12-22-192
Section 12-22-192 Petition for appeal under division; contents thereof. In such criminal
cases where the defendant has been adjudicated guilty by the trial court he may, if no motion
for a new trial is filed within 10 days after the last day on which a motion for a new trial
could have been filed or within 10 days after the ruling of the trial court upon a motion
for a new trial, duly filed and ruled on adversely to defendant, file with the clerk or the
trial judge of the court wherein such defendant was adjudicated guilty and sentenced a petition
in writing, sworn to and subscribed by said defendant, stating that the defendant desires
to take an appeal under the provisions of this division. Such petition must identify the style
of the case, the offense for which the defendant was convicted, the plea made by the defendant,
the date of the adjudication of guilt, the sentence and the punishment therefor and the name
of the court imposing such punishment, together with the name of the...
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15-13-131
Section 15-13-131 Proceeding in forfeiture of bail - Not cash - Conditional forfeitures
order. (a) When a defendant fails to appear in court as required by the undertaking of bail
and no sufficient excuse has been provided to the court prior to the hearing, the court shall
order a conditional forfeiture and show cause order against the defendant and the sureties
of the bail. The court shall notify defendant and sureties of the order as set out in this
article. The defendant or sureties, or both, shall file a written response with the clerk
of the court within 28 days of the date of service of the notice why the bond should not be
forfeited. If a written response is filed within the time allowed and the court is of the
opinion the written response is sufficient, the court shall set aside the conditional forfeiture.
If the court is of the opinion the written response is not sufficient, the court shall set
a hearing to determine whether the bond should be forfeited. The hearing shall not...
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15-23-82
Section 15-23-82 Clerk of court to accept and disburse restitution. The clerk of the
court is authorized and shall accept partial payments from defendants when directed to do
so by the court, pursuant to the conditions in Section 12-19-26. The clerk of the court
shall disburse restitution to victims or the authorized recipient, including partial periodic
payments as ordered under any judgment, decree, or order of the circuit or district court,
pursuant to Section 15-18-65 et seq. The disbursements shall be made to the victims
or the authorized recipient no later than the time provided in Rule 4, Alabama Rules of Judicial
Administration. The clerk of the court shall, at the end of each month, provide to the district
attorney and probation office a list of the names of defendants who are delinquent in their
restitution payments under a court-approved installment plan or any other deferred-payment
time period specified by the court in its sentencing order. (Acts 1995, No. 95-583, p. 1234,...

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6-6-543
Section 6-6-543 Trial by jury or determination by court; entry and effect of judgment.
Upon the application of either party in a proceeding under Section 6-6-540, a trial
by jury shall be directed to determine the issues or any specified issue of fact presented
by the pleadings, and the court is bound by the result, but may, for sufficient reasons, order
a new trial thereof; and when a trial by jury is not requested, or as to the facts for which
the same is not requested, the court shall consider and determine any title, claim, interest,
or encumbrance. The court shall, upon the finding of the jury or upon such consideration and
determination, finally adjudge whether the defendant has any right, title, or interest in,
or encumbrance upon, such lands, or any part thereof, what such right, title, interest, or
encumbrance is and in or upon what part of the lands the same exists; and such judgment is
binding and conclusive upon all the parties to the action. (Code 1896, §812; Code 1907,...

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12-22-242
Section 12-22-242 Reversal of judgment. If the judgment is reversed, the appellate court
may order a new trial or that the defendant be discharged or that he be held in custody until
discharged by due course of law or make such other order as the case may require. If the defendant
is ordered to be discharged, no forfeiture can be taken on his undertaking of bail. (Code
1876, §4992; Code 1886, §4523; Code 1896, §4335; Code 1907, §6266; Code 1923, §3259;
Code 1940, T. 15, §390.)...
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3-5-12
Section 3-5-12 Proceedings for recovery of livestock or animal by owner; determination
of validity of seizure, amount of damages, etc., where owner unknown, etc.; fees and costs
of district court judge and officer making seizure; appeals from judgment of district court.
(a) The owner of any livestock or animal which has been seized shall have the right to possession
of the same by paying such judgment and the costs thereof or, if no judgment has been entered,
by paying such damages as may be agreed upon together with fees and costs and expenses due
on account of such seizure to the person or officer so seizing such livestock or animal or
to the person who may at the time of such payment have such livestock or animal in his possession
and by paying to the court the costs of the court incurred to the time of such payment. Should
the parties be unable to agree upon the amount of damages, fees, costs and expenses due, either
party shall have the right to go before any district court judge...
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12-22-198
Section 12-22-198 Appeals from denial of petition or where parts of record ordered transcribed
deemed inadequate. (a) Any defendant or petitioner who has filed a petition under the provisions
of this division and which petition is denied by the trial court, or if parts of the record
ordered to be transcribed are deemed to be inadequate by defendant or petitioner, said defendant
or petitioner may, within 10 days from the order of the trial court, file a notice of appeal
with the clerk of the trial court from the order denying the petition or from the order deemed
inadequate in specifying the parts of the transcript of the evidence to be forwarded to the
appellate court on appeal, and such notice of appeal shall specify with particularity wherein
the defendant or petitioner considers himself aggrieved by the order of the trial court, whereupon
the trial judge shall cause to be certified and transmitted, to the Court of Criminal Appeals
in cases wherein the punishment is 20 years or less...
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12-22-72
Section 12-22-72 Affirmation of stayed judgment - Generally. When a judgment or decree
is entered or rendered for money, whether debt or damages, and the same has been stayed on
appeal by the execution of bond, with surety, if the appellate court affirms the judgment
of the court below, it must also enter judgment against all or any of the obligors on the
bond for the amount of the affirmed judgment, and the costs of the appellate court; and, upon
the appeal of any judgment or decree entered or rendered for any amount of commissions, fees
or compensation fixed or determined by the trial court and taxed or allowed as costs, if the
appellate court affirms the judgment or decree of the court below and the payment thereof
has been stayed on such appeal, judgment shall be entered by the appellate court against all
or any of the obligors on the bond for the amount affirmed, and the costs of the appellate
court; provided, however, that if no supersedeas bond has been executed on such appeal,...

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15-13-81
Section 15-13-81 Conditional judgment - Entry; notice to defendant; execution and return
of notice; alias notices. (a) When an undertaking of bail is forfeited by the failure of the
defendant to appear as required, except when money is deposited instead of bail, a conditional
judgment must be entered by the court in favor of the state against the parties to the undertaking
for the sum thereon expressed, which judgment may be substantially as follows: The State)
vs.) A.B.) Indictment for assault and battery (or other offense, as the case may be). It appearing
to the court that the said A. B. together with C. D. and E. F. agreed to pay the State of
Alabama _____ dollars (the sum specified in the undertaking) unless the said A. B. appeared
at the time and place mentioned and fixed in the bond or undertaking to answer in this case;
and the said A. B. having failed to appear at the time and place mentioned in the bond or
undertaking, it is therefore ordered that the State of Alabama recover...
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18-1A-95
Section 18-1A-95 Disposition of preliminary objections; award of litigation expenses
to defendant. (a) If the probate court determines that a preliminary objection is meritorious,
the court shall make an appropriate order including: (1) Dismissal of the action, in whole
or in part, if the plaintiff is not authorized to take the property, or some part thereof,
or the acts or omissions constituting the basis for the objection will necessarily inflict
irreparable injury upon the defendant; (2) Conditional dismissal, in whole or in part, unless,
within a specified period, the plaintiff takes corrective or remedial action prescribed in
the order, including, if appropriate, the adoption of a new or amended condemnation authorization;
or (3) Any other disposition required by the circumstances. (b) In addition to other requirements
of an order sustaining a preliminary objection or determining that the failure or omission
constituting the basis of the objection was reasonably excusable, the...
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