Code of Alabama

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11-17-10
Section 11-17-10 Appeals from assessment of damages - Conduct of hearing generally; establishment
of damages by jury. On the hearing of such trial, the court shall cause an issue to be made
between the parties interested to ascertain the amount of damages for the property taken or
injured in locating the burial place. Either party may examine witnesses on such trial and
may argue the questions to the court or jury by themselves or counsel, which questions must
then be submitted to the jury for their determination, which amount of damages shall be fixed
by the verdict of the jury. (Code 1907, §95; Code 1923, §100; Code 1940, T. 12, §217.)...

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10A-2A-13.30
Section 10A-2A-13.30 Court action. (a) If a stockholder makes demand for payment under Section
10A-2A-13.26 which remains unsettled, the corporation shall commence a proceeding within 60
days after receiving the payment demand and petition the court to determine the fair value
of the stock and accrued interest. If the corporation does not commence the proceeding within
the 60-day period, it shall pay in cash to each stockholder the amount the stockholder demanded
pursuant to Section 10A-2A-13.26 plus interest. (b) The corporation shall commence the proceeding
in the designated court, and if none, the circuit court for the county in which the corporation's
principal office is located in this state, and if none in this state, in the circuit court
for the county in which the corporation's most recent registered office is located. (c) The
corporation shall make all stockholders (regardless of whether they are residents of this
state) whose demands remain unsettled parties to the proceeding...
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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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26-2-54
Section 26-2-54 Revocation of guardianship or conservatorship - Upon application by person
ascertained to be incapacitated - Entry of decree or judgment as to contested application
upon rendition of verdict of jury. If, on the trial of the contest, the jury finds the facts
stated in the application to be true, the court must enter a decree revoking the proceedings
on the inquisition and the guardianship or conservatorship, and declaring that the ward must
be restored to the custody and management of his or her estate and must adjudge the costs
as is just and equitable, but if the verdict of the jury negatives the facts stated in the
application, a judgment of dismissal at the cost of the applicant or of the next friend must
be entered. (Code 1852, §2761; Code 1867, §3200; Code 1876, §2807; Code 1886, §2400; Code
1896, §2265; Code 1907, §4355; Code 1923, §8113; Code 1940, T. 21, §19; Acts 1987, No.
87-590, p. 975, §2-333(b).)...
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12-16-100
Section 12-16-100 Drawing, selection, and empaneling of juries in criminal cases - Generally.
(a) In every criminal case the jury shall be drawn, selected and empaneled as follows: Upon
the trial by jury in the circuit courts of any person charged with a felony, including a capital
felony, a misdemeanor, or violation, the court shall require a strike list or lists to be
compiled from the names appearing on the master strike list as established in Section 12-16-74.
In compiling the list or lists, names of qualified jurors may be omitted on a nonselective
basis. A strike list shall be furnished for the trial of any case at hand and a copy thereof
given to all parties. The jurors whose names appear thereon shall be brought into open court,
the case shall be called and in the presence of the district attorney and the defendant and
his attorney, the jurors shall be examined on voir dire for the trial of the case at hand.
After the conclusion of the voir dire examination and the removal from...
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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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25-5-81
Section 25-5-81 Determination of disputed compensation claims generally. (a) Commencement of
action in circuit court. (1) PROCEDURE. In case of a dispute between employer and employee
or between the dependents of a deceased employee and the employer with respect to the right
to compensation under this article and Article 2 of this chapter, or the amount thereof, either
party may submit the controversy to the circuit court of the county which would have jurisdiction
of a civil action in tort between the parties. The controversy shall be heard and determined
by the judge who would hear and determine a civil action between the same parties arising
out of tort, and, in case there is more than one judge of the court, the controversies shall
be set and assigned for hearing under the same rules and statutes that civil actions in tort
are set and assigned. The court may hear and determine the controversies in a summary manner.
The decision of the judge hearing the same shall be conclusive and...
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6-5-549
Section 6-5-549 Standard of proof shall be proof by substantial evidence; scintilla rule of
evidence abolished; instruction to jury. In any action for injury or damages or wrongful death,
whether in contract or in tort, against a health care provider based on a breach of the standard
of care, the minimum standard of proof required to test the sufficiency of the evidence to
support any issue of fact shall be proof by substantial evidence. In all such actions, whether
arising in tort or in contract, the scintilla rule of evidence is abolished. In all pleadings
or motions filed in such actions testing the sufficiency of the evidence to support an issue
of fact, including, but not limited to, motions for summary judgment, motions for directed
verdict, motions for judgment notwithstanding the verdict, and any other such motions or pleadings
respecting the sufficiency of the evidence, the standard of proof required shall be proof
by substantial evidence. In the case of a jury trial, the jury...
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11-42-66
Section 11-42-66 Appeals from judgment of probate judge - Filing; security for costs; right
to jury trial. The property holders of the city shall have the right to appeal from the judgment
of the judge of probate to the circuit court of the county in which the land is situated,
within 10 days from the rendition of the judgment by the judge of probate, the property owner
giving security for cost of appeal, to be approved by the judge of probate, if the appeal
is taken by the property owner. On an appeal taken by either party, the action shall be entered
on the trial docket and tried de novo in the circuit court, without a jury unless a trial
by jury is demanded by the party taking the appeal by serving upon the other party a demand
therefor in writing not less than 10 days after filing the notice of appeal or unless a trial
by jury is demanded by the other party in the action by serving a demand therefor in writing
upon the other party within 10 days from the time that notice of such...
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12-16-7
Section 12-16-7 Duty of juror to declare personal knowledge as to fact in controversy during
trial and proceedings upon such declaration; proceedings upon declaration of fact by juror
during retirement of jury. If a juror has personal knowledge respecting any fact in controversy,
he must declare it in open court during the trial; and, if during the retirement of the jury
a juror declares a fact as of his own knowledge which could be evidence in the case, the jury
must forthwith return into court and such juror must, in either case, be sworn and examined
as a witness in the presence of the parties. (Code 1852, §648; Code 1867, §4200; Code 1876,
§4905; Code 1886, §4475; Code 1896, §5299; Code 1907, §7896; Code 1923, §5634; Code 1940,
T. 30, §7.)...
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