Alabama Code 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 for a reversal on appeal if it appears that the same rule of law was substantially and fairly given to the jury in the court’s general charge or in charges given at the request of parties. In case of appeal, the charges must be set out in the record on appeal in the following manner:
Terms Used In Alabama Code 12-16-13
- 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.
- Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: means next after. See Alabama Code 1-1-1
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
- state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. 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.
- writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
Every general charge shall be in writing or be taken down by the court reporter as it is delivered to the jury.