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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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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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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36-11-14
Section 36-11-14 Proceedings in circuit court - When case stands for trial; conduct
of trial generally; right to jury trial. When the information is filed in the circuit court,
if the summons is served 20 days before the day specified in the order, such case shall stand
for trial on that day; and, if the summons is served less than 20 days before the day specified
in the order, then the court shall on the day specified in the order make an order setting
another day on which the defendant shall answer the information and the case stand for trial.
The case shall have precedence and priority over all other business in such court and, shall
be proceeded with in all respects as civil actions are conducted, with the right to either
party to except to the rulings of the court and to reserve such exceptions as in civil actions.
The defendant shall be entitled to a trial by jury on any issue of fact, whenever he demands
the same. (Code 1876, §4057; Code 1886, §4829; Code 1896, §4875; Code...
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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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15-15-24
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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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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12-16-34
Section 12-16-34 Compensation of members. (a) Upon written order of the presiding circuit
judge or his designee, the jury commission shall meet on such days as are required to replenish
the number of names in the trial court jury box and to perform such other necessary duties
as are related thereto. Each member of the jury commission shall be paid the sum of $10.00
for each day he is actually engaged in the discharge of his duties pursuant to the order of
the presiding circuit judge. The president of each jury commission shall submit all claims
for compensation for its members along with a copy of the order of the presiding circuit judge
to the Administrative Director of Courts. Claims shall be submitted on such forms as may be
prescribed by the Administrative Director of Courts, and, if approved, shall be processed
and paid by the state. (b) The compensation of each member of the commission shall not exceed
for any year of his term the following amounts: (1) In counties of 25,000...
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12-19-211
Section 12-19-211 Tales jurors. Every person summoned for trial of a capital case under
the provisions of this code or for service on a coroner's jury and attending in obedience
to the summons shall be entitled to the same per diem and mileage for their attendance as
regular jurors, to be paid in the same manner. Other tales jurors are entitled to the same
per diem for each day's attendance as regular jurors receive, to be paid in the same manner.
(Code 1852, §795; Code 1867, §4346; Code 1876, §5051; Code 1886, §4884; Code 1896, §4581;
Code 1907, §6658; Code 1923, §3761; Code 1940, T. 11, §99.)...
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