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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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
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30-4-58
Section 30-4-58 Issuance of order for temporary support of wife or children pending trial,
appeal, etc. At any time before or at the trial or pending an appeal to the circuit court,
upon motion of the complainant and upon notice to the defendant, no formal notice being necessary
if the defendant be present in court and informed of said motion, the judge of said court
may enter such temporary orders as may seem just, providing for the support of the neglected
wife or children, or both, pendente lite, and may punish violations of such order as contempt
of court, as provided by law for the punishment of contempts of the court in which such case
is pending. (Acts 1919, No. 181, p. 176; Code 1923, §4487; Code 1940, T. 34, §97.)...
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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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15-12-21
Section 15-12-21 Appointment and compensation of counsel - Trial court. (a) If it appears to
the trial court that an indigent defendant is entitled to counsel, that the indigent defendant
does not expressly waive the right to assistance of counsel, and that the indigent defendant
is not able financially or otherwise to obtain the assistance of counsel through another indigent
defense system for the circuit, the court shall appoint counsel to represent and assist the
defendant. It shall be the duty of the appointed counsel, as an officer of the court and as
a member of the bar, to represent and assist the indigent defendant to the best of his or
her ability. (b) If it appears to the trial court in a delinquency case, need of supervision
case, or other judicial proceeding in which a juvenile is a party, that the juvenile is entitled
to counsel and that the juvenile is not able financially or otherwise to obtain the assistance
of counsel or that appointed counsel is otherwise required by...
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6-7-30
Section 6-7-30 Proceedings when defendant involved in bankruptcy. In any civil action in any
court in this state in which the defendant has been adjudicated a bankrupt, in which a defendant
has filed a petition in bankruptcy or against whom a petition in bankruptcy has been filed,
it shall be the duty of the court in which such civil action is pending to proceed with the
trial of such action, if leave to do so is granted by the bankruptcy court, and to enter judgment
in accordance with the law and the evidence in the case. The court in which such civil action
is pending shall also have authority, and it shall be its duty, to grant such stay of execution
against such defendant as may be appropriate or as may be provided for in the order of the
bankruptcy court, or to embody in the judgment entered in such case such provision as may
be appropriate, or as may be provided in the order of said bankruptcy court, so as to limit
the manner of enforcement of said judgment, or so as to limit the...
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12-16-13
Section 12-16-13 Charges moved for by parties; appeals; general charges. Charges moved for
by either party must be in writing and must be given or refused in the terms in which they
are written, and it is the duty of the judge to write "given" or "refused,"
as the case may be, on the document and sign his name thereto, which thereby becomes a part
of the record. Charges which are marked "given" by the trial judge must be taken
by the jury with them on retirement, and those "refused" must be retained by the
clerk. The court shall, after the conclusion of his charge to the jury, read such written
charges as he has given for the parties in a clear and audible voice, saying to the jury,
"these are instructions given you by the court at the request of the plaintiff or defendant,
as the case may be, and are correct statements of the law to be taken by you in connection
with what has already been said to you." The refusal of a charge, though a correct statement
of the law, shall not be cause...
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12-21-202
Section 12-21-202 Exclusion of audience where evidence vulgar, etc. In all prosecutions for
rape and assault with intent to ravish, the court may, in its discretion, exclude from the
courtroom all persons, except such as may be necessary in the conduct of the trial; and, in
all other cases where the evidence is vulgar, obscene or relates to the improper acts of the
sexes and tends to debauch the morals of the young, the presiding judge shall have the right,
by and with the consent and agreement of the defendant, in his discretion and on his own motion,
or on the motion of the plaintiffs or defendants or their attorneys, to hear and try the said
case after clearing the courtroom of all or any portion of the audience whose presence is
not necessary. (Code 1907, §4019; Code 1923, §7733; Code 1940, T. 15, §320.)...
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