12-20-31
Section 12-20-31 Substitution of lost, etc., papers or records in civil cases - Appeal from
court order or decree granting or denying. From any order of a circuit or district court or
probate court granting or refusing substitution under this article, an appeal lies to the
appropriate appellate court as from final judgments or decrees in civil cases. From an order
of a district court, an appeal to the circuit court lies as in other cases, and the trial
is de novo. (Code 1867, §651; Code 1876, §558; Code 1886, §659; Code 1896, §2652; Code
1907, §5744; Code 1923, §10137; Code 1940, T. 7, §13.)...
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35-9A-461
Section 35-9A-461 Landlord's action for eviction, rent, monetary damages, or other relief.
(a) A landlord's action for eviction, rent, monetary damages, or other relief relating to
a tenancy subject to this chapter shall be governed by the Alabama Rules of Civil Procedure
and the Alabama Rules of Appellate Procedure except as modified by this chapter. (b) District
courts and circuit courts, according to their respective established jurisdictions, shall
have jurisdiction over eviction actions, and venue shall lie in the county in which the leased
property is located. Eviction actions shall be entitled to precedence in scheduling over all
other civil cases. (c) Service of process shall be made in accordance with the Alabama Rules
of Civil Procedure. However, if a sheriff, constable, or process server is unable to serve
the defendant personally, service may be had by delivering the notice to any person who is
sui juris residing on the premises, or if after reasonable effort no person is...
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37-2-113
Section 37-2-113 Orders of commission - Remedy for noncompliance. The Public Service Commission
must notify the district attorney of the proper circuit and the Attorney General of the failure
of any railroad company or person operating a railroad to comply with any order made by such
commission for the erection of sitting or waiting rooms, within 60 days after the expiration
of the period within which such sitting or waiting rooms are to be erected; and thereupon,
it shall be the duty of the district attorney, under the direction of the Attorney General,
to bring a civil action in the name of the State of Alabama, or take other appropriate steps
in the circuit court, or before the judge of the circuit court to compel the erection of such
sitting or waiting rooms. For the purpose of entertaining, hearing, and deciding such cases,
the circuit court shall be always open, and the circuit judge may make all needful orders
and issue all writs and process. If the person or corporation...
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15-22-36
Section 15-22-36 Authority to grant pardons and paroles, remit fines and forfeitures, etc.;
notice of board action. (a) In all cases, except treason and impeachment and cases in which
sentence of death is imposed and not commuted, as is provided by law, the Board of Pardons
and Paroles, after conviction and not otherwise, may grant pardons and paroles and remit fines
and forfeitures. (b) Each member of the Board of Pardons and Paroles favoring a pardon, parole,
remission of a fine or forfeiture, or restoration of civil and political rights shall enter
in the file his or her reasons in detail, which entry and the order shall be public records,
but all other portions of the file shall be privileged. (c) No pardon shall relieve one from
civil and political disabilities unless specifically expressed in the pardon. No pardon shall
be granted unless the prisoner has successfully completed at least three years of permanent
parole or until the expiration of his or her sentence if his or her...
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3-5-12
Section 3-5-12 Proceedings for recovery of livestock or animal by owner; determination of validity
of seizure, amount of damages, etc., where owner unknown, etc.; fees and costs of district
court judge and officer making seizure; appeals from judgment of district court. (a) The owner
of any livestock or animal which has been seized shall have the right to possession of the
same by paying such judgment and the costs thereof or, if no judgment has been entered, by
paying such damages as may be agreed upon together with fees and costs and expenses due on
account of such seizure to the person or officer so seizing such livestock or animal or to
the person who may at the time of such payment have such livestock or animal in his possession
and by paying to the court the costs of the court incurred to the time of such payment. Should
the parties be unable to agree upon the amount of damages, fees, costs and expenses due, either
party shall have the right to go before any district court judge...
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12-12-70
Section 12-12-70 Right of appeal and procedure for appeals generally; dismissal for failure
to appear. (a) Civil cases. Any party may appeal from a final judgment of the district court
in a civil case by filing notice of appeal in the district court, within 14 days from the
date of the judgment or the denial of a posttrial motion, whichever is later, or, if the appeal
is to an appellate court, within the time prescribed by the Alabama Rules of Appellate Procedure
or the Alabama Rules of Juvenile Procedure where applicable, together with security for costs
as required by law or rule. (b) Criminal cases. A defendant may appeal from a final judgment
of the district court in a criminal or quasi-criminal case by filing notice of appeal within
14 days from the date of judgment or from the date of denial of a post-trial motion, whichever
is later, together with such bond as may be fixed by the court, conditioned upon the defendant's
appearance before the circuit court; provided, however, that...
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12-22-133
Section 12-22-133 Retention of jurisdiction by trial court. Where an appeal is taken from the
judgment of any municipal, district or circuit court in criminal cases, the trial court retains
jurisdiction for the purpose of granting a motion for a new trial and also retains jurisdiction
for the purpose of enforcing its judgment where the appeal is dismissed before the judgment
of the appellate court is entered. (Code 1923, §3251; Code 1940, T. 15, §382.)...
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12-22-10
Section 12-22-10 Grant or refusal of motion for new trial. Either party in a civil case, or
the defendant in a criminal case, may appeal to the appropriate appellate court from an order
granting or refusing a motion for a new trial by the circuit court. (Code 1896, §434; Code
1907, §2846; Acts 1915, No. 656, p. 722; Code 1923, §6088; Code 1940, T. 7, §764; Acts
1949, No. 57, p. 81.)...
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6-6-351
Section 6-6-351 Writs of restitution or possession - Suspension upon payment of rent by defendant.
(a) Notwithstanding any other provisions of law or of the Alabama Rules of Civil Procedure,
in cases of forcible entry or unlawful detainer, an appeal to circuit court or to appellate
court does not prevent the issue of a writ of restitution or possession unless the defendant
pays to the clerk of the district court all rents called for under the terms of the lease,
since the date of the filing of the action and continues to pay all rent that becomes due
and payable under the terms of the lease as they become due, during the pendency of the appeal,
and the sums are to be ascertained by the judge. (b) If the defendant should fail to make
any payments as they become due under subsection (a), the court shall issue a writ of restitution
or possession and the plaintiff shall be placed in full possession of the premises. (c) Upon
disposition of the appeal, the court shall direct the clerk as to...
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45-2-80.81
Section 45-2-80.81 Costs taxes in cases filed in the circuit court or juvenile court. In order
to provide a special fund for the creation and maintenance of the library and for the purposes
of judicial administration as further specified in this subpart, there shall be taxed as costs
the sum of fifteen dollars ($15) in each civil or quasi-civil action at law, suit in equity,
criminal case, quasi-criminal case, juvenile court case, proceeding on a forfeited bond bail,
or a proceeding on a forfeited bond given in connection with an appeal from a judgment of
conviction in any district or municipal court to each circuit court or to the juvenile court
hereinafter filed in, arising in, or brought by appeal, certiorari, or otherwise to the Circuit
Court or to the Juvenile Court of Baldwin County. The costs shall be collected as other costs
in cases are collected by the clerk of the court and shall be paid to the Baldwin County Commission.
(Acts 1956, 1st Ex. Sess., No. 92, p. 138, §2; Act...
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