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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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13A-5-8.1
Section 13A-5-8.1 Termination from alternative programs. If a defendant is participating in
a court supervised evidence-based treatment program, as that term is defined in Section 12-25-32,
a court ordered faith-based program, or any other court ordered rehabilitative program and
is subsequently terminated from that program, the court may then order that the defendant
be confined in either a prison, jail-type institution, treatment institution, or a consenting
community corrections program. The court shall impose a sentence length that complies with
either Section 13A-5-6, Section 13A-5-9, or the sentencing guidelines, whichever is applicable.
Nothing in this section shall preclude the court from imposing a split sentence under Section
15-18-8 or from suspending a sentence under Section 15-22-50. Nothing in this section shall
limit the court's discretion with regard to any defendant ordered to participate in a court
supervised evidence-based treatment program, as that term is defined...
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22-52-15
Section 22-52-15 Appeals. An appeal from an order of the probate court granting a petition
seeking to commit a respondent to the custody of the department or designated mental health
facility as the court may order lies to the circuit court for trial de novo unless the probate
judge who granted the petition was learned in the law, in which case the appeal lies to the
Alabama Court of Civil Appeals on the record. Notice of appeal shall be given in writing to
the probate judge within five days after the respondent has received actual notice of the
granting of the petition and shall be accompanied by security for costs, to be approved by
the probate judge, unless the probate judge finds that the respondent is indigent, in which
case no security for costs shall be required. Upon the filing of a notice of appeal, the probate
judge shall determine and enter an order setting forth the limitations to be placed upon the
liberty of the respondent pending the appeal. Upon the filing of a notice...
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26-2A-36
Section 26-2A-36 Appeals. Appellate review, including the right to appellate review, interlocutory
appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record
on appeal, briefs, arguments, and power of the appellate court, is governed by Title 12, Chapter
22, and the Alabama Rules of Appellate Procedure, as applicable, but in proceedings in which
jury trial has been had as a matter of right the rules applicable to the scope of review in
jury cases apply. (Acts 1987, No. 87-590, p. 975, §1-307.)...
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35-6-44
Section 35-6-44 Proceedings against unknown persons and certain other parties defendant. When
it is necessary to make any persons defendant to a petition in the probate court filed for
the partition of property or for a sale thereof because it cannot be equitably divided, and
the names of all or any of such persons are unknown to the petitioner and cannot be ascertained
on diligent inquiry, if the petitioner shall state in a petition, or in an affidavit thereto
annexed, that the names of such persons are unknown, and that he has made diligent inquiry
to ascertain the same, proceedings may be had against them without naming them; and the judge
of probate must make publication as in case of nonresident defendants, describing such unknown
parties as near as may be by the character in which they are sued, and with reference to their
title or interest in the property sought to be partitioned or to be sold for division of the
proceeds. Should petitioner, after exercising reasonable diligence...
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37-1-123
Section 37-1-123 Record or transcript of proceedings before commission. Within 30 days after
the perfecting of the appeal and sooner if practicable, the Public Service Commission, through
its president or any member thereof, or its secretary, shall certify to the appellate court
under the seal of the commission a complete record or transcript of all the proceedings had
before it, including all orders and pleadings together with a transcript of all oral testimony,
and the original or a transcript of all documentary evidence taken in the proceeding in which
the order appealed from was made. The time for certifying said transcript to said appellate
court may be extended by an order of the judge thereof, for good cause shown. (Acts 1909,
No. 42, p. 96; Code 1923, §9833; Code 1940, T. 48, §83.)...
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37-1-143
Section 37-1-143 Review of case to be upon certified record or transcript; remand of case to
commission for additional proceedings; employment of special masters, accountants, consultants,
etc., by chief justice. The court shall review the case upon the certified record or transcript
of the commission, and no new or additional evidence shall be introduced or oral testimony
heard, but the court may, in advance of its judgment, remand the case to the commission for
the purpose of taking additional testimony or other proceedings. In the event the court, in
advance of its judgment, does not remand the case to the commission for the purpose of taking
additional testimony or other proceedings, then the court shall have up to 180 days from the
date the case is submitted to the court to render its judgment. For the purpose of carrying
out the provisions of this subdivision 2, the chief justice of the supreme court, with the
advice and consent of the supreme court, is hereby authorized to...
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12-1-11
Section 12-1-11 Appeal to appellate court by attorney or officer from judgment of contempt.
Any attorney or officer who is ordered to be punished for a contempt in the circuit court
may appeal to the appropriate appellate court and may stay the execution of any fine or sentence
imposed by the execution of a bond, payable to the state, with two sufficient sureties, to
be approved by the tribunal appealed from, in a penalty to be fixed by said tribunal, not
exceeding $300.00, conditioned to pay the fine and costs, in case of affirmance in whole or
in part. The appellant shall be entitled to bail in such cases upon the execution of an appearance
bond, with two or more such sureties, in the penalty of $300.00, payable to the state, conditioned
to appear in the court to which his appeal is prosecuted and to abide the result of such appeal,
which maybe approved by the sheriff or other officer in whose custody the appellant may be.
On such appeal the question shall be whether the appellant...
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13A-12-200.7
Section 13A-12-200.7 Civil action to enjoin violations; hearing; procedures; precedence over
other matters. (1) When there is reason to believe that any person is violating or is about
to violate any of the provisions of this division, the Attorney General or district attorney
may initiate a civil action in the circuit court in the name of the State of Alabama against
such person for preliminary and permanent injunctive relief, to prevent or enjoin the violation.
The Alabama Rules of Civil Procedure shall apply to the extent that such rules are not inconsistent
with this section; provided, however, that no temporary restraining order shall be issued
pursuant to this section. No bond shall be required of the official bringing the action and
the official, the political subdivision and the officers, agents, and employees of the political
subdivision shall not be liable for costs or damages, other than court costs, by reason of
injunctive orders not being granted or where judgment is...
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14-6-22
Section 14-6-22 Misdemeanant required to pay costs of incarceration; remission of costs; amount
and method of payment; payment of costs as condition of probation, etc., authorized; procedure
upon default; disposition of costs. (a)(1) A court shall require a convicted defendant in
a misdemeanor case to pay housing, maintenance and medical costs associated with the defendant's
incarceration in a county or city jail except as otherwise provided herein. Such costs shall
not exceed $20.00 per day that the defendant has been incarcerated plus actual medical expenses
incurred on behalf of the defendant. Such costs shall be taxed as costs of court and shall
be in addition to any and all other costs of court. (2) At the time of sentencing such defendant
may petition the court for remission of the payment of these costs or of any portion thereof.
If it appears to the satisfaction of the court that payment of the amount due will impose
manifest hardship on the defendant or his immediate family,...
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