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6-6-543
Section 6-6-543 Trial by jury or determination by court; entry and effect of judgment. Upon
the application of either party in a proceeding under Section 6-6-540, a trial by jury shall
be directed to determine the issues or any specified issue of fact presented by the pleadings,
and the court is bound by the result, but may, for sufficient reasons, order a new trial thereof;
and when a trial by jury is not requested, or as to the facts for which the same is not requested,
the court shall consider and determine any title, claim, interest, or encumbrance. The court
shall, upon the finding of the jury or upon such consideration and determination, finally
adjudge whether the defendant has any right, title, or interest in, or encumbrance upon, such
lands, or any part thereof, what such right, title, interest, or encumbrance is and in or
upon what part of the lands the same exists; and such judgment is binding and conclusive upon
all the parties to the action. (Code 1896, ยง812; Code 1907,...
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25-5-81
Section 25-5-81 Determination of disputed compensation claims generally. (a) Commencement of
action in circuit court. (1) PROCEDURE. In case of a dispute between employer and employee
or between the dependents of a deceased employee and the employer with respect to the right
to compensation under this article and Article 2 of this chapter, or the amount thereof, either
party may submit the controversy to the circuit court of the county which would have jurisdiction
of a civil action in tort between the parties. The controversy shall be heard and determined
by the judge who would hear and determine a civil action between the same parties arising
out of tort, and, in case there is more than one judge of the court, the controversies shall
be set and assigned for hearing under the same rules and statutes that civil actions in tort
are set and assigned. The court may hear and determine the controversies in a summary manner.
The decision of the judge hearing the same shall be conclusive and...
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31-2A-38
Section 31-2A-38 (Article 38.) Duties of trial counsel and defense counsel. (a) The trial counsel
of a general or special court-martial shall prosecute in the name of the state, and, under
the direction of the court, shall prepare the record of the proceedings. (b)(1) The accused
has the right to be represented in defense before a general or special court-martial or at
an investigation under Section 31-2A-32 (Article 32) as provided in this subsection. (2) The
accused may be represented by civilian counsel at the provision and expense of the accused.
(3) The accused may be represented by either of the following: a. By military counsel detailed
under Section 31-2A-27 (Article 27). b. By military counsel of the accused's own selection
if that counsel is reasonably available as determined under subdivision (7). (4) If the accused
is represented by civilian counsel, military counsel detailed or selected under subdivision
(3) shall act as associate counsel unless excused at the request of...
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45-49-85.60
Section 45-49-85.60 General and equity jurisdiction of probate courts; powers and authority
of judges of probate; procedures in administration of estates. (a) That the probate courts
in all counties of this state which now have or may hereafter have a population of over 300,000
and less than 500,000, according to the last or any subsequent federal census, shall have
general and equity jurisdiction concurrent with that of the circuit courts of this state,
in the administration of the estates of deceased persons, minors, the developmentally disabled,
insane, incapacitated, protected or incompetent persons, or the like, and testamentary trust
estates. The jurisdiction granted by this section shall be conferred without the necessity
of the same being invoked in any estate proceeding and may be exercised at the discretion
of the court. (b)(1) That the judges of the probate courts shall have the same powers and
authority which judges of the circuit courts of this state have in connection...
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26-17-636
Section 26-17-636 Order adjudicating parentage; limitation on liability for education and support;
cost, fees, and expenses. (a) The court shall issue an order adjudicating whether a man alleged
or claiming to be the father is the parent of the child. (b) An order adjudicating parentage
must identify the child by name and date of birth, if known. (c) Except as otherwise provided
in subsection (d), the court may assess filing fees, reasonable attorney's fees, fees for
genetic testing, other costs, and necessary travel and other reasonable expenses incurred
in a proceeding under this article, subject to the following rules: (1) Parties to proceedings
under this chapter should pay the fees and expenses of retained counsel, expert witnesses,
guardians ad litem, the costs of appropriate tests and other costs of the trial as they may,
themselves, incur. The court may order reasonable fees for attorneys, expert witnesses, guardian
ad litem fees, costs of appropriate tests and other costs of...
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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...
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31-2A-15
Section 31-2A-15 (Article 15.) Commanding officer's non-judicial punishment. (a) Under such
regulations as prescribed, any commanding officer may impose disciplinary punishments for
minor offenses without the intervention of a court-martial pursuant to this article. The Governor,
the Adjutant General, or an officer or a general or flag rank in command may delegate the
powers under this article to a principal assistant who is a member of the Alabama National
Guard. (b) For the purposes of this article, the term "day" shall mean the following:
(1) For the purposes of pay, one day shall equal one active duty military payday. (2) For
all other purposes, one day shall equal one calendar day. (c) For the purposes of this part,
all members must be in military status when punishment is imposed. (d) Any commanding officer
may impose upon enlisted members of the officer's command any of the following: (1) An admonition.
(2) A reprimand. (3) The withholding of privileges for up to six consecutive...
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10A-2A-14.14
Section 10A-2A-14.14 Election to purchase in lieu of dissolution. (a) In a proceeding under
Section 10A-2A-14.10(a)(2) to dissolve a corporation, the corporation may elect or, if it
fails to elect, one or more stockholders may elect to purchase all stock owned by the petitioning
stockholder at the fair value of the stock. An election pursuant to this section shall be
irrevocable unless the court determines that it is equitable to set aside or modify the election.
(b) An election to purchase pursuant to this section may be filed with the court at any time
within 90 days after the filing of the petition under Section 10A-2A-14.10(a)(2) or at a later
time as the court in its discretion may allow. If the election to purchase is filed by one
or more stockholders, the corporation shall, within 10 days thereafter, give written notice
to all stockholders, other than the petitioner. The notice must state the name and number
of shares of stock owned by the petitioner and the name and number of...
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15-9-81
Section 15-9-81 Adoption and text of agreement on detainers. The agreement on detainers is
hereby enacted into law and entered into by the State of Alabama with any and all jurisdictions
legally joining therein, in the form substantially as follows: AGREEMENT ON DETAINERS The
contracting states solemnly agree that: Article I. The party states find that charges outstanding
against a prisoner, detainers based on untried indictments, informations or complaints and
difficulties in securing speedy trial of persons already incarcerated in other jurisdictions,
produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly,
it is the policy of the party states and the purpose of this agreement to encourage the expeditious
and orderly disposition of such charges and determination of the proper status of any and
all detainers based on untried indictments, informations or complaints. The party states also
find that proceedings with reference to such charges...
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31-2A-60
Section 31-2A-60 (Article 60.) Action by the convening authority. (a) The findings and sentence
of a court-martial shall be reported promptly to the convening authority after the announcement
of the sentence. (b)(1) The accused may submit to the convening authority matters for consideration
by the convening authority with respect to the findings and the sentence. Any submission shall
be in writing. Except in a summary court-martial case, a submission shall be made within 10
days after the accused has been given an authenticated record of trial and, if applicable,
the recommendation of a judge advocate under subsection (d). In a summary court-martial case,
such a submission shall be made within seven days after the sentence is announced. (2) If
the accused shows that additional time is required for the accused to submit such matters,
the convening authority or other person taking action under this article, for good cause,
may extend the applicable period under subdivision (1) for up to...
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