Statutes

ARAP

Title 5

§ 209—Appeal in proceedings for reopening of closed banks.

Time for taking appeal—ten days.

Manner of taking appeal—by applying

therefor.

Rule 4(a)—Forty-two days.

Rule 3—Filing notice of appeal.

Title 7

§ 15—Lost, destroyed or mutilated records. Records substituted or restored by the Circuit Court.

Time for taking appeal—Six months

Procedure on appeal—The transcript of the record, proceedings and all testimony shall be certified to the Supreme Court.

Rule 4(a)—Forty-two days.

Rules 10, 11, 30 and 31, for procedure on appeal.

§ 682—Appeal to Supreme Court from decree in Probate Court on exceptions to report on exemptions to widow and minor children.

Manner of taking appeal—Giving security for costs of appeal.

Time for taking appeal—Twenty days

Rule 3(a)—Filing notice of appeal.

Rule 4(a)—Forty-two days.

§ 173—Appeals in proceedings for validation of obligations of the state and political subdivisions.

Time for taking appeal—Fifteen days.

Appellant shall file in the Supreme Court a certified copy of all proceedings not less than 15 days nor more than 20 days after notice of appeal.

Appellant shall file brief within 10 days thereafter. Appellee's brief shall be filed within 5 days after service of appellant's brief.

Appellant may file reply brief within 5 days.

Request for oral argument.

Mandate issued—10 days.

Rule 4(a)—Fourteen days.

Rules 10 and 11—the composition and transmission of the record.

Rule 30—appendix to the brief.

Rule 31—the filing and service of brief.

Rule 31—14 days for reply brief.

Rule 34—oral argument.

Rule 41—issuance of certificate of judgment.

§ 744—Appeal from decision on agreed case.

Appellant may assign errors.

Rule 20—Assignments of error are not required.

§ 751--Certificate of appeal given appellee upon application.

Rule 3(a)(c) and (d) provides for the filing, the form and service of notice of appeal.

The requirements of the trial clerk's certificate in support of appellee's motion to dismiss the appeal for failure to cause timely completion of record are stated in Rule 12(c).

§ 754—Appeals to Supreme Court on all final judgments. This section provides for an appeal from a final judgment as a matter of right and the clerk, register or judge of probate must certify the fact that such appeal was taken, and the time when, as part of the record, which gives the Supreme Court jurisdiction of the case.

Under Rule 3(a) the filing of the notice of appeal with the Clerk of the trial court is jurisdictional. Rule 12 provides that the Clerk of the trial court shall forthwith forward a copy of the notice of appeal to the clerk of the appropriate appellate court

§ 757—Appeal on interlocutory orders sustaining or dissolving injunctions.

Time for taking appeal is not prescribed by present statute. The Supreme Court has held that such appeals must be taken within thirty days. Gordon v. Central Park Little Boys' League, 270 Ala. 311, 119 So.2d 23, Knight v. State, ex rel. Butler, 288 Ala. 428, 261 So.2d 750.

Time for submission

Time for determination.

Rule 4(a)—Fourteen days.

 Rules 11, 31 and 34.

§ 758--Appeal from order appointing or refusing to appoint receiver.

Time for taking appeal—Thirty days

 Procedure on appeal—preferred case.

 Rule 4(a)—Time for taking appeal from any interlocutory order appointing or refusing to appoint a receiver—Fourteen days.

Rule 2(b)--Provides for suspension of rules to expedite appeal.

§ 759—Appeals from interlocutory judgments overruling a motion to dismiss or quash an attachment, or sustaining a demurrer to a plea in abatement to an attachment, or sustaining an attachment against abatement may be taken only with consent of the opposite party; there shall be no reversal if the defect or error can be removed or remedied by amendment.

Rule 5 states the procedure for obtaining permission from an appellate court to appeal from an interlocutory order in a civil action not otherwise appealable.

§ 761—Appeals from judgment on application for remedial writs.

Manner of taking the appeal—Giving security for the costs of appeal.

 Rule 3(a)—Filing notice of appeal.

§ 762—Appeals from judgment on application for remedial writs.

Procedure—Preparation and certification of transcript.

Rule 10(a) and (b)—Composition of the record on appeal.

§ 763—Appeals from partial settlements.

Time for taking appeal—Six months.

Assignments of error.

Rule 4(a)—Forty-two days.

Rule 20—Assignments of error not required.

§ 764—Appeals from decisions on motions for new trials.

Procedure when there is no full-time court reporter.

 Procedure when there is a full-time Court reporter.

Assignments of error.

Rule 10(a) and (b)—Composition of the record on appeal.

Rule 10(d)—Statement of the evidence or proceedings when no report was made or when the transcript is unavailable.

Rule 10(b) and (c)—Transcript of proceedings.

Rule 20—Assignments of error not required.

§ 765—Motion for new trial considered on appeal from original cause.

The action of the Court in refusing the new trial may be assigned as error.

 Rule 20—Assignments of error not required.

§ 776—Other cases in which an appeal lies and time therefor. Under this section, an appeal may be taken from the decree of the Court of Probate or of the Judge of Probate to the Circuit or Supreme Court within the time hereinafter specified, under the same rules and regulations which govern other appeals.

On an application claiming the right to execute a will or administer an estate: Thirty days, unless the application was denied due to conviction of an infamous crime, or to improvidence, intemperance or want of understanding; and in such event, Ten days.

Removal of executor or administrator—Five days.

Decision to compel payment of a legacy or distributive share after any final settlement, decision or decree on such settlement or respecting settlement or any item or matter thereof. Six months.

Division or partition of real or personal Property—Six months.

Rule 4(a)--Forty-two days.

Rule 4(a)—Forty-two days.

Rule 4(a)—Forty-two days.

Rule 4(a)—Forty-two days.

§ 777—Time for taking appeal.

Rule 4(a)—Forty-two days.

§ 778—Time for taking appeal.

Rule 4(a)—Forty-two days.

§ 782—The giving of security for costs as prescribed by this section in taking appeals under Sections 775, 776, 777 and 778 of Title 7 is jurisdictional.

Rule 7—The filing of security for costs is not a jurisdictional prerequisite.

See also Rule 3(a).

§ 783—This section provides for a bill of exceptions on appeals from the Probate Court.

Rule 10. The record on appeal does not include a bill of exceptions.

§ 785—This section provides that if it appears from the bill of exceptions that all the evidence is set out on appeals from the Probate Court, the appellate court may reverse and render judgment, or may remand generally or with directions.

Rule 10. Same as above.

§ 818—Under this section, the exceptions to the giving or refusing of requested written charges are presumed; and the ruling of the court may be assigned as error on appeal.

This presumption does not now exist under Rule 51, Alabama Rules of Civil Procedure.

Rule 20. Assignments of error not required.

§ 821—Bill of exceptions; how framed.

This statute provides, among other things, that any bill of exceptions brought before the Supreme Court or Court of Appeal, which violates any of the rules for preparing bills of exceptions stated in the statute, shall subject the party reserving the exception to a penalty; and the appellate court, in addition, may disallow the bill of exceptions as part of the record.

Rule 10—The record on appeal does not contain a bill of exceptions.

Rule 10—The record on appeal does not contain a bill of exceptions.

§ 822—When bill of exceptions filed and signed.

This statute provides, among other things, that presentation of the bill of exceptions within ninety days after the granting or refusing of a motion for a new trial shall be sufficient to preserve for review the rulings of the court on the trial as well as the ruling on the motion for a new trial.

 Rule 10—The record on appeal does not contain a bill of exceptions.

§ 827—Striking bills of exceptions and declining to consider them.

This statute provides that the appellate court may strike a bill of exceptions on motion for failure to present or file the same within the time required by law.

Rule 10—The record on appeal does not contain a bill of exceptions.

§ 827(5)—Penalty for court reporter.

Rule 48—Court reporter may be held in contempt for willful noncompliance with rules.

§ 843—Appeals to Supreme Court or Court of Appeals from award of arbitrators.

Time for taking appeal—Ten days.

Rule 4(a)—Forty-two days.

§ 1057—Appeal to Supreme Court from interlocutory orders granting or refusing to grant temporary injunctions.

Time for taking appeal—Ten days.

 Procedure—preferred case—to be heard on first Thursday the Court is in session after the expiration of ten days or as soon thereafter as may be.

Rule 4(a)—Time for taking appeal—Fourteen days.

Rule 2(b)—Provides for suspension of rules to expedite appeal.

§ 1074—Appeals from final judgments of circuit courts in proceedings for mandamus, prohibition or other remedial writ of a supervisory nature.

Procedure—preferred case to be decided at the first term to which it is taken.

Rule 2(b)—Provides for suspension of rules to expedite appeal.

§ 1153—Appeal from final judgment in quo warranto proceedings to Supreme Court.

Time for taking appeal—Ten days.

Manner of taking appeal—Giving security for costs of appeal

Rule 4(a)—Forty-two days.

Rule 3(a)—Filing notice of appeal.

Title 10

§ 167—Appeal from decree in circuit court for disposition of property of educational corporation.

Time for taking appeal—Sixty days.

 Rule 4(a)—Forty-two days.

Title 13

§ 111(29)—Duties of Clerks of Courts of Appeal.

Rules 17(a), 36 and 41—Provide for the basic procedure relating to issuing certificates of judgments and sending copies of opinions by the Clerks of the Courts of Appeal.

§ 290—Appeal from decree of circuit court condemning a gambling device.

Time for taking appeal—Fifteen days.

Manner of taking appeal—Giving security for the costs of appeal.

Rule 4(a)—Forty-two days.

Rule 3(a)—Filing notice of appeal.

Title 15

§ 375—Under this section, defendant in case of a misdemeanor, may confess judgment for fine and costs with stay of execution pending appeal. Confession of judgment does not avoid requirement of bail.

Under Rule 8(d)(3), a sentence of a fine or a fine and costs may be stayed by the trial court or by the appellate court upon terms the court deems proper, pending appeal: require the defendant to deposit the whole or any part of the fine and costs; to give bond for the costs, or to submit to an examination of assets or restrain the defendant from dissipating his assets.

Title 17

§ 252—Appeal in election contests from probate and circuit courts to Supreme Court.

Time for taking appeal—Five days.

 Rule 4(a)—Forty-two days.

See Rule 2(b)for suspension of rules to expedite appeal.

§ 253—Appeal in election contests from probate court or circuit courts to Supreme Court.

Manner of taking appeal—Giving security for costs of appeal.

Rule 3(a)—Filing notice of appeal.

Title 19

§ 23—Appeal to Supreme Court from final judgment of condemnation in Circuit Court.

Manner of taking appeal—Giving security for costs of appeal

Rule 3(a)—Filing notice of appeal.

Title 26

§ 297E—Appeal by certiorari in Workmen's Compensation cases.

Manner of taking.

Time—30 days.

Rule 3(a)—Filing notice of appeal.

Rule 4(a)—Forty-two days.

Title 37

§ 593—Appeal from circuit courts to Supreme Court in cases appealed from recorders court.

Manner of taking appeal—Giving security for costs of appeal, when appeal is by city or town.

Rule 3(a)—Filing notice of appeal.

§ 359(11)—Appeal in proceedings for the validation of municipal bonds prior to issue.

Time for taking appeal—Fifteen days.

Procedure on appeal—Appellant shall file in the Supreme Court a certified copy of all proceedings, not less than 15 days nor more than 20 days after the notice of appeal. Appellant shall file brief within 10 days thereafter. Appellee's brief shall be filed within 5 days after service of appellant's brief. Appellant may file reply brief within 5 days.

Request for oral argument.

Mandate issued—10 days

Rule 4(a)—Fourteen days.

Rule 10 & 11—The composition and transmission of the record.

Rule 30—appendix to the brief.

Rule 31—The filing and service of brief.

Rule 34—Oral argument.

Rule 41—Issuance of certificate of judgment.

§ 693—Appeals to appellate court from final decree in municipal tax cases.

Appeal bond required.

Rule 3(a)—Filing notice of appeal.

§ 195—Appeal to the Supreme Court from final judgment in impeachment proceedings in the circuit court.

Time for taking appeal—Ten days.

Rule 4(a)—Forty-two days.

Title 46

§ 278 (as amended by Acts of 1971, #2278, page 3669)—Appeal from action by the Alabama State Board of Medical Examiners—Suspending or revoking license to practice.

Method of appeal.

 Time for taking appeal—30 days.

Rule 3. The notice of appeal shall be given as nearly as possible in conformance with Rule 3. Docket fee shall be paid to Clerk of Supreme Court as required by Rules 3 and 12.

Rule 4(a)—Forty-two days.

§ 279—Record of proceedings including transcript and record to be filed. Manner of taking an appeal. Complete record of proceedings before State Board of Medical Examiners, together with a bond for costs, shall be filed in office of the Clerk of the Supreme Court within 30 days after such order suspending or revoking the certificate of qualification to practice medicine has been made.

Rules 10 and 11. Record of proceedings before State Board of Medical Examiners shall be prepared as nearly as possible in conformance with rules 10 and 11. See Title 46, Section 282.

§ 281—Docketing appeal.

Rule 12—Appeal should be docketed as nearly as possible in conformance with Rule 12. See Title 46, Section 282.

Title 47

§ 247—Appeal from a decree in proceedings for the sale or partition of crops in the Probate Court.

Time for taking appeal—Ten days.

 Rule 4(a)—Forty-two days.

§ 355(23)—Appeals to the Supreme Court from Circuit Court judgment reviewing order of Public Service Commission involving radio utility.

Appeal taken by filing with the Public Service Commission a bond for security of costs of appeal, except that in case the State of Alabama is the appellant, the appeal is perfected by filing notice of appeal.

Rule 3(a)—Filing notice of appeal.