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37-1-154
Section 37-1-154 Bond required upon appeal by utility. If the utility desires to take
an appeal from the judgment of the trial court and to supersede the same, it shall give, in
addition to security for costs, a bond with two or more individual sureties or one surety
company, to be approved by the clerk or register of the court, which bond shall be in an amount
and with the conditions to be prescribed by the judge, and the same shall be payable as prescribed
by law. (Code 1907, §5710; Acts 1909, No. 26, p. 35; Code 1923, §9702; Code 1940, T. 48,
§98.)...
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6-5-542
Section 6-5-542 Definitions. For the purposes of this article, the following terms shall
have the meanings respectively ascribed to them by this section: (1) HEALTH CARE PROVIDER.
A medical practitioner, dental practitioner, medical institution, physician, dentist, hospital,
or other health care provider as those terms are defined in Section 6-5-481. (2) STANDARD
OF CARE. The standard of care is that level of such reasonable care, skill, and diligence
as other similarly situated health care providers in the same general line of practice, ordinarily
have and exercise in like cases. A breach of the standard of care is the failure by a health
care provider to comply with the standard of care, which failure proximately causes personal
injury or wrongful death. This definition applies to all actions for injuries or damages or
wrongful death whether in contract or tort and whether based on intentional or unintentional
conduct. (3) FUTURE DAMAGES. Damages for future medical treatment, care,...
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6-6-163
Section 6-6-163 Forfeiture of claimant's bond; execution for amount of judgment, damages,
and costs. If judgment is entered against the claimant and he fails to deliver the property
to the officer making the levy and pay the costs of the trial of the right of property within
30 days, such officer must endorse the bond forfeited; and thereupon, if the property was
levied on under execution or, if levied on under attachment, after judgment in favor of the
plaintiff against the defendant in attachment, the clerk must issue execution against the
obligors on the bond for the amount of the plaintiff's judgment, for the damages, if any were
assessed, and the costs of the amount of such assessed value, if that is not greater than
the amount of the judgment and for the damages, if any were assessed, and the costs of the
trial of the right of property. And in the event the claimant delivers the property, but fails
to pay damages and costs within 30 days, execution must issue for such damages and...
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6-6-166
Section 6-6-166 Return - Where levy made in different county than where judgment entered
or original attachment issued; trial in circuit court; effect of copies; forfeiture of bond.
(a) When the levy is made in a different county from that in which the judgment was entered
or the original attachment issued, if a claim is interposed to the property, it is the duty
of the officer levying the writ to return the original to the court from which it issued,
with a statement thereon showing the interposition of the claim and true copies of the affidavit
and bond, certified by him; and he must return the original affidavit and bond and a true
copy of the writ under which the levy was made, certified by him, to the circuit court of
his own county, where, after 30 days, the trial of the right of property must be had. The
copies thus required to be made, certified as provided in this section, must be received
in lieu of and have, in all respects, the same effect as the originals. (b) If, in the...
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12-14-71
Section 12-14-71 Appeals from judgments of circuit courts and proceedings thereon. From
the judgment of the circuit court, the municipality, in a case holding invalid an ordinance,
or the defendant in any case, may appeal to the court of criminal appeals in like manner as
in cases of appeals for convictions of violation of the criminal laws of the state. If the
appeal is taken by the municipality, it shall not be required to give surety for the cost
of appeal. When taken by the defendant, he may give bail with sufficient sureties, conditioned
that he will appear and abide by the judgment of the appellate court; and, failing to give
bail, he must be committed to the municipal jail, but he may give such bail at any time pending
the appeal. When an appeal is taken by the defendant, bail is given pending the appeal and
the judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound
by the undertaking of bail to surrender himself to the municipal authorities within...
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15-12-5
Section 15-12-5 Determination of indigency and provision of defense services. (a) Judicial
role in determining indigency. The trial judge shall determine, in accordance with the policies
and procedures established by the Office of Indigent Defense Services, if a person in his
or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from
the trial court to the state appellate court, the trial judge who presided over the proceedings
on appeal shall determine if the appellant is an indigent defendant in accordance with the
policies and procedures established by the Office of Indigent Defense Services. If an indigency
determination is necessary in any proceeding initiated originally in a state appellate court
, the presiding judge or chief justice of the appellate court shall determine if the appellant
or petitioner is an indigent defendant. (b) Criteria for determining indigency. In determining
indigency, the judge shall recognize ability to pay as a variable...
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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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25-5-83
Section 25-5-83 Commutation of compensation to lump sum payments. By agreement of the
parties and with approval of the court, the amounts of compensation payable periodically,
under this article and Article 4 of this chapter, may be commuted to one or more lump sum
payments. No commutation shall be approved by the court unless the court is satisfied that
it is in the best interest of the employee or the employee's dependent, in case of death,
to receive the compensation in a lump sum rather than in periodic payments. In making the
commutations, the lump sum payment shall, in the aggregate, amount to a sum equal to the present
value of all future installments of compensation calculated on a six percent basis. (Acts
1919, No. 245, p. 206; Code 1923, §7573; Acts 1939, No. 661, p. 1036, §6; Code 1940, T.
26, §299; Acts 1949, No. 36, p. 47; Acts 1957, No. 336, p. 437; Acts 1969, No. 233, p. 557,
§4; Acts 1975, 4th Ex. Sess., No. 86, p. 2729, §9; Acts 1992, No. 92-537, p. 1082, §27.)...
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27-17A-23
Section 27-17A-23 Civil actions; liability. The commissioner, the Attorney General,
or any person may bring a civil action against a person or company violating this chapter
in the appropriate court of the county in which the alleged violator resides or has his or
her or its principal place of business or in the county wherein the alleged violation occurred.
Upon adverse adjudication, the defendant shall be liable for actual damages caused by the
violation. The court, as provided by common law, may award punitive damages and may provide
equitable relief as it deems proper or necessary, including enjoining the defendant from further
violation of this chapter. (Act 2002-74, p. 221, §1; Act 2014-216, p. 653, §3.)...
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42-2-9
Section 42-2-9 Appeal from assessment of damages. Either party may appeal from the assessment
of damages and compensation by the commissioners to the circuit court of the county within
30 days after the making of the order of condemnation, upon the report of the commissioners,
by filing in the court rendering the judgment a written notice of appeal, a copy of which
shall be served on the opposite party, and on such appeal the trial shall be de novo. No appeal
shall suspend the judgment if the applicant shall pay into court in money the amount of damages
assessed and give bond in double the amount so assessed, with good and sufficient surety,
to be approved by the judge of probate, to pay such damages as the owner may sustain. (Code
1907, §2423; Code 1923, §3157; Code 1940, T. 59, §13.)...
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