the circuit and district court, hereinafter "eligible employees,"
shall, on the date they join or joined the state personnel system, be covered by the Employees'
Retirement System of Alabama; provided, that an employee who on that date is covered by a
local retirement system may by written notice filed within 30 days prior to the date the employee
joins the state personnel system, with the Comptroller, elect to retain instead membership
in the local retirement plan; provided further, that any employee joining the state personnel
system on or before October 1, 1977, shall have the right to make such election within 30
days prior to October 1, 1977. Upon election of an employee, the Comptroller shall pay to
such local government plans the employer retirement contribution attributable to employees
electing to retain local plan membership; provided, that such employer contribution...
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12-18-6
Section 12-18-6 Eligibility for retirement of justices of Supreme Court, judges of courts of
appeals and judges of circuit courts. (a) The Chief Justice or any associate justice of the
Supreme Court, any judge of the Court of Civil Appeals or any judge of the Court of Criminal
Appeals serving on September 18, 1973, who elects to become a member of the retirement system
hereby established, and any such justice or judge assuming such office after September 18,
1973, may elect to be retired pursuant to this article if he: (1) Has served as much as five
years as a justice of the Supreme Court or as a judge of one of the courts of appeals or as
a judge of the circuit court or any two or more of them consecutively and has become permanently
physically or mentally unable to carry out his duties on a full-time basis, proof of such
disability being made by certificate of three reputable physicians; (2) Has served for 12
years as a justice of the Supreme Court or as a judge of one of the courts...
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45-45-81.03
Section 45-45-81.03 Circuit court clerk - Deputy and personnel appointed to consolidate offices
from Madison County Court. The Clerk of the Twenty-third Judicial Circuit shall appoint the
person now serving as Clerk of the Madison County Court as a deputy circuit court clerk. The
person shall serve as a deputy circuit court clerk under the Madison County Personnel Act,
provided that the compensation of the person shall be no less than the annual compensation
being received on November 1, 1973. Upon the death, resignation, or removal from office of
such deputy clerk, the office shall be eliminated and abolished. The circuit court clerk shall
also appoint administrative or clerical personnel serving in the Madison County Court or any
successor court on November 1, 1973, in like capacities. Such personnel shall be compensated
under the Madison County Personnel Act. (Acts 1973, No. 1040, p. 1627, § 4.)...
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11-42-69
Section 11-42-69 Trial and entry of judgment by circuit court; appeals from judgment of circuit
court; endorsement on map by probate judge where no appeal from judgment of probate court.
(a) If on the trial in the circuit court it be adjudged that the requisite facts did exist
subjecting the land and property having a situs thereon to taxation by the city, a judgment
shall be entered adjudging that the land and property having a situs thereon be, and the same
is, subject to taxation by the city and that the taxes thereon shall be paid to the city.
If it be adjudged that the requisite facts did not exist, a judgment shall be entered adjudging
that the land and property having a situs thereon is not subject to taxation by the city,
and the cost of appeal and of contest shall be adjudged against the losing party. (b) Either
the city or the property owner may appeal from the judgment of the circuit court to the supreme
court within the time and in the same manner as is provided by the...
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12-11-30
Section 12-11-30 Generally. (1) CIVIL. The circuit court shall have exclusive original jurisdiction
of all civil actions in which the matter in controversy exceeds twenty thousand dollars ($20,000),
exclusive of interest and costs, and shall exercise original jurisdiction concurrent with
the district court in all civil actions in which the matter in controversy exceeds six thousand
dollars ($6,000), exclusive of interest and costs. (2) CRIMINAL. The circuit court shall have
exclusive original jurisdiction of all felony prosecutions and of misdemeanor or ordinance
violations which are lesser included offenses within a felony charge or which arise from the
same incident as a felony charge; except, that the district court shall have concurrent jurisdiction
with the circuit court to receive pleas of guilty in felony cases not punishable by sentence
of death. The circuit court may, on conviction of a defendant, upon a showing of inability
to make immediate payment of fine and costs,...
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