6-6-593
Section 6-6-593 Court always open; return of summons; setting of case for trial; trial by court
or jury. (a) The court is at all times open for the trial of a case or the granting of orders
therein. The summons shall be returnable 10 days from the date of issuance, and if five days'
service is not had before such return day, the summons is returnable to the first day after
the expiration of five days after such service. If such return day shall be a day of any regular
or special session of the court, the case stands for trial on the next day after the return
day, unless good cause shall be shown for further delay; but if such return day does not fall
within a regular or special session, the judge must fix a day for the hearing, of which the
clerk must notify the parties or their attorneys; and on such day the case may be tried or,
for good cause shown or by consent of parties and the approval of the court, may be continued
to another day. (b) The case specified in this section must be...
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11-48-41
Section 11-48-41 Appeals to circuit court from assessments - Conduct generally; right of jury
trial; entry of judgment and assessment of costs generally. The civil action may be tried
on the record without other pleadings, and the court shall hear all objections of the property
owners to said assessment and the amount thereof and shall determine whether or not such assessment
exceeds the increased value of such property by reason of the special benefits derived from
the improvement, and shall enter judgment accordingly. Such civil action shall be tried by
the judge without a jury, unless a jury trial is demanded at the time of filing appeal, in
which event the action shall be tried by a jury as in other civil actions. In the event the
court or jury shall not sustain the assessment for the full amount, the costs of the appeal
and trial in the circuit court shall be adjudged against the municipality. (Code 1907, §1394;
Code 1923, §2209; Acts 1927, No. 639, p. 753; Code 1940, T. 37,...
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43-8-202
Section 43-8-202 Contest in circuit court after admission to probate - Trial of issues by jury;
consideration of witnesses' testimony. The circuit court may, in such case, direct an issue
to be tried by a jury, and on the trial before the jury, or hearing before the circuit judge,
the testimony of the witnesses reduced to writing by the judge of probate, according to section
43-8-169, is evidence to be considered by the judge or jury. (Code 1852, §1655; Code 1867,
§1973; Code 1876, §2337; Code 1886, §2001; Code 1896, §4300; Code 1907, §6209; Code 1923,
§10640; Code 1940, T. 61, §67; Code 1975, §43-1-82.)...
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11-88-72
Section 11-88-72 Appeal from assessments to circuit court - Conduct of trial generally; when
costs of appeal and trial adjudged against authority. The said appeal may be tried on the
record without other pleadings and the court shall hear all objections of the property owners
to the said assessment and the amount thereof, shall determine whether or not such assessment
exceeds the increased value of such property by reason of the special benefits derived from
the improvement, and shall render judgment accordingly. Such appeal shall be tried by the
judge without a jury, unless a jury trial is demanded at the time of filing appeal, in which
event the appeal shall be tried by a jury as provided in common law cases. In event the court
or jury shall not sustain the assessment for the full amount, the costs of appeal and trial
in circuit court shall be adjudged against the authority. (Acts 1973, No. 826, p. 1293, §33.)...

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12-16-233
Section 12-16-233 Discharge of jury and entry of mistrial. The court or presiding judge in
all cases of jury trial may discharge the jury without giving a verdict, with the consent
of all parties to the trial or without the consent of the parties, when, in the opinion of
the court or judge, there is a manifest necessity for the discharge or when the ends of justice
would otherwise be defeated. In all cases in which the jury is discharged without a verdict,
a mistrial shall be entered upon the minutes of the court, assigning the reason or cause for
the mistrial, and no person shall gain any advantage by reason of such discharge of the jury.
(Code 1907, §7314; Code 1923, §8696; Code 1940, T. 30, §100.)...
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12-21-13
Section 12-21-13 Physical evidence not precluded from jury or court because of break in chain
of custody. Physical evidence connected with or collected in the investigation of a crime
shall not be excluded from consideration by a jury or court due to a failure to prove the
chain of custody of the evidence. Whenever a witness in a criminal trial identifies a physical
piece of evidence connected with or collected in the investigation of a crime, the evidence
shall be submitted to the jury or court for whatever weight the jury or court may deem proper.
The trial court in its charge to the jury shall explain any break in the chain of custody
concerning the physical evidence. (Acts 1995, No. 95-741, p. 1686, §1.)...
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12-22-113
Section 12-22-113 De novo trial in circuit court; statement of cause of complaint. The trial
in the circuit court shall be de novo and without any indictment or presentment by the grand
jury, but the district attorney shall make a brief statement of the cause of complaint signed
by him, which maybe in the following form: The State of Alabama, } In the circuit court, ______20__
On appeal from the district (or municipal) court. ___ county.} The State of Alabama, by its
district attorney, complains of C.D., that, within 12 months before the commencement of this
prosecution, he did (here describe the offense as in cases of indictment). G. H., district
attorney. (Code 1852, §509; Code 1867, §4059; Code 1876, §4729; Code 1886, §4231; Code
1896, §4627; Code 1907, §6730; Code 1923, §3843; Code 1940, T. 15, §363.)...
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15-14-30
Section 15-14-30 Demand for jury in misdemeanor cases in circuit court. In all misdemeanor
cases in the circuit court, the issues and questions of fact shall be tried by the judge of
the court without the intervention of a jury except in cases where a trial by jury is demanded
in writing by the defendant. Such written demand shall be filed in the case with the clerk
of the court on or before the first sounding of the case if the case is sounded within 30
days after the defendant has been arrested or taken into custody after the finding of the
indictment or, within 30 days after the defendant has appealed if the case is brought to the
circuit court by appeal; and, if such case is not sounded within 30 days after the defendant
has appealed, been arrested or been taken into custody after the finding of the indictment,
then such written demand must be filed with the clerk within 30 days after the defendant has
appealed, or been arrested or taken into custody after the finding of the...
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11-42-69
Section 11-42-69 Trial and entry of judgment by circuit court; appeals from judgment of circuit
court; endorsement on map by probate judge where no appeal from judgment of probate court.
(a) If on the trial in the circuit court it be adjudged that the requisite facts did exist
subjecting the land and property having a situs thereon to taxation by the city, a judgment
shall be entered adjudging that the land and property having a situs thereon be, and the same
is, subject to taxation by the city and that the taxes thereon shall be paid to the city.
If it be adjudged that the requisite facts did not exist, a judgment shall be entered adjudging
that the land and property having a situs thereon is not subject to taxation by the city,
and the cost of appeal and of contest shall be adjudged against the losing party. (b) Either
the city or the property owner may appeal from the judgment of the circuit court to the supreme
court within the time and in the same manner as is provided by the...
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15-15-24
Section 15-15-24 Determination of degree of offense and fixing of punishment; when jury impaneled.
(a) If a defendant upon arraignment or prior to trial pleads guilty, the court, without the
intervention of a jury, shall determine the degree of the offense and fix the punishment therefor
the same as a jury might fix or impose it if the case were being tried by a jury, unless,
in the discretion of the trial judge, a jury should be impaneled to determine the degree of
the offense or to fix the punishment therefor or unless the defendant at the time of entering
such plea demands a jury in writing. The court shall not in any event, however, impose capital
punishment without the intervention of a jury. (b) Whenever, in the discretion of the trial
judge, a jury should be impaneled or a jury is demanded, in the manner and at the time prescribed
in subsection (a) of this section, no special venire need be drawn, but the court must cause
the punishment to be determined by a jury, except where...
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