6-11-23
Section 6-11-23 No presumption of correctness; court to conduct hearings; admissible relevant
evidence; trial court to independently reassess award of punitive damages. (a) No presumption
of correctness shall apply as to the amount of punitive damages awarded by the trier of the
fact. (b) In all cases wherein a verdict for punitive damages is awarded, the trial court
shall, upon motion of any party, either conduct hearings or receive additional evidence, or
both, concerning the amount of punitive damages. Any relevant evidence, including but not
limited to the economic impact of the verdict on the defendant or the plaintiff, the amount
of compensatory damages awarded, whether or not the defendant has been guilty of the same
or similar acts in the past, the nature and the extent of any effort the defendant made to
remedy the wrong and the opportunity or lack of opportunity the plaintiff gave the defendant
to remedy the wrong complained of shall be admissible; however, such information...
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12-13-11
grounds: (1) Irregularity in the proceedings of the court, jury or prevailing party, or any
order of court, or abuse of discretion, by which the party was prevented from having a fair
trial. (2) Misconduct of the jury or prevailing party. (3) Accident or surprise, which ordinary
prudence could not have guarded against. (4) Excessive or inadequate damages. (5) Error in
the assessment of the amount of recovery, whether too large or too small where the action
is upon a contract or for the injury or detention of property. (6) The verdict or decision
is not sustained by the great preponderance of the evidence or is contrary to law. (7) Newly
discovered evidence, material for the party applying, which he could not, with reasonable
diligence, have discovered and produced at the trial. (8) Error of law occurring at the trial
and properly preserved by the party making the application. (b) The court, in granting new
trials, may allow the same upon the payment of such costs by party...
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15-14-54
Section 15-14-54 Victim may not be excluded from courtroom; removal generally. A victim of
a criminal offense shall not be excluded from court or counsel table during the trial or hearing
or any portion thereof conducted by any court which in any way pertains to such offense, provided,
however, a judge may remove a victim from the trial or hearing or any portion thereof for
the same causes and in same manner as the rules of court or law provides for the exclusion
or removal of the defendant. (Acts 1983, No. 83-622, p. 971, §5.)...
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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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15-14-51
Section 15-14-51 Legislative findings; purpose of article. (a) The Legislature hereby finds
and determines that it is essential to the fair and impartial administration of justice that
a victim of a criminal offense be afforded a reasonable opportunity to attend any trial or
hearing or any portion thereof conducted by any court which in any way pertains to such offense.
(b) Further, the Legislature hereby finds and determines that it is essential to the fair
and impartial administration of justice that a victim of a criminal offense not be excluded
from any hearing or trial or any portion thereof conducted by any court which in any way pertains
to such offense, merely because the victim has been or may be subpoenaed to testify at such
hearing or trial or because of any arbitrary or invidious reason. (c) The provisions of this
article are to be construed so as to accomplish these purposes and to promote the same which
are hereby declared to be the public policy of this state. (Acts...
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6-6-663
Section 6-6-663 Hearing and determination. Unless in cases otherwise directed by this article,
the court must hear and determine the motion and enter judgment upon the evidence without
a jury unless an issue is tendered and a jury trial demanded, when a jury must be immediately
impaneled to try the facts, unless good cause shall be shown for a continuance. (Code 1852,
§2599; Code 1867, §3028; Code 1876, §3354; Code 1886, §3098; Code 1896, §3766; Code 1907,
§5902; Code 1923, §10229; Code 1940, T. 7, §593.)...
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26-2-53
Section 26-2-53 Revocation of guardianship or conservatorship - Upon application by person
ascertained to be incapacitated - Conduct of hearing or trial upon contested application;
entry of decree revoking guardianship or conservatorship, etc., where application not contested.
If the guardian or conservator or the person at whose instance the inquisition was had and
taken appears and, in writing, denies the allegations of the application, the court must appoint
a day for the trial of such contest, not more than 10 days thereafter, and must cause a jury
to be summoned in the manner provided by Section 12-16-78 for the trial thereof, and proceedings
must be had as upon the original inquisition. If there be no contest of the allegations of
the application and the court is satisfied of the truth thereof, a decree must be entered
revoking the proceedings on the inquisition and the guardianship or conservatorship and declaring
that the ward must be restored to the custody and management of...
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31-2A-39
Section 31-2A-39 (Article 39.) Sessions. (a) At any time after the service of charges which
have been referred for trial to a court-martial composed of a military judge and members,
the military judge, subject to Section 31-2A-35 (Article 35), may call the court into session
without the presence of the members for the purpose of: (1) Hearing and determining motions
raising defenses or objections which are capable of determination without trial of the issues
raised by a plea of not guilty. (2) Hearing and ruling upon any matter which may be ruled
upon by the military judge under this code, whether or not the matter is appropriate for later
consideration or decision by the members of the court. (3) Holding the arraignment and receiving
the pleas of the accused. (4) Performing any other procedural function which does not require
the presence of the members of the court under this code. These proceedings shall be conducted
in the presence of the accused, the defense counsel, and the trial...
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11-40-68
Section 11-40-68 Foreclosure sale; form of deed. (a) Following the hearing and order of the
court in accordance with Section 11-40-66, the court shall cause a sale of the real property
to be advertised and conducted by the court in a manner similar to that procedure contemplated
by Section 40-10-15. The sale shall not occur earlier than 45 days following the date of the
order of the court. (b) Except as otherwise authorized by law, the minimum bid price for the
sale of the real property shall be the redemption amount. (1) In the absence of any bid higher
than the minimum bid price, the court or its designee shall bid in for the real property on
behalf of the Class 2 municipality or its designee in an amount equal to the minimum bid price,
thereby causing the Class 2 municipality to become the purchaser at the sale pursuant to Section
11-40-66. (2) A bid in on behalf of the Class 2 municipality or its designee shall be tendered
as a credit bid for that part of the minimum bid price...
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12-12-32
Section 12-12-32 Criminal jurisdiction generally. (a) Misdemeanors. The district court shall
have exclusive original trial jurisdiction over prosecutions of all offenses defined by law
or ordinance as misdemeanors, except: (1) Prosecutions by municipalities having municipal
courts; (2) Any such prosecution which also involves a felony offense which is within the
exclusive jurisdiction of the circuit court, except as the district court is empowered to
hold preliminary hearings with respect to felonies and to receive guilty pleas as provided
in subsection (b) of this section; and (3) Any misdemeanor for which an indictment has been
returned by a grand jury. (b) Felonies. (1) The district court may exercise original jurisdiction
concurrent with the circuit court to receive pleas of guilty in prosecutions of offenses defined
by law as felonies not punishable by sentence of death. (2) The district court shall have
jurisdiction to hold preliminary hearings in prosecutions for felonies as...
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