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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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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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.)...
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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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11-17-10
Section 11-17-10 Appeals from assessment of damages - Conduct of hearing generally; establishment
of damages by jury. On the hearing of such trial, the court shall cause an issue to be made
between the parties interested to ascertain the amount of damages for the property taken or
injured in locating the burial place. Either party may examine witnesses on such trial and
may argue the questions to the court or jury by themselves or counsel, which questions must
then be submitted to the jury for their determination, which amount of damages shall be fixed
by the verdict of the jury. (Code 1907, §95; Code 1923, §100; Code 1940, T. 12, §217.)...

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15-19-1
Section 15-19-1 Investigation and examination by court to determine how tried; consent of minor
to trial without jury; arraignment as youthful offender; notice and hearing. (a) A person
charged with a crime which was committed in his or her minority but was not disposed of in
juvenile court and which involves moral turpitude or is subject to a sentence of commitment
for one year or more shall, and, if charged with a lesser crime may be investigated and examined
by the court to determine whether he or she should be tried as a youthful offender, provided
he or she consents to such examination and to trial without a jury where trial by jury would
otherwise be available to the defendant. If the defendant consents and the court so decides,
no further action shall be taken on the indictment or information unless otherwise ordered
by the court as provided in subsection (b). (b) After such investigation and examination,
the court, in its discretion, may direct that the defendant be arraigned...
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18-1A-151
Section 18-1A-151 Demand for trial by jury; waiver; procedure for jury selection, etc. (a)
In the circuit court the amount of compensation and any additional issue for which the right
to trial by jury is secured by the Constitution shall be determined by a jury only if a party
entitled to participate in the trial of the issue expressly demands trial by jury. The circuit
court shall determine all other issues without a jury. (b) The number of jurors, method used
for impanelling and selecting jurors, number and method for exercising challenges, form of
oath to be administered, number of jurors required to return a verdict, and all other procedures
relating to trial by jury, to the extent practicable, shall conform to the requirements applicable
in civil actions under the Alabama Rules of Civil Procedure. (Acts 1985, No. 85-548, p. 802,
§902.)...
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15-13-115
Section 15-13-115 Obligation of sureties in probation cases. The obligation of sureties is
continued beyond the finding of a guilty verdict by the judge or by a jury in cases where
the maximum sentence, set out by law, does not exceed 10 years and where the court desires
to continue the case for a probation hearing so long as the court has not announced the sentence
to be imposed or sentenced the defendant in any form as set out by law. In such cases, the
obligation of the sureties is continued until there has been a determination and order by
the court of denying or granting probation. In cases where the maximum sentence as set out
by law is less than 10 years, and the court has imposed a sentence, the sureties, may continue
their obligation on such bail beyond the findings or rendering of the verdict but such an
agreement shall be entered on the docket or case summary sheet and the surety shall execute
their name or names by the entry. (Acts 1993, No. 93-677, p. 1259, §16.)...
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15-13-114
Section 15-13-114 Obligation of sureties continues during trial. The obligation of the sureties
continues throughout every stage of trial, from the time the defendant is entered thereon
until the rendition of the verdict by the jury or judge. The finding of the defendant guilty
by a jury or judge discharges the sureties. The obligation of the sureties are also discharged
when the judge takes any of the following actions: (1) Sentences the defendant. (2) Grants
the prosecutor's motion to nol pros the case. (3) Dismisses the case. (4) Issuance of any
order to the defendant to attend driving-under-the-influence school, mental health counseling,
or any similar order of which the court would only have had the authority to do so, if there
had been an adjudication of guilt or in cases where there has been an adjudication of guilt.
(5) Issuance of any order of restitution. (6) Announcement or order of sentence prior to any
probation determination. (Acts 1993, No. 93-677, p. 1259, §15.)...
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11-47-172
Section 11-47-172 Procedure for condemnation and appeal; asssessment of value, etc. (a) Whenever
the proprietor or proprietors or any of them of any of the lands necessary for any of the
purposes provided in Section 11-47-171 or necessary for opening new streets or widening old
streets and the mayor or other chief executive officer cannot agree on a price of said lands
or cannot agree as to the amount to be paid for changing the grade of any street, sidewalk,
or public place and whenever the proprietor or proprietors thereof shall be an infant, non
compos mentis, a nonresident, or unknown, then the mayor or other chief executive officer
shall apply to the clerk of the circuit court of the county for a writ of ad quod damnum to
be directed to the sheriff of the county, commanding him to summon three freeholders of the
county to appear before the sheriff on a day named, not less than two days from the date of
the writ, and to proceed under his direction to assess a value of the lands of...
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