31-2A-62
Section 31-2A-62 (Article 62.) Appeal by the state. (a)(1) In a trial by court-martial in which
a punitive discharge may be adjudged, the state may appeal the following, other than a finding
of not guilty with respect to the charge or specification by the members of the court-martial
or an order or ruling that is, or that amounts to, a finding of not guilty with respect to
the charge or specification: a. An order or ruling of the military judge which terminates
the proceedings with respect to a charge or specification. b. An order or ruling which excludes
evidence that is substantial proof of a fact material in the proceeding. c. An order or ruling
which directs the disclosure of classified information. d. An order or ruling which imposes
sanctions for nondisclosure of classified information. e. A refusal of the military judge
to issue a protective order sought by the state to prevent the disclosure of classified information.
f. A refusal by the military judge to enforce an order...
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12-24-3
Section 12-24-3 Recusal of a justice or judge due to campaign contribution; rebuttable presumption;
appeal. (a) In any civil action, on motion of a party or on its own motion, a justice or judge
shall recuse himself or herself from hearing a case if, as a result of a substantial campaign
contribution or electioneering communication made to or on behalf of the justice or judge
in the immediately preceding election by a party who has a case pending before that justice
or judge, either of the following circumstances exist: (1) A reasonable person would perceive
that the justice or judge's ability to carry out his or her judicial responsibilities with
impartiality is impaired. (2) There is a serious, objective probability of actual bias by
the justice or judge due to his or her acceptance of the campaign contribution. (b) A rebuttable
presumption arises that a justice or judge shall recuse himself or herself if a campaign contribution
made directly by a party to the judge or justice...
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6-6-753
Section 6-6-753 Hearing and determination; contents of judgment. At the time and place designated
in said order, the judge of said circuit court shall proceed to hear and determine all questions
of law and of fact in said case, and he shall make such orders as to the proceedings in said
case and adjournments as will best conserve the interests of all parties and enable him to
enter a judgment with the least possible delay. The judgment shall find the facts specially
and shall state separately the judge's conclusions of law thereon. Any taxpayer or citizen
of the unit may appear in such proceedings either personally or by attorney. (Acts 1935, No.
196, p. 582; Code 1940, T. 7, §172.)...
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6-7-30
Section 6-7-30 Proceedings when defendant involved in bankruptcy. In any civil action in any
court in this state in which the defendant has been adjudicated a bankrupt, in which a defendant
has filed a petition in bankruptcy or against whom a petition in bankruptcy has been filed,
it shall be the duty of the court in which such civil action is pending to proceed with the
trial of such action, if leave to do so is granted by the bankruptcy court, and to enter judgment
in accordance with the law and the evidence in the case. The court in which such civil action
is pending shall also have authority, and it shall be its duty, to grant such stay of execution
against such defendant as may be appropriate or as may be provided for in the order of the
bankruptcy court, or to embody in the judgment entered in such case such provision as may
be appropriate, or as may be provided in the order of said bankruptcy court, so as to limit
the manner of enforcement of said judgment, or so as to limit the...
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15-6-40
Section 15-6-40 Appeal to circuit court; form of undertaking on appeal. (a) Any person required
to keep the peace under the provisions of Article 2 of this chapter by any judge other than
a judge of an appellate or circuit court is entitled, on entering into an undertaking with
sufficient sureties in a sum equal to that required of him to keep the peace for the prosecution
of an appeal and in the meantime to keep the peace, to an appeal to the circuit court of the
county. The judge from whose order the appeal is taken may require such witnesses as he thinks
necessary to enter into an undertaking, in the sum of $100.00 each, to appear at such court.
(b) Any person committed to jail by any such judge for failing to give security to keep the
peace may appeal to the circuit court and may thereupon be discharged from custody on giving
bond with surety, in such penalty as the judge may prescribe, conditioned for his appearance
at such court and to keep the peace towards all the people of the...
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15-12-5
Section 15-12-5 Determination of indigency and provision of defense services. (a) Judicial
role in determining indigency. The trial judge shall determine, in accordance with the policies
and procedures established by the Office of Indigent Defense Services, if a person in his
or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from
the trial court to the state appellate court, the trial judge who presided over the proceedings
on appeal shall determine if the appellant is an indigent defendant in accordance with the
policies and procedures established by the Office of Indigent Defense Services. If an indigency
determination is necessary in any proceeding initiated originally in a state appellate court
, the presiding judge or chief justice of the appellate court shall determine if the appellant
or petitioner is an indigent defendant. (b) Criteria for determining indigency. In determining
indigency, the judge shall recognize ability to pay as a variable...
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30-3B-302
Section 30-3B-302 Enforcement under Hague Convention. Under this article a court of this state
may enforce an order for the return of the child made under The Hague Convention on the Civil
Aspects of International Child Abduction as if it were a child custody determination. (Act
99-438, p. 866, §1.)...
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37-1-157
Section 37-1-157 Costs. If, upon the appeal of any action originating under this title, it
shall be determined by the court that the order of the commission was invalid or unreasonable
or unjust and should not be performed, the costs of said action may, in the discretion of
the court be taxed against the state or the utility or utilities involved in the action. If
on the hearing the court should find in favor of the Public Service Commission, then the costs
of the action shall be paid by the utilities by or against which the proceedings were instituted.
If costs are ordered taxed against or paid by the state, the same shall be paid upon the approval
of the trial judge, by a warrant drawn by the comptroller upon the treasurer. The costs of
the transcript certified by the Public Service Commission to the circuit court shall be taxed
as a part of the costs of the action at the same rate as transcripts from the circuit court
to the supreme court are taxed. (Code 1907, §5714; Code 1923,...
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37-4-114
Section 37-4-114 Appeals. From any final action or order of the commission in the exercise
of the jurisdiction, power and authority conferred upon it by this article, an appeal shall
lie to the Circuit Court of Montgomery County, and thence to the Supreme Court of Alabama.
All appeals to the Circuit Court of Montgomery County shall be taken within 30 days from the
date of such action or order and shall be granted as a matter of right and be deemed perfected
by filing with the Public Service Commission a bond for security of cost of said appeal; except,
that when the appellant is the State of Alabama, no bond shall be required and the same shall
be deemed perfected by filing notice of an appeal. Appeals to the supreme court shall be taken
in accordance with the Alabama Rules of Appellate Procedure. (Acts 1971, No. 1595, p. 2733,
§15.)...
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43-8-197
Section 43-8-197 Change of venue. (a) At any time before the trial of such contest, either
party may remove the same to another county by proceeding as is required in civil actions
in the circuit court; and when an order for the removal of the trial of such contest is made,
the judge of probate must transmit the will, subpoenas and all other papers belonging, and
a transcript of all the entries of record relating thereto, to the judge of the probate court
of the county to which the trial is ordered to be removed. Such judge of probate must proceed
to try the case in the same manner as prescribed for the judge of probate of the county from
which it has been removed. (b) If the judgment is rendered in the probate court to which it
has been removed, and no appeal is taken within 30 days thereafter, such judgment must be
certified by the judge of such probate court, and the will and other papers be returned to
the probate court from which the trial was removed; and the will must be...
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