12-21-160
Section 12-21-160 Expert witnesses. (a) Generally. If scientific, technical, or other specialized
knowledge will assist the trier of fact to understand the evidence or to determine a fact
in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education,
may testify thereto in the form of an opinion or otherwise. (b) Scientific evidence. In addition
to requirements set forth in subsection (a), expert testimony based on a scientific theory,
principle, methodology, or procedure is only admissible if: (1) The testimony is based on
sufficient facts or data, (2) The testimony is the product of reliable principles and methods,
and (3) The witness has applied the principles and methods reliably to the facts of the case.
(c) Nothing in this section shall modify, amend, or supersede any provisions of the Alabama
Medical Liability Act of 1987 and the Alabama Medical Liability Act of 1996, commencing with
Section 6-5-540, et seq., or any judicial interpretation...
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22-10B-3
Section 22-10B-3 Duties. (a) The Alabama Sickle Cell Oversight and Regulatory Commission shall
be designated as the agency to insure the delivery of sickle cell services pursuant to Section
22-10B-5 to affected persons in all counties in Alabama and assist in establishing geographical
service delivery boundaries. The commission shall promulgate guidelines for creating uniformity
in the delivery of services and the management of statewide programs. (b) The commission shall
also promulgate rules pursuant to the Alabama Administrative Procedure Act for handling complaints
regarding service and management of statewide programs and addressing any other discrepancies
brought to the attention of the commission. The commission shall not have the authority to
promulgate rules regarding medical care. Any rule promulgated shall not be construed to establish
a standard of care for physicians licensed to practice medicine. (Acts 1996, No. 96-727, p.
1219, §3; Act 2000-697, p. 1420, §1; Act...
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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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12-16-76
Section 12-16-76 Insufficient number of qualified jurors to form juries. Whenever there are
not enough qualified jurors in attendance upon the court to form the juries required, the
judge of the court shall cause to be provided from the master jury list names of as many prospective
jurors as the judge deems necessary to complete the empaneling of all juries then required.
The court shall forthwith cause to be summoned all prospective jurors thus drawn to attend
court when required, and they may be summoned by personal service or by telephone. The court
shall then proceed to empanel or complete the empaneling of the juries as provided in this
article. If, prior to commencement of striking, due to challenges for cause or for any other
reason, the number of names on the lists from which the parties are to strike is reduced below
the minimums established in Rule 18.4, Alabama Rules of Criminal Procedure, in criminal cases
or Rule 47, Alabama Rules of Civil Procedure, in civil cases, unless...
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23-4-5
Section 23-4-5 Appeals. Any party affected by the vacation of a street, alley, or highway pursuant
to this chapter may appeal within 30 days of the decision of the governing body vacating the
street to the circuit court of the county in which the lands are situated, and upon such appeal,
the proceeding shall be tried de novo, either party having the right to demand trial by jury
when and as demand is authorized in civil actions. The appeal shall not suspend the effect
of the decision of the governing body unless the appealing party shall give bond, with sureties,
in an amount to be determined by the circuit judge. From the judgment of the circuit court,
an appeal may be taken within 42 days by either party to the Court of Civil Appeals or the
Supreme Court in accordance with the Alabama Rules of Appellate Procedure. (Acts 1931, No.
49, p. 62; Code 1940, T. 56, §30; Act 2004-323, p. 548, §1.)...
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12-2-7
Section 12-2-7 Jurisdiction and powers of court generally. The Supreme Court shall have authority:
(1) To exercise appellate jurisdiction coextensive with the state, under such restrictions
and regulations as are prescribed by law; but, in deciding appeals, no weight shall be given
the decision of the trial judge upon the facts where the evidence is not taken orally before
the judge, but in such cases the Supreme Court shall weigh the evidence and give judgment
as it deems just. (2) To exercise original jurisdiction in the issue and determination of
writs of quo warranto and mandamus in relation to matters in which no other court has jurisdiction.
(3) To issue writs of injunction, habeas corpus, and such other remedial and original writs
as are necessary to give to it a general superintendence and control of courts of inferior
jurisdiction. (4) To make and promulgate rules governing the administration of all courts
and rules governing practice and procedure in all courts; provided,...
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15-3-5
Section 15-3-5 Offenses having no limitation. (a) There is no limitation of time within which
a prosecution must be commenced for any of the following offenses: (1) Any capital offense.
(2) Any felony involving the use, attempted use, or threat of, violence to a person. (3) Any
felony involving serious physical injury or death of a person. (4) Any sex offense pursuant
to Section 15-20A-5 involving a victim under 16 years of age, regardless of whether it involves
force, serious physical injury, or death. (5) Any felony involving arson of any type. (6)
Any felony involving forgery of any type. (7) Any felony involving counterfeiting. (8) Any
felony involving drug trafficking. (b) The amendments made by this act shall apply to both
of the following: (1) To all crimes committed after January 7, 1985. (2) To all crimes committed
before January 7, 1985, for which no statute of limitations provided under pre-existing law
has run as of January 7, 1985. (c) Nothing herein shall be construed to...
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36-26-40
Section 36-26-40 Studies and reports by director; investigations and hearings as to compliance
with provisions of article, etc., generally. The director shall make studies and report to
the board upon all matters touching the enforcement and the effect of the provisions of this
article and the rules and regulations prescribed thereunder. He may visit all places of employment
and services affected by this article in order to ascertain and advise with the heads of the
various departments concerning their methods of handling those matters affecting employees
in the service, such as hours of work, attendance, training, working conditions and morale
and in order to ascertain whether the provisions of this chapter and the rules promulgated
thereunder are obeyed. The director, in the course of such inquiries, shall have the power
to administer oaths, subpoenas and require the attendance of witnesses and the production
of books, papers, documents and accounts pertaining to the subject under...
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41-22-27
Section 41-22-27 Effective date of chapter; validity, review, etc., of existing rules; disposition
of certain cases and proceedings. (a) This chapter shall take effect at 12:01 a.m., October
1, 1982; provided, however, that Section 41-22-22 shall take effect October 1, 1981. In order
that the Legislative Reference Service may appoint and hire an aide to receive the rules and
in order to promulgate the Alabama Administrative Code and the Alabama Administrative Monthly
as soon as possible, subsections (a) and (b) of Section 41-22-6 and subsections (a) through
(e) of Section 41-22-7 shall also become effective October 1, 1981. It shall be the duty of
all agencies in existence on the passage of this chapter and all agencies created thereafter
to cooperate with the office of the Legislative Services Agency, Legal Division, in compiling
the Alabama Administrative Code and the Alabama Administrative Monthly by submitting to the
committee all rules now and hereafter in effect, and all proposed...
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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...
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