|
35-6-122
Section 35-6-122 Trial by jury. Either party shall be entitled to a trial by jury, on demand
made therefor at any time before the hearing, and the jury shall decide the facts under the
charge of the judge. When a jury is demanded, the court shall order the sheriff to summon
12 men, or, by agreement of the parties, any less number, competent to serve as jurors; and
the mode of swearing, impaneling, challenging, and supplying the places of jurors shall be
the same, so far as practicable, as in the circuit court, on the trial of civil actions. (Code
1876, §3531; Code 1886, §3277; Code 1896, §3202; Code 1907, §5248; Code 1923, §9352;
Code 1940, T. 47, §245.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-122.htm - 994 bytes - Match Info - Similar pages
40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-2B-2.htm - 39K - Match Info - Similar pages
18-1A-151
Section 18-1A-151 Demand for trial by jury; waiver; procedure for jury selection, etc. (a)
In the circuit court the amount of compensation and any additional issue for which the right
to trial by jury is secured by the Constitution shall be determined by a jury only if a party
entitled to participate in the trial of the issue expressly demands trial by jury. The circuit
court shall determine all other issues without a jury. (b) The number of jurors, method used
for impanelling and selecting jurors, number and method for exercising challenges, form of
oath to be administered, number of jurors required to return a verdict, and all other procedures
relating to trial by jury, to the extent practicable, shall conform to the requirements applicable
in civil actions under the Alabama Rules of Civil Procedure. (Acts 1985, No. 85-548, p. 802,
§902.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/18-1A-151.htm - 1K - Match Info - Similar pages
12-16-140
Section 12-16-140 Procedure generally. In all civil actions triable by jury, either party may
demand a struck jury and must thereupon be furnished by the clerk with a list of 24 jurors
in attendance upon the court, from which a jury must be obtained by the parties or their attorneys
alternately striking one from the list until 12 are stricken off, the party demanding the
jury commencing. The jury thus obtained must not be challenged for any cause, except bias
or interest as to the particular case. (Code 1852, §2264; Code 1867, §2668; Code 1876, §3018;
Code 1886, §2752; Code 1896, §2656; Code 1907, §4635; Code 1923, §8663; Acts 1932, Ex.
Sess., No. 35, p. 34; Code 1940, T. 30, §54.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-16-140.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-16-100.htm - 5K - Match Info - Similar pages
6-6-593
Section 6-6-593 Court always open; return of summons; setting of case for trial; trial by court
or jury. (a) The court is at all times open for the trial of a case or the granting of orders
therein. The summons shall be returnable 10 days from the date of issuance, and if five days'
service is not had before such return day, the summons is returnable to the first day after
the expiration of five days after such service. If such return day shall be a day of any regular
or special session of the court, the case stands for trial on the next day after the return
day, unless good cause shall be shown for further delay; but if such return day does not fall
within a regular or special session, the judge must fix a day for the hearing, of which the
clerk must notify the parties or their attorneys; and on such day the case may be tried or,
for good cause shown or by consent of parties and the approval of the court, may be continued
to another day. (b) The case specified in this section must be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-593.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-81.htm - 6K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-277.htm - 1K - Match Info - Similar pages
40-3-25
Section 40-3-25 Appeals - Procedure. All appeals from the rulings of the board of equalization
fixing value of property shall be taken within 30 days after the final decision of said board
fixing the assessed valuation as provided in this chapter. The taxpayer shall file notice
of said appeal with the secretary of the board of equalization and with the clerk of the circuit
court and shall file bond to be filed with and approved by the clerk of the circuit court,
conditioned to pay all costs, and the taxpayer or the state shall have the right to demand
a trial by jury by filing a written demand therefor within 10 days after the appeal is taken.
When an appeal is taken, the taxpayer shall pay the taxes due as fixed for assessment for
the preceding tax year before the same becomes delinquent; and, upon failure to do so, the
court upon motion ex mero motu must dismiss the appeal, unless at the time of taking the appeal
the taxpayer has executed a supersedeas bond with sufficient sureties...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-3-25.htm - 5K - Match Info - Similar pages
43-2-354
Section 43-2-354 Notice and hearing; judgment; costs; appeals. The personal representative
of the estate of a decedent may give notice in writing to the claimant or anyone having a
beneficial interest in a claim against the estate that such claim is disputed in whole or
in part; if in part, specifying the part disputed. Thereupon the judge of the court having
jurisdiction of the administration of the estate shall, on written application of either the
personal representative or the claimant, hear and pass on the validity of such claim, or part
thereof, first giving 10 days' notice of such hearing to the interested parties. If the claimant
in such proceeding shall fail to recover upon the disputed part of such claim, he shall be
taxed with the costs thereof. This section shall not apply to claims against estates declared
insolvent. If the judgment on any such claim is rendered by a probate court, either party
may, within 30 days after the rendition of such judgment, appeal to the circuit...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-354.htm - 2K - Match Info - Similar pages
|