15-13-115
Section 15-13-115 Obligation of sureties in probation cases. The obligation of sureties is
continued beyond the finding of a guilty verdict by the judge or by a jury in cases where
the maximum sentence, set out by law, does not exceed 10 years and where the court desires
to continue the case for a probation hearing so long as the court has not announced the sentence
to be imposed or sentenced the defendant in any form as set out by law. In such cases, the
obligation of the sureties is continued until there has been a determination and order by
the court of denying or granting probation. In cases where the maximum sentence as set out
by law is less than 10 years, and the court has imposed a sentence, the sureties, may continue
their obligation on such bail beyond the findings or rendering of the verdict but such an
agreement shall be entered on the docket or case summary sheet and the surety shall execute
their name or names by the entry. (Acts 1993, No. 93-677, p. 1259, §16.)...
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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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28-4-277
Section 28-4-277 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Persons entitled to appeal; bond for costs of appeal required; right to
jury trial; proceedings in circuit court. Any person appearing and becoming a party defendant
as provided in this article may appeal from the judgment of forfeiture and condemnation as
to the whole or any part of the liquors and beverages and vessels and receptacles claimed
by him and adjudged forfeited to the circuit court as in other cases appealed from a district
court to a circuit court, the appeal to be granted upon parties giving bond for the cost of
appeal, that will be incurred in the circuit court. Upon written demand being made therefor
endorsed on the appeal bond at the time said appeal is taken, the appellants may be entitled
to a jury for the trial of the action in the circuit court. Said circuit court shall proceed
with the case de novo and may cause suitable issues to be framed for the...
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30-3-112
Section 30-3-112 Filing of action in juvenile or family court division. An action for retroactive
support shall be filed in the juvenile or family court division of the district or circuit
court in the county in which the parent or guardian resides or in the county in which the
child resides. There shall be no right to a jury trial. (Acts 1994, No. 94-213, p. 298, §3.)...

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13A-12-57
Section 13A-12-57 Trial; defendant bound over. The court shall thereupon proceed to hear the
evidence in the case, and, if probable cause is shown for believing said parties or any of
them to be guilty, he shall bind them over under proper bond to await the action of the grand
jury in accordance with the laws of the state as prescribed in preliminary examinations before
courts authorized by law to conduct preliminary examinations, and all rules of procedure applicable
to such preliminary examinations shall be likewise applicable to proceedings under this division.
(Acts 1909, No. 193, p. 183; Code 1923, §4289; Code 1940, T. 14, §301; Code 1975, §13-7-98.)...

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13A-5-44
Section 13A-5-44 Jury selection and separation; waiver by defendant of jury participation in
sentence hearing. (a) The selection of the jury for the trial of a capital case shall include
the selection of at least two alternate jurors chosen according to procedures specified by
law or court rule. (b) The separation of the jury during the pendency of the trial of a capital
case shall be governed by applicable law or court rule. (c) Notwithstanding any other provision
of law, the defendant with the consent of the state and with the approval of the court may
waive the participation of a jury in the sentence hearing provided in Section 13A-5-46. Provided,
however, before any such waiver is valid, it must affirmatively appear in the record that
the defendant himself has freely waived his right to the participation of a jury in the sentence
proceeding, after having been expressly informed of such right. (Acts 1981, No. 81-178, p.
203, §6.)...
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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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35-11-224
Section 35-11-224 Issues; finding or verdict; judgment generally. Any defendant, by appropriate
plea, may put in issue the fact of indebtedness or the existence of the lien, or both, and
may interpose any other defense applicable to the action; and if the court by its finding,
or the jury by their verdict, as the case may be, ascertain that the plaintiff has a lien
as claimed, judgment shall be entered for the amount secured thereby, interest and costs,
against the party liable for the same, and establishing the lien, and condemning the property
to sale for the satisfaction thereof; but if the finding or verdict is for the plaintiff only
on the issue of indebtedness, a judgment shall be entered in his favor for the amount thereof
as in other cases. (Code 1886, §3034; Code 1896, §2739; Code 1907, §4770; Code 1923, §8848;
Code 1940, T. 33, §52.)...
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24-8-14
Section 24-8-14 Civil action; sale, encumbrance, etc. consummated before issuance of order;
relief and award. (a) A civil action must be commenced within one year after the alleged discriminatory
housing practice has occurred. However, the court shall continue a civil case brought pursuant
to this section, from time to time, before bringing it to trial if the court believes that
the conciliation efforts of the office or local agency are likely to result in satisfactory
settlement of the discriminatory housing practice complained of in the complaint made to the
office or to the local agency and which practice forms the basis for the action in court.
Any sale, encumbrance, or rental consummated before the issuance of any court order issued
under the authority of this chapter and involving a bona fide purchaser, encumbrances, or
tenant without actual notice of the existence of the filing of a complaint or civil action
under the provisions of this chapter are not affected. A civil action...
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35-11-112
Section 35-11-112 Joinder of persons having liens on same property. (a) Persons having liens
under the provisions of this division, on the same property, may join in the same action for
the enforcement of their respective liens; and when there is such joinder, the court or jury
trying the action must ascertain the amount due to each of the plaintiffs secured by the lien,
and judgment must be rendered accordingly; but the failure of one or more of the plaintiffs
to establish his or their liens shall not defeat a recovery by the others. The proceeds of
the sale of the property levied on, if not sufficient to satisfy the demands of all the plaintiffs,
shall be distributed, after payment of the costs, pro rata among them. (b) When persons having
such liens on the same property refuse, after notice in writing, to join in such action, the
persons giving the notice may proceed without them on making affidavit of the fact of such
notice and refusal; and notice of the levy of the attachment...
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