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18-2-19
Section 18-2-19 Appeal from assessment of damages to circuit court. From any assessment
of damages made or had under this chapter, the landowner, if dissatisfied, is entitled to
an appeal, as matter of right, to the circuit court of the county, and on such an appeal to
a trial de novo by jury, such appeal to be taken within 20 days after the application is granted,
on giving security for the costs of the appeal, to be approved by the judge of probate. Upon
the giving of such security, the judge of probate must file in the office of the clerk of
the circuit court a full and complete transcript of all the proceedings, including the inquest
of the jury, within 10 days after such appeal is taken. (Code 1886, §3206; Code 1896, §1748;
Code 1907, §3909; Code 1923, §7528; Code 1940, T. 19, §54.)...
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26-10A-26
Section 26-10A-26 Appeals. (a) Appeals from any final decree of adoption shall be taken
to the Alabama Court of Civil Appeals and filed within 14 days from the final decree. (b)
An appeal from any final order or decree rendered under this chapter shall have priority in
all courts and shall have precedence over all other matters, except for other matters which
have been given priority by specific statutory provision or rule of court. The trial court
may enter further orders concerning the custody of the adoptee pending appeal. (c) If an order,
judgment, or decree rendered under this chapter is appealed, the party who files the appeal
shall cause notice of the appeal to be transmitted to all persons entitled to receive notice
pursuant to Section 26-10A-17, except for persons for whom consent or relinquishment
has been implied under Section 26-10A-9 or whose consent or relinquishment is not required
under Section 26-10A-10. Such notice of appeal shall set forth the pendency of the
appeal...
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6-5-693
Section 6-5-693 Bankruptcy trust information. (a) A plaintiff in an asbestos action
need not comply with Section 6-5-692 if, within 90 days after the plaintiff files an
asbestos action, the plaintiff files all available asbestos trust claims and provides the
parties with all trust claim materials available to the plaintiff or plaintiff's counsel in
relation to the plaintiff's exposure to asbestos. This section does not apply if the
plaintiff complies with Section 6-5-692. (b) A plaintiff has a continuing duty to supplement
the information and materials provided under subsection (a) within 30 days after the plaintiff
supplements an asbestos trust claim, receives additional information or materials related
to an asbestos trust claim, or files an additional trust claim. (c) Not less than 60 days
before trial, if a defendant presents evidence that the plaintiff has not filed all available
asbestos trust claims, as required under subsection (a), the defendant may move the court
for an order...
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12-11A-4
Section 12-11A-4 Trial without jury; powers of private judge; immunity; procedures.
(a) A trial conducted by a private judge shall be conducted without a jury. (b) A person who
serves as a private judge has, for each case the private judge hears, the same powers as the
judge of a circuit court in relation to the following: (1) Court procedure. (2) Deciding the
outcome of the case. (3) Attendance of witnesses. (4) Punishment of contempt. (5) Enforcement
of orders. (6) Administering oaths. (7) Giving all necessary certificates for the authentication
of the records and proceedings. (c) A person appointed as a private judge pursuant to the
terms of this chapter shall have immunity in the same manner and to the same extent as a judge
in the State of Alabama. (d) All proceedings in an action heard by a private judge are of
record and must be: (1) Filed with the clerk of the circuit court in the county of proper
venue under the Alabama Rules of Civil Procedure. (2) Made available to the...
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15-17-5
Section 15-17-5 Grounds for granting new trials; costs thereof. (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 state or any order of court or abuse
of discretion by which the defendant was prevented from having a fair trial; (2) Misconduct
of the jury or state; (3) Accident or surprise which ordinary prudence could not have guarded
against; (4) That the verdict or decision is not sustained beyond a reasonable doubt or is
contrary to law; (5) Newly discovered evidence, material for the party applying, which he
could not with reasonable diligence have discovered and produced at the trial; and (6) Error
of law occurring at the trial properly preserved by the party making the application. (b)
The court, in granting new trials, may allow the same at the costs of the party applying therefor
or in the costs abiding the event of the case, or a portion of the costs, as the...
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26-17A-1
Section 26-17A-1 Reopening of paternity case. (a) Upon petition of the defendant in
a paternity proceeding where the defendant has been declared the legal father, the case shall
be reopened if there is scientific evidence presented by the defendant that he is not the
father. The court shall admit into evidence any scientific test recognized by the court that
has been conducted in accordance with established scientific principles or the court may order
a blood test, or a Deoxyribose Nucleic Acid test of the mother, father, and child. Whenever
the court orders a test and any of the persons to be tested refuse to submit to the test,
the fact shall be disclosed at the trial, unless good cause is shown. (b) The test shall be
made by a qualified expert approved by the court. The expert may be called by the court or
any party as a witness to testify to the test results and shall be subject to cross-examination
by the parties. The test results may be admitted into evidence. If more than one...
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31-2A-64
Section 31-2A-64 (Article 64.) Review by the Senior Judge Advocate. (a) Each general
and special court-martial case in which there has been a finding of guilty shall be reviewed
by the senior judge advocate, or a designee for the convening authority. The senior judge
advocate, or designee, may not review a case under this subsection if that person has acted
in the same case as an accuser, investigating officer, member of the court, military judge,
or counsel or has otherwise acted on behalf of the prosecution or defense. The senior judge
advocate's review shall be in writing and shall contain all of the following: (1) Conclusions
as to whether: a. The court had jurisdiction over the accused and the offense. b. The charge
and specification stated an offense. c. The sentence was within the limits prescribed as a
matter of law. (2) A response to each allegation of error made in writing by the accused.
(3) If the case is sent for action under subsection (b), a recommendation as to the...
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32-5A-308
Section 32-5A-308 Judicial review. Within 30 days of the issuance of the final determination
of the department following a hearing under Section 32-5A-307, a person aggrieved by
the determination shall have the right to file a petition in the circuit court of the county
where the arrest was made for judicial review. The appeal shall be taken by serving written
notice of the appeal upon the director, which service shall be made by delivering a copy of
the notice to the director in Montgomery, Alabama, and filing the original thereof with the
clerk of the court to which the appeal is taken. The court shall set the matter for hearing
upon 30 days' written notice to the director. At the hearing, the court may take testimony
and examine the facts of the case. After the hearing, the court may either reverse or sustain
the final determination of the department. The filing of a petition for judicial review shall
not stay the suspension order. (Acts 1996, No. 96-322, p. 388, §9; Act 99-598, p....
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10A-1-7.14
Section 10A-1-7.14 Appeal from revocation. (a) A foreign entity may appeal the Secretary
of State's revocation of its registration to the Circuit Court of Montgomery County within
30 days after service of the certificate of revocation is perfected under Section 10A-1-7.13.
The foreign entity appeals by petitioning the court to set aside the revocation and attaching
to the petition copies of the Secretary of State's acknowledgment of its application for registration
or statement of foreign limited liability partnership, as applicable, and the Secretary of
State's certificate of revocation. (b) The court may summarily order the Secretary of State
to reinstate the registration, may order a trial de novo, or may take any other action the
court considers appropriate. (c) The court's final decision may be appealed as in other civil
proceedings. (Acts 1994, No. 94-245, p. 343, §1; §10-2B-15.32; amended and renumbered by
Act 2009-513, p. 967, §61; Act 2018-125, §3.)...
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40-10-25
Section 40-10-25 Appeal from decree. From any decree rendered by the probate court for
the sale of real estate for the payment of taxes, the defendant in the cause or the state,
in behalf of itself and the county, may appeal to the circuit court of the county within 30
days after the rendition of the decree. If the defendant appeals, he must execute a bond in
double the amount of the decree, payable to the State of Alabama, with sufficient surety to
be approved by the judge of probate, and conditioned that he will prosecute the appeal to
effect and pay such judgment as the appellate court may render thereon; but the state shall
not be required to execute any bond. The district attorney shall represent the state on such
appeal, and of the pendency thereof the judge of probate must give him notice in writing;
and on appeal by the state, notice thereof shall be given the defendant, as in other cases
of appeal from the court to the circuit court, such appeal must be tried de novo, upon an...
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