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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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12-13-11
Section 12-13-11 Grounds for granting new trials; costs therefor. (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 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...
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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-22-20.htm - 11K - Match Info - Similar pages
16-46-9
Section 16-46-9 Review by State Board of Education; review by Circuit Court of Montgomery County.
Any person or school or private postsecondary institution aggrieved by the actions of the
Department of Postsecondary Education with respect to exemption, issuance, denial, deferral,
probation, suspension, or revocation of a license or permit provided for in Sections 16-46-3,
16-46-5, and 16-46-6, may file within 30 days a petition for review by the State Board of
Education. The aggrieved person, school, or institution shall then be entitled to a hearing
before the State Board of Education. The person, school, or institution may be represented
by counsel at the hearing. The aggrieved person, school, or institution may adduce evidence,
both oral and documentary, at such hearing and on official record if such hearing shall be
transcribed by a qualified court reporter. After the State Board of Education acts on the
petition for review, any person, school, or institution aggrieved by the State...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-46-9.htm - 3K - Match Info - Similar pages
22-11A-64
Section 22-11A-64 Appeal process. (a) Any health care worker who has appealed the State Health
Officer's final order to the State Committee of Public Health and who is aggrieved by the
outcome may appeal that decision by filing a notice of appeal in the circuit court of his
or her county of residence or in the Circuit Court of Montgomery County within 30 days of
the issuance of the final decision of the State Committee of Public Health. (b) The health
care worker may be represented by counsel or may participate in proceedings in the court on
his or her own behalf. If the health care worker elects to represent himself or herself, the
pleadings, documents, and evidence filed with the court shall be liberally construed to do
substantial justice. The court shall provide assistance to the health care worker in preparing
and filing the notice of appeal and shall take those steps that are necessary to keep the
health care worker's identity confidential. The assistance may be provided by court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-11A-64.htm - 5K - Match Info - Similar pages
28-4-273
Section 28-4-273 Forfeiture and condemnation proceedings generally - Conduct of hearing or
trial generally; entry of judgment of forfeiture and delivery of liquors and beverages to
Alcoholic Beverage Control Board generally; destruction of nonfederal tax-paid liquors and
beverages; disposition of funds paid into court by Alcoholic Beverage Control Board. If no
party appears to make a claim at the time specified in the notice or if no verified answer
controverting the allegations of the complaint and the grounds for issuance of the search
warrant is interposed, the judge shall proceed to hear the testimony in support thereof. If
it is established upon the hearing before said judge or upon the trial of the action, if issue
be joined, that the liquors so seized are kept, stored or deposited for the purpose of unlawful
sale or other disposition or for furnishing or distribution within this state or if it appears
that the complainant has established a ground for the issuance of such search...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-273.htm - 2K - Match Info - Similar pages
40-2A-4
Section 40-2A-4 Taxpayers' bill of rights. (a) Rights of the taxpayer. (1) For purposes of
this subsection and subsections (c) and (d), the term "department" shall include
the Department of Revenue, a self-administered county or municipality, or a private examining
or collecting firm, depending on whether the Department of Revenue, a self-administered county
or municipality, or private examining or collecting firm is conducting the examination of
the taxpayer. (2) At or before the commencement of an examination of the books and records
of a taxpayer, the department shall provide to the taxpayer the current version of Publication
1A. Publication 1A shall provide, in simple and non-technical terms, a statement of the taxpayer's
rights. Those rights include the right to be represented during an examination, an explanation
of their appeal rights, and the right to know the criteria and procedures used to select taxpayers
for an examination. (3) At or before the issuance of a preliminary...
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22-35-5
Section 22-35-5 Fee; withdrawals; disposition of funds; liability for clean-up costs; audit.
(a) Every owner of an underground or aboveground storage tank as defined in this chapter shall
pay an Underground and Aboveground Storage Tank Trust Fund fee as established by the provisions
of this chapter to be paid to the department. During the first year next following October
1, 1988, the amount of the annual Underground and Aboveground Storage Tank Trust Fund fee
shall be one hundred dollars ($100). Thereafter, the commission, upon recommendation of the
management board, shall set such an amount not to exceed one hundred fifty dollars ($150)
per year per regulated tank. Should the fund become depleted due to claims being greater than
amounts provided by tank fees, the commission shall be empowered to make special assessments
of tank fees to protect the financial integrity of the fund. Provided the total tank fees
and special assessments for any fiscal year do not exceed one hundred fifty...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-35-5.htm - 13K - Match Info - Similar pages
8-20-4
Section 8-20-4 Unfair and deceptive trade practices. Notwithstanding the terms, provisions,
or conditions of any dealer agreement or franchise or the terms or provisions of any waiver,
prior to the termination, cancellation, or nonrenewal of any dealer agreement or franchise,
the following acts or conduct shall constitute unfair and deceptive trade practices: (1) For
any manufacturer, factory branch, factory representative, distributor, or wholesaler, distributor
branch, or distributor representative to coerce or attempt to coerce any motor vehicle dealer
to do any of the following: a. To accept, buy, or order any motor vehicle or vehicles, appliances,
equipment, parts, or accessories therefor, or any other commodity or commodities or service
or services which such motor vehicle dealer has not voluntarily ordered or requested except
items required by applicable local, state, or federal law; or to require a motor vehicle dealer
to accept, buy, order, or purchase such items in order to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-20-4.htm - 34K - Match Info - Similar pages
27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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