12-16-34
Section 12-16-34 Compensation of members. (a) Upon written order of the presiding circuit judge
or his designee, the jury commission shall meet on such days as are required to replenish
the number of names in the trial court jury box and to perform such other necessary duties
as are related thereto. Each member of the jury commission shall be paid the sum of $10.00
for each day he is actually engaged in the discharge of his duties pursuant to the order of
the presiding circuit judge. The president of each jury commission shall submit all claims
for compensation for its members along with a copy of the order of the presiding circuit judge
to the Administrative Director of Courts. Claims shall be submitted on such forms as may be
prescribed by the Administrative Director of Courts, and, if approved, shall be processed
and paid by the state. (b) The compensation of each member of the commission shall not exceed
for any year of his term the following amounts: (1) In counties of 25,000...
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15-14-30
Section 15-14-30 Demand for jury in misdemeanor cases in circuit court. In all misdemeanor
cases in the circuit court, the issues and questions of fact shall be tried by the judge of
the court without the intervention of a jury except in cases where a trial by jury is demanded
in writing by the defendant. Such written demand shall be filed in the case with the clerk
of the court on or before the first sounding of the case if the case is sounded within 30
days after the defendant has been arrested or taken into custody after the finding of the
indictment or, within 30 days after the defendant has appealed if the case is brought to the
circuit court by appeal; and, if such case is not sounded within 30 days after the defendant
has appealed, been arrested or been taken into custody after the finding of the indictment,
then such written demand must be filed with the clerk within 30 days after the defendant has
appealed, or been arrested or taken into custody after the finding of the...
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15-16-21
Section 15-16-21 Suspension of felony trial to inquire into accused's sanity; proceedings upon
jury findings; resumption of proceedings when sanity restored; release restriction. If any
person charged with any felony is held in confinement under indictment and the trial court
shall have reasonable ground to doubt his sanity, the trial of such person for such offense
shall be suspended until the jury shall inquire into the fact of such sanity, such jury to
be impaneled from the regular jurors in attendance for the week or from a special venire,
as the court may direct. If the jury shall find the accused sane at the time of its verdict,
it shall make no other inquiry, and the trial in chief shall proceed. If it finds that he
is insane at that time, the court shall make an order committing him to the Alabama state
hospitals, where he must remain until he is restored to his right mind. When the superintendent
of the hospitals shall be of opinion that such person is so restored, he shall...
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18-1A-292
Section 18-1A-292 Distribution of award - Proceedings when claims not filed and court doubtful
as to proper distribution; assertion of adverse claim or title involving determination of
title to land. The probate court may, in the event no such claims are filed by any of such
parties and where the probate court is doubtful as to a proper division, require the parties
in interest to propound their claims and to hear evidence upon the same in order that the
probate court may determine to what part or proportion of said award each of said parties
may be rightly entitled. No division or partition for distribution shall be made by the probate
court under this section when any adverse claim or title is asserted by any one of the interested
parties, which involves the determination of the title to land, and the procedure for partition
or distribution under this section shall follow as near as may be the manner provided for
the partition of property in chapter 6 of Title 35; except, that no...
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6-10-42
Section 6-10-42 When no action lies against officer levying on exempt property. If no declaration
of claim of exemption has been filed in the office of the judge of probate or if so filed
and the same is contested, no action shall lie against the officer levying the process on
the ground that the property levied on is exempt. (Code 1876, §2833; Code 1886, §2540; Code
1896, §2066; Code 1907, §4193; Code 1923, §7915; Code 1940, T. 7, §658.)...
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6-6-663
Section 6-6-663 Hearing and determination. Unless in cases otherwise directed by this article,
the court must hear and determine the motion and enter judgment upon the evidence without
a jury unless an issue is tendered and a jury trial demanded, when a jury must be immediately
impaneled to try the facts, unless good cause shall be shown for a continuance. (Code 1852,
§2599; Code 1867, §3028; Code 1876, §3354; Code 1886, §3098; Code 1896, §3766; Code 1907,
§5902; Code 1923, §10229; Code 1940, T. 7, §593.)...
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12-13-11
Section 12-13-11 Grounds for granting new trials; costs therefor. (a) On motion filed within
30 days from entry of judgment, a new trial may be granted for the following grounds: (1)
Irregularity in the proceedings of the court, jury or prevailing party, or any order of court,
or abuse of discretion, by which the party was prevented from having a fair trial. (2) Misconduct
of the jury or prevailing party. (3) Accident or surprise, which ordinary prudence could not
have guarded against. (4) Excessive or inadequate damages. (5) Error in the assessment of
the amount of recovery, whether too large or too small where the action is upon a contract
or for the injury or detention of property. (6) The verdict or decision is not sustained by
the great preponderance of the evidence or is contrary to law. (7) Newly discovered evidence,
material for the party applying, which he could not, with reasonable diligence, have discovered
and produced at the trial. (8) Error of law occurring at the trial...
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15-17-5
Section 15-17-5 Grounds for granting new trials; costs thereof. (a) On motion filed within
30 days from entry of judgment, a new trial may be granted for the following grounds: (1)
Irregularity in the proceedings of the court, jury or state or any order of court or abuse
of discretion by which the defendant was prevented from having a fair trial; (2) Misconduct
of the jury or state; (3) Accident or surprise which ordinary prudence could not have guarded
against; (4) That the verdict or decision is not sustained beyond a reasonable doubt or is
contrary to law; (5) Newly discovered evidence, material for the party applying, which he
could not with reasonable diligence have discovered and produced at the trial; and (6) Error
of law occurring at the trial properly preserved by the party making the application. (b)
The court, in granting new trials, may allow the same at the costs of the party applying therefor
or in the costs abiding the event of the case, or a portion of the costs, as the...
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18-2-8
Section 18-2-8 Inquest of jury to be executed, signed and returned. The inquest of the jury
must be reduced to writing, signed by a majority of them and delivered to the sheriff, and
by him returned in five days thereafter to the court of probate. (Code 1852, §2100; Code
1867, §2492; Code 1876, §3566; Code 1886, §3192; Code 1896, §1735; Code 1907, §3896;
Code 1923, §7515; Code 1940, T. 19, §41.)...
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43-2-296
Section 43-2-296 Trial. On the day specified in the citation, or after publication as required,
or on any day thereafter to which the hearing may be continued, the court must proceed to
hear the evidence, and may, in its discretion, examine the parties; and when the application
charges embezzlement, waste or any other maladministration of the estate, either party is
entitled to a trial by jury. (Code 1852, §§1703, 1704; Code 1867, §§2024, 2025; Code 1876,
§§2393, 2394; Code 1886, §2050; Code 1896, §97; Code 1907, §2571; Code 1923, §5794;
Code 1940, T. 61, §184.)...
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