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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12-12-71
Section 12-12-71 When appeals taken to circuit courts; nature of proceedings and right to jury
trial upon appeals to circuit courts. Except as provided in Section 12-12-72 and in subsection
(e) of Section 12-15-120, all appeals from final judgments of the district court shall be
to the circuit court for trial de novo. An appellant shall not be entitled to a jury trial
in circuit court unless it is demanded in the notice of appeal, and an appellee shall have
no right to a jury trial unless written demand is filed in circuit court within 14 days of
service upon him of notice of appeal. (Acts 1975, No. 1205, p. 2384, §4-111.)...
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15-14-2
Section 15-14-2 Defendant not to be tried until case on docket one day. No person shall be
tried on an indictment presented by the grand jury until at least one entire day after the
case has been placed upon the trial docket of the court, except with the consent of the defendant.
This section shall not apply to cases where an indictment has been quashed or demurrer sustained
thereto and a new indictment for identical offense is returned on the same day. (Acts 1919,
No. 119, p. 104; Code 1923, §5566; Code 1940, T. 15, §317.)...
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45-27-80.60
Section 45-27-80.60 Excusal of jurors. In all capital cases where trial by jury is held before
the circuit court in the Twenty-first Judicial Circuit of Alabama, the judge presiding over
the empanelment of the jury venire in the capital case is authorized to excuse any prospective
juror outside the presence of the defendant provided the juror has a legal excuse for being
excused and it shall be within the discretion of the judge to determine whether the prospective
juror's excuse is legal; provided that in no case shall there be a smaller number of jurors
to select from in the capital case than provided by statutes not in force and effect. (Act
80-712, p. 1446, §1.)...
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15-2-25
Section 15-2-25 Duty of clerk of court to forward case materials. When an order for the removal
of a trial is made, the clerk of court must make out a transcript of all the entries, orders
and proceedings in the case, including the organization of the grand jury, the indictment,
the endorsements thereon, all the entries relating thereto, the undertakings or recognizances
of the defendant, all the orders and judgments thereon and the order for the removal of the
trial. He must attach his certificate thereto and forward the package under seal by a special
messenger, by express, by registered or certified mail or deliver it in person to the clerk
of the court to which the trial is ordered to be removed. He must also enclose in the package
and forward or deliver in the same manner the original subpoenas in the case. (Code 1852,
§657; Code 1867, §4209; Code 1876, §4914; Code 1886, §4488; Code 1896, §5312; Code 1907,
§7854; Code 1923, §5583; Code 1940, T. 15, §271.)...
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15-8-131
Section 15-8-131 Preferring of new indictment where judgment arrested or original indictment
quashed; entry of record. When a judgment is arrested or an indictment quashed on account
of any defects therein, because it was not found by a grand jury regularly organized, because
it charged no offense or for any other cause, the court may order another indictment to be
preferred for the offense charged or intended to be charged, and in such case, an entry of
record must be made setting forth the facts. (Code 1852, §596; Code 1867, §4146; Code 1876,
§4819; Code 1886, §4394; Code 1896, §4922; Code 1907, §7160; Code 1923, §4555; Code 1940,
T. 15, §258.)...
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15-8-91
Section 15-8-91 Prosecution dismissed where amendment not consented to by defendant; new indictment;
form of entry of record. If the defendant will not consent to such amendment of an indictment,
the prosecution may be dismissed at any time before the jury retires as to the count in the
indictment to which the variance applies, and the court may order another indictment to be
preferred at a subsequent time, in which case an entry of record must be made to the effect
following: "The State ) In this case, it appeared from the evidence that there was a
variance between the allegations of the indictment and the "The State proof in this (setting
out the variance); or it appeared from the evidence that the defendant's name was ...(stating
it); and the defendant not consenting to allow the indictment to be amended, the prosecution
was dismissed before the jury retired, and another indictment was ordered to be preferred."
v.) A. B.) (Code 1852, §594; Code 1867, §4144; Code 1876, §4817; Code...
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12-12-37
Section 12-12-37 Removal of action from district court to circuit court where concurrent jurisdiction.
Any civil action brought in district court of which the circuit court has concurrent jurisdiction
may be removed by a defendant or defendants to the circuit court of the county in which the
action is pending. A defendant or defendants desiring to remove a case under this section
shall file a notice of removal with the circuit court within 30 days after receipt, through
service or otherwise, of a copy of the initial pleading. A case removed under this section
shall not be subject to the jurisdictional damage limitations of district court. If a defendant
or defendants requests removal of any civil action under this section, the circuit clerk shall
remove the civil action to circuit court. (Act 2019-405, §2.)...
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12-14-71
Section 12-14-71 Appeals from judgments of circuit courts and proceedings thereon. From the
judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or
the defendant in any case, may appeal to the court of criminal appeals in like manner as in
cases of appeals for convictions of violation of the criminal laws of the state. If the appeal
is taken by the municipality, it shall not be required to give surety for the cost of appeal.
When taken by the defendant, he may give bail with sufficient sureties, conditioned that he
will appear and abide by the judgment of the appellate court; and, failing to give bail, he
must be committed to the municipal jail, but he may give such bail at any time pending the
appeal. When an appeal is taken by the defendant, bail is given pending the appeal and the
judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the
undertaking of bail to surrender himself to the municipal authorities within...
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15-11-1
Section 15-11-1 Right of person arrested for felony to hearing; failure of defendant to appear
at hearing. Every person charged with and arrested for a felony before his indictment shall
have an absolute right to a preliminary hearing on said charge upon such person's demand within
30 days following said arrest; provided, that such person's failure or refusal to appear for
such preliminary hearing or his absence from the state at the time of the setting for the
preliminary hearing shall not delay or invalidate an indictment pursuant to said charge. (Acts
1975, No. 1205, §4-106.)...
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