Alabama Code 12-12-71. When appeals taken to circuit courts; nature of proceedings and right to jury trial upon appeals to circuit courts
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Terms Used In Alabama Code 12-12-71
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- circuit: means judicial circuit. See Alabama Code 1-1-1
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Except as provided in Section appellate courts” class=”unlinked-ref” datatype=”S” sessionyear=”2020″ statecd=”AL” title=”12″>12-12-72 and in subsection (e) of Section 12-15-120, all appeals from final judgments of the district court shall be to the circuit court for trial de novo.
An appellant shall not be entitled to a jury trial in circuit court unless it is demanded in the notice of appeal, and an appellee shall have no right to a jury trial unless written demand is filed in circuit court within 14 days of service upon him of notice of appeal.