36-11-14
Section 36-11-14 Proceedings in circuit court - When case stands for trial; conduct of trial
generally; right to jury trial. When the information is filed in the circuit court, if the
summons is served 20 days before the day specified in the order, such case shall stand for
trial on that day; and, if the summons is served less than 20 days before the day specified
in the order, then the court shall on the day specified in the order make an order setting
another day on which the defendant shall answer the information and the case stand for trial.
The case shall have precedence and priority over all other business in such court and, shall
be proceeded with in all respects as civil actions are conducted, with the right to either
party to except to the rulings of the court and to reserve such exceptions as in civil actions.
The defendant shall be entitled to a trial by jury on any issue of fact, whenever he demands
the same. (Code 1876, §4057; Code 1886, §4829; Code 1896, §4875; Code...
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12-16-233
Section 12-16-233 Discharge of jury and entry of mistrial. The court or presiding judge in
all cases of jury trial may discharge the jury without giving a verdict, with the consent
of all parties to the trial or without the consent of the parties, when, in the opinion of
the court or judge, there is a manifest necessity for the discharge or when the ends of justice
would otherwise be defeated. In all cases in which the jury is discharged without a verdict,
a mistrial shall be entered upon the minutes of the court, assigning the reason or cause for
the mistrial, and no person shall gain any advantage by reason of such discharge of the jury.
(Code 1907, §7314; Code 1923, §8696; Code 1940, T. 30, §100.)...
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12-16-78
Section 12-16-78 Drawing of names from jury box for juries in probate court; summoning and
drawing of jurors; certification to jury commission of names of persons disqualified, exempt
and empaneled. Whenever a jury is required to try any issue in a probate court of the county,
other than inquisition proceedings regarding mental illness, the probate judge shall procure
the jury box and key thereto and shall draw from the jury box as many names as he may think
necessary, in no case less than 24, and shall immediately return the key and box to the proper
custodian thereof respectively. After each name is drawn, it shall not be returned to the
jury box and there shall be no selection of names, and the probate judge shall make and file
a record of the drawing and issue an order to the sheriff requiring him to summon the jurors,
and the probate judge shall draw the juries in the manner provided by this article, and the
judge shall call the names of those disqualified and exempt and those...
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17-16-55
Section 17-16-55 Contest of election of judge of circuit or district court - Testimony; heard
without jury. The testimony on the contest must be taken by deposition as in civil cases at
common law, but no affidavit, other than that of the materiality of the testimony of the witnesses
proposed to be examined, shall be required. Either party may, on giving five days' notice,
require the examination before the commissioner to be oral and that the witnesses be examined
separate and apart from each other. The party against whom the depositions are to be taken
must have at least five days' notice of the time and place of taking such depositions and
of the name and residence of the commissioner or commissioners proposed. The contest must
be heard and determined by the court without the intervention of a jury. (Code 1896, §1694;
Code 1907, §468; Code 1923, §558; Code 1940, T. 17, §244; §17-15-28; amended and renumbered
by Act 2006-570, p. 1331, §83.)...
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18-1A-291
Section 18-1A-291 Distribution of award - Filing of claims by owners or parties; determination
of claims by probate court. Any one of the owners or parties alleged in the complaint to own
or hold any claim, interest or title in the lands sought to be condemned may, after the granting
of the application, file with the probate court his claim for his part or division of the
award made by commissioners; and upon the filing of such claim and upon the payment by the
plaintiff into probate court of such award, the probate court shall set down for hearing the
claim so filed by such party and determine the same. Upon such determination, the probate
court shall distribute the funds to each of the parties so entitled thereto in the sum and
manner in which the facts disclosed upon the hearing show each of said parties to be so entitled,
less all court costs arising from the filing of each such claim. (Acts 1985, No. 85-548, p.
802, §1622; Acts 1996, No. 96-558, p. 828, §1.)...
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12-13-10
Section 12-13-10 Changes of venue. In all cases in the probate court where a jury may be called
to try contested facts, changes of venue may be had as in cases of contested wills and all
the provisions as to changes of venue in cases of contested wills shall apply to changes of
venue under this section. (Code 1867, §809; Code 1876, §716; Code 1886, §804; Code 1896,
§3383; Code 1907, §5441; Code 1923, §9603; Code1940, T. 13, §312.)...
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12-13-6
Section 12-13-6 When process of probate court may be made returnable. All executions and other
process issuing from the probate court may be made returnable, if no other day is provided
by law, not less than three nor more than six months after such issue. (Code 1852, §680;
Code 1867, §805; Code 1876, §710; Code 1886, §799; Code 1896, §3378; Code 1907, §5436;
Code 1923, §9598; Code 1940, T. 13, §307.)...
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12-16-9
Section 12-16-9 Separation and sequestration of jury in felony cases. In the prosecution of
any felony case the trial court in its discretion may permit the jury hearing the case to
separate during the pendency of the trial. The court may at any time on its own initiative
or on motion of any party, require that the jury be sequestered under the charge of a proper
officer whenever they leave the jury box or the court may allow them to separate. A motion
to separate or sequester shall not be made within the hearing of the jury, and the jury shall
not be informed which party, if any, requested separation or sequestration. (Acts 1943, No.
384, p. 358; Acts 1982, No. 82-566, p. 943; Acts 1995, No. 95-190, p. 264, §1.)...
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13A-5-47
Section 13A-5-47 Determination of sentence by court; presentation of arguments on aggravating
and mitigating circumstances; court to enter written findings. (a) After the sentence hearing
has been conducted, and after the jury has returned a verdict, or after such a verdict has
been waived as provided in Section 13A-5-46(a) or Section 13A-5-46(g), the trial court shall
impose sentence. Where the jury has returned a verdict of death, the court shall sentence
the defendant to death. Where a sentence of death is not returned by the jury, the court shall
sentence the defendant to life imprisonment without parole. This code section shall not affect
a trial court's power to sentence in accordance with a guilty plea. (b) Where the sentencing
jury is waived pursuant to Section 13A-5-44 and before imposing sentence the trial court shall
permit the parties to present arguments concerning the existence of aggravating and mitigating
circumstances and the proper sentence to be imposed in the case....
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15-15-24
Section 15-15-24 Determination of degree of offense and fixing of punishment; when jury impaneled.
(a) If a defendant upon arraignment or prior to trial pleads guilty, the court, without the
intervention of a jury, shall determine the degree of the offense and fix the punishment therefor
the same as a jury might fix or impose it if the case were being tried by a jury, unless,
in the discretion of the trial judge, a jury should be impaneled to determine the degree of
the offense or to fix the punishment therefor or unless the defendant at the time of entering
such plea demands a jury in writing. The court shall not in any event, however, impose capital
punishment without the intervention of a jury. (b) Whenever, in the discretion of the trial
judge, a jury should be impaneled or a jury is demanded, in the manner and at the time prescribed
in subsection (a) of this section, no special venire need be drawn, but the court must cause
the punishment to be determined by a jury, except where...
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