28-4-276
Section 28-4-276 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Authorization and procedure generally. Any party may appeal within 14
days from the date of final judgment or denial of a post-trial motion, whichever is later,
any judgment entered under the provisions of this article in any district court, such appeal
to be taken in behalf of the state to the circuit court by the district attorney by filing
a notice of appeal with the judge of the district court. (Acts 1909, No. 191, p. 63; Acts
1915, No. 2, p. 8; Code 1923, §4762; Code 1940, T. 29, §231.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-276.htm - 919 bytes - Match Info - Similar pages

6-5-642
Section 6-5-642 Appeal of certification order. A court's order certifying a class or refusing
to certify a class action shall be appealable in the same manner as a final order to the appellate
court which would otherwise have jurisdiction over the appeal from a final order in the action.
Such appeal may only be filed within 42 days of the order certifying or refusing to certify
the class. The filing of such appeal, the failure to file an appeal, or the affirmance of
the certification or denial order shall in no way affect the right of any party, after the
entry of final judgement, to appeal the earlier certification of, or refusal to certify, the
class. If the appeal is not the first appeal taken by the party, the subsequent appeal shall
be based upon the record at the time of final judgment and shall be considered by the court
only to the extent that either the facts or controlling law relevant to certification have
changed from that which existed or controlled at the time of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-642.htm - 2K - Match Info - Similar pages

10A-21-3.03
Section 10A-21-3.03 Entry of not guilty plea for corporation failing to appear, etc. If the
defendant corporation fails to appear and plead to the indictment, the court must cause the
plea of not guilty to be entered for it, and the trial shall proceed as if the corporation
had appeared and pleaded not guilty; but, in such case, proof must be made to the court that
the person upon whom the notice and copy of the indictment were served was an officer or agent
of the corporation authorized by law to receive such service. (Code 1896, §5318; Code 1907,
§6626; Code 1923, §3729; Code 1940, T. 10, §201; §10-7-3; amended and renumbered by Act
2009-513, p. 967, §360.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-21-3.03.htm - 1002 bytes - Match Info - Similar pages

12-13-11
Section 12-13-11 Grounds for granting new trials; costs therefor. (a) On motion filed within
30 days from entry of judgment, a new trial may be granted for the following grounds: (1)
Irregularity in the proceedings of the court, jury or prevailing party, or any order of court,
or abuse of discretion, by which the party was prevented from having a fair trial. (2) Misconduct
of the jury or prevailing party. (3) Accident or surprise, which ordinary prudence could not
have guarded against. (4) Excessive or inadequate damages. (5) Error in the assessment of
the amount of recovery, whether too large or too small where the action is upon a contract
or for the injury or detention of property. (6) The verdict or decision is not sustained by
the great preponderance of the evidence or is contrary to law. (7) Newly discovered evidence,
material for the party applying, which he could not, with reasonable diligence, have discovered
and produced at the trial. (8) Error of law occurring at the trial...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-13-11.htm - 1K - Match Info - Similar pages

12-14-71
Section 12-14-71 Appeals from judgments of circuit courts and proceedings thereon. From the
judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or
the defendant in any case, may appeal to the court of criminal appeals in like manner as in
cases of appeals for convictions of violation of the criminal laws of the state. If the appeal
is taken by the municipality, it shall not be required to give surety for the cost of appeal.
When taken by the defendant, he may give bail with sufficient sureties, conditioned that he
will appear and abide by the judgment of the appellate court; and, failing to give bail, he
must be committed to the municipal jail, but he may give such bail at any time pending the
appeal. When an appeal is taken by the defendant, bail is given pending the appeal and the
judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the
undertaking of bail to surrender himself to the municipal authorities within...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-14-71.htm - 2K - Match Info - Similar pages

12-21-220
Section 12-21-220 Right of defendant to be witness; effect of prosecution's comment on defendant's
failure to testify. On the trial of all indictments, complaints or other criminal proceedings,
the person on trial shall, at his own request, but not otherwise, be a competent witness,
and his failure to make such a request shall not create any presumption against him nor be
the subject of comment by counsel. If the district attorney makes any comment concerning the
defendant's failure to testify, a new trial must be granted on motion filed within 30 days
from entry of the judgment. (Code 1886, §4473; Code 1896, §5279; Code 1907, §7894; Code
1923, §5632; Code 1940, T. 15, §305; Acts 1949, No. 124, p.150.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-220.htm - 1K - Match Info - Similar pages

12-21-240
Section 12-21-240 Attendance of witnesses - Generally. Witnesses must be subpoenaed to attend
court on the day on which the case is set for trial in which they are subpoenaed as witnesses
and to attend from day to day until discharged by law by the court or by the party by whom
they are summoned as witnesses. Witnesses appearing on a given date may be ordered by the
court to attend court on a subsequent day fixed or named by the court. (Code 1852, §666;
Code 1867, §4218; Code 1876, §4924; Code 1886, §4461; Code 1896, §5285; Code 1907, §7882;
Code 1923, §5620; Acts 1931, No. 575, p. 668; Code 1940, T. 15, §295.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-240.htm - 961 bytes - Match Info - Similar pages

13A-5-44
Section 13A-5-44 Jury selection and separation; waiver by defendant of jury participation in
sentence hearing. (a) The selection of the jury for the trial of a capital case shall include
the selection of at least two alternate jurors chosen according to procedures specified by
law or court rule. (b) The separation of the jury during the pendency of the trial of a capital
case shall be governed by applicable law or court rule. (c) Notwithstanding any other provision
of law, the defendant with the consent of the state and with the approval of the court may
waive the participation of a jury in the sentence hearing provided in Section 13A-5-46. Provided,
however, before any such waiver is valid, it must affirmatively appear in the record that
the defendant himself has freely waived his right to the participation of a jury in the sentence
proceeding, after having been expressly informed of such right. (Acts 1981, No. 81-178, p.
203, §6.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-5-44.htm - 1K - Match Info - Similar pages

43-2-641
Section 43-2-641 Authorization to make distribution - Distribution by court after six months
from grant of letters. (a) The court may also, in case of intestacy, make an order of distribution
out of the assets of the decedent, on the application of any person entitled to distribution,
after six months from the grant of letters. (b) The order of the court, made after six months
from the grant of letters on the application of any legatee or person entitled to distribution,
is a protection to the executor or administrator, to the extent of the amount or value of
the legacy or share ordered to be paid or distributed. (Code 1852, §§1778, 1789; Code 1867,
§§2105, 2116; Code 1876, §§2482, 2493; Code 1886, §§2199, 2209; Code 1896, §§267,
277; Code 1907, §§2725, 2735; Code 1923, §§5964, 5974; Acts 1931, No. 727, p. 841; Code
1940, T. 61, §§366, 376.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-641.htm - 1K - Match Info - Similar pages

6-5-546
Section 6-5-546 Venue of actions; transfer. In any action for injury or damages or wrongful
death whether in contract or in tort against a health care provider based on a breach of the
standard of care, the action must be brought in the county wherein the act or omission constituting
the alleged breach of the standard of care by the defendant actually occurred. If plaintiff
alleges that plaintiff's injuries or plaintiff's decedent's death resulted from acts or omissions
which took place in more than one county within the State of Alabama, the action must be brought
in the county wherein the plaintiff resided at the time of the act or omission, if the action
is one for personal injuries, or wherein the plaintiff's decedent resided at the time of the
act or omission if the action is one for wrongful death. If at any time prior to the commencement
of the trial of the action it is shown that the plaintiff's injuries or plaintiff's decedent's
death did not result from acts or omissions...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-546.htm - 1K - Match Info - Similar pages