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6-6-285
Section 6-6-285 Proceedings upon defendant's suggestion of disputed boundary line. The defendant,
within pleading time or within 30 days before the case is called for trial and after notice
to the plaintiff or his attorney of record of his purpose so to do, may file his suggestion
in writing that the action arises over a disputed boundary line, in which suggestion he shall
describe the location of the true line, and the court or jury trying the issue shall ascertain
the true location of the boundary line, and judgment shall be entered accordingly, and shall
order the sheriff to establish and mark the true line as ascertained; and, in such case, the
costs shall be apportioned justly and equitably. A single judgment on such issue of the location
of the true boundary line shall bar another action for the location of the same boundary line.
(Code 1852, §2213; Code 1867, §2614; Code 1876, §2963; Code 1886, §2699; Code 1896, §1533;
Code 1907, §3843; Code 1923, §7457; Code 1940, T. 7,...
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13A-5-53.1
Section 13A-5-53.1 Appeals of capital punishment. (a) Rule 32.2(c) of the Alabama Rules of
Criminal Procedure shall not apply to cases in which a criminal defendant is convicted of
capital murder and sentenced to death, and files a petition for post-conviction relief under
the grounds specified in Rule 32.1(a), (e), or (f) of the Alabama Rules of Criminal Procedure.
(b) Post-conviction remedies sought pursuant to Rule 32 of the Alabama Rules of Criminal Procedure
in death penalty cases shall be pursued concurrently and simultaneously with the direct appeal
of a case in which the death penalty was imposed. In all cases where the defendant is deemed
indigent or as the trial judge deems appropriate, the trial court, within 30 days of the entry
of the order pronouncing the defendant's death sentence, shall appoint the defendant a separate
counsel for the purposes of post-conviction relief under this section. Appointed counsel shall
be compensated pursuant to Chapter 12 of Title 15;...
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15-13-126
Section 15-13-126 Return of bondsman's process. (a) All bondsman's processes, when executed
by sureties or other lawful authorized persons, shall be returned by the sheriff, chief of
police, or other authorized law enforcement officer to the clerk of the court from which they
were issued once the defendant is returned to the custody of the court of jurisdiction with
the proper return thereon endorsed. (b) If the bondsman's process is executed, the return
shall be made within five days after service. (c) When any writ of arrest or other warrant
issued by the clerk of the court, in the same case as a bondsman's process, to any law enforcement
officer and the warrant has been executed and returned to the clerk of the court, the clerk
shall notify the surety which obtained the bondsman's process, and if the bondsman's process
has not been executed at the time of the notice, then the surety shall return the process
to the clerk of the court within five days and the surety shall endorse...
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6-10-30
Section 6-10-30 Contest of exemption claim - Trial of issues. The contest of any claim of exemptions
shall be a preferred case, and after the return of the process, if both parties appear, an
issue or issues shall be formed under the direction of the court as to whether the property
in contest, or any and what part of it, is exempt as claimed. Such issue or issues shall be
tried as other cases are tried. In all cases, the party in whose favor the levy was made shall
be deemed the plaintiff, upon whom shall rest the burden of proof, and both parties shall
be entitled to the same right of objection, exception, and of appeal as in other cases. (Code
1876, §2838; Code 1886, §2526; Code 1896, §2052; Code 1907, §4179; Code 1923, §7901;
Code 1940, T. 7, §644.)...
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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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12-16-78
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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13A-5-45
Section 13A-5-45 Sentence hearing - Delay; statements and arguments; admissibility of evidence;
burden of proof; mitigating and aggravating circumstances. (a) Upon conviction of a defendant
for a capital offense, the trial court shall conduct a separate sentence hearing to determine
whether the defendant shall be sentenced to life imprisonment without parole or to death.
The sentence hearing shall be conducted as soon as practicable after the defendant is convicted.
Provided, however, if the sentence hearing is to be conducted before the trial judge without
a jury or before the trial judge and a jury other than the trial jury, as provided elsewhere
in this article, the trial court with the consent of both parties may delay the sentence hearing
until it has received the pre-sentence investigation report specified in Section 13A-5-47(b).
Otherwise, the sentence hearing shall not be delayed pending receipt of the pre-sentence investigation
report. (b) The state and the defendant shall be...
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27-29-13
Section 27-29-13 Judicial review of actions by commissioner; petition for mandamus against
same. (a) Any person aggrieved by any act, determination, rule, regulation, or order or any
other action of the commissioner pursuant to this chapter may appeal therefrom within 30 days
after such action, determination, rule, or regulation is taken or issued, in accordance with
the provisions of Section 27-2-32, except that the court shall conduct its review without
a jury and by trial de novo; provided, however, that all the parties, including the commissioner,
may stipulate that the review shall be confined to the record. Portions of the record may
be introduced by stipulation into evidence in a trial de novo as to those parties so stipulating.
(b) The filing of an appeal pursuant to this section shall stay the application of any such
rule, regulation, order, or other action of the commissioner to the appealing party unless
the court, after giving such party notice and an opportunity to be...
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12-16-13
Section 12-16-13 Charges moved for by parties; appeals; general charges. Charges moved for
by either party must be in writing and must be given or refused in the terms in which they
are written, and it is the duty of the judge to write "given" or "refused,"
as the case may be, on the document and sign his name thereto, which thereby becomes a part
of the record. Charges which are marked "given" by the trial judge must be taken
by the jury with them on retirement, and those "refused" must be retained by the
clerk. The court shall, after the conclusion of his charge to the jury, read such written
charges as he has given for the parties in a clear and audible voice, saying to the jury,
"these are instructions given you by the court at the request of the plaintiff or defendant,
as the case may be, and are correct statements of the law to be taken by you in connection
with what has already been said to you." The refusal of a charge, though a correct statement
of the law, shall not be cause...
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12-16-70
Section 12-16-70 Names of prospective jurors provided from master jury list; preparation of
list; summons. When jurors, grand or petit, are needed for court, the judge, or where there
are more than one, then any one of the judges of the court, shall at a time within his or
her discretion, but at least 20 days prior to the date on which the prospective jurors are
to serve, draw or cause to be provided from the master jury list compiled pursuant to Rule
40, Alabama Rules of Judicial Administration, the names of prospective jurors in a number
the judge deems sufficient to obtain the juries needed for the period for which the names
are drawn; provided, however, if prior to the date of service, it appears that an insufficient
number of prospective jurors summoned will be available to constitute the juries for the period
for which they were summoned, the court shall cause the names of additional prospective jurors
to be provided and to be summoned for service forthwith. The names so provided...
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