Code of Alabama

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40-7-47
Section 40-7-47 Appeals - Trial. In the trial on appeal, the court shall direct or formulate
the issue to be tried and shall determine both the facts and the law, unless a jury is demanded
in writing by the taxpayer at the time of taking the appeal or within 10 days thereafter,
which demand shall be filed in the court to which the appeal is taken. (Code 1923, §6099;
Code 1940, T. 51, §77.)...
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6-10-125
Section 6-10-125 Attachment - Proceedings when waiver not sustained. When such attachment is
levied on property embraced in a declaration of claim of exemption which has been filed for
record, or subsequent to the levy a claim to such property as exempt is interposed, if, on
the trial, the averment of waiver is not sustained, the levy shall be discharged and the property
returned to the defendant, unless the plaintiff, within five days after judgment, shall contest
the claim. If such plaintiff should desire to contest, such contest may be instituted and
prosecuted as in other cases. (Code 1886, §2572; Code 1896, §2109; Code 1907, §4236; Code
1923, §7965; Code 1940, T. 7, §711.)...
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6-6-228
Section 6-6-228 Determination of issue of fact. When a proceeding under this article involves
the determination of an issue of fact, such issue may be tried and determined in the same
manner as issues of fact are tried and determined in other civil actions in the court in which
the proceeding is pending. (Acts 1935, No. 355, p. 777; Code 1940, T. 7, §164.)...
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12-16-12
Section 12-16-12 When charge must be written and filed in record. The charge of the judge must
be taken down by the court reporter or by some stenographer appointed by the court and reduced
to writing and filed as a part of the record proper of the case, unless both parties or their
counsel waive the reporting and making the charge a part of the record. (Code 1867, §2757;
Code 1876, §3110; Code 1886, §2755; Code 1896, §3327; Code 1907, §5363; Code 1923, §9508;
Code 1940, T. 7, §272; Acts 1943, No. 386, p. 359; Acts 1955, 2nd Ex. Sess., No. 67, p. 178.)...

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43-2-747
Section 43-2-747 Objections. At any time within six months after the declaration of insolvency,
the administrator or any creditor, heir, legatee, devisee or distributee may object to the
allowance of any claim filed against the estate by filing objections thereto in writing; and,
thereupon, the court must cause an issue to be made up between the claimant and objector,
in which issue the correctness of such claim must be tried as in a civil action, if required;
and, if it is found for the claimant to the whole amount thereof, the same must be allowed
and such claimant recover the costs of the trial of such issue; but, if against the claimant,
the claim must be rejected, and the party contesting recovers the cost of the trial of such
issue. (Code 1852, §1854; Code 1867, §2203; Code 1876, §2575; Code 1886, §2245; Code 1896,
§313; Code 1907, §2781; Code 1923, §6020; Acts 1931, No. 732, p. 843; Code 1940, T. 61,
§407.)...
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6-10-24
Section 6-10-24 Declaration of claimed exemptions - Effect of waiver or contest. After such
declaration of claim has been filed for record, the property therein embraced shall not be
subject to levy unless there is endorsed on the process the fact that there has been a waiver
of exemption as to the kind of property on which the levy is sought to be made or the claim
is contested. (Code 1876, §2830; Code 1886, §2519; Code 1896, §2045; Code 1907, §4172;
Code 1923, §7894; Code 1940, T. 7, §637.)...
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6-9-180
Section 6-9-180 Jury trial on issues of fact. If the motion or application is to enter satisfaction
of a judgment under the Alabama Rules of Civil Procedure or to set aside the entry of satisfaction
of a judgment, on request of either party, the issue of fact must be tried by a jury. (Code
1886, §2870; Code 1896, §3340; Code 1907, §4146; Code 1923, §7861; Code 1940, T. 7, §573.)...

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15-23-10
Section 15-23-10 Compensation for economic loss resulting from criminal conduct - Hearing required
generally; procedure in contested cases; settlement by consent order, etc. (a) Every party
to a claim shall be afforded an opportunity to appear and be heard and to offer evidence and
argument on any issue relevant to the claim, and to examine witnesses and offer evidence in
reply to any matter of an evidentiary nature in the record relevant to the claim. (b) In a
contested case, all parties shall be afforded an opportunity for hearing after reasonable
notice pursuant to regulations promulgated by the commission. A record of the proceedings
of the hearing in a contested case shall be made and shall be transcribed upon request of
any party who shall pay transcription costs unless otherwise ordered by the commission. (c)
The commission may, without a hearing, settle a claim by stipulation, agreed settlement, consent
order or default. (Acts 1984, No. 84-658, p. 1308, §10.)...
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41-22-12
Section 41-22-12 Notice and opportunity for hearing in contested cases; contents of notice;
power of presiding officer to issue subpoenas, discovery and protective orders; procedure
upon failure of notified party to appear; presentation of evidence and argument; right to
counsel; disposition by stipulation, settlement, etc.; contents of record; public attendance
at oral proceedings; recordings and transcripts of oral proceedings. (a) In a contested case,
all parties shall be afforded an opportunity for hearing after reasonable notice in writing
delivered either by personal service as in civil actions or by certified mail, return receipt
requested. However, an agency may provide by rule for the delivery of such notice by other
means, including, where permitted by existing statute, delivery by first class mail, postage
prepaid, to be effective upon the deposit of the notice in the mail. Delivery of the notice
referred to in this subsection shall constitute commencement of the contested...
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6-10-26
Section 6-10-26 Claim of exemption after levy and prior to sale; contesting of such claim.
The right of homestead or other exemption shall not be waived or lost by a failure, before
the levy of process, to file for record a declaration claiming the same; but the defendant,
in person or by his or her agent or attorney, may, at any time after the levy and prior to
a sale, file with the officer making the levy a claim in writing, verified by oath, to such
property, or any part thereof, as exempt and, if of a part, describing the same; and, within
three days thereafter, such officer must give to the plaintiff or his or her agent or attorney
written notice of the filing of the claim. Thereupon, the plaintiff, in person or by his or
her agent or attorney, may contest the claim in the mode provided in Section 6-10-25; except,
that no bond need be executed; and on the institution of such contest, the officer shall,
within three days thereafter, give the defendant written notice of the same. If...
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