Chapter 1 - Appellate Proceedings
- Article 1 General Provisions
- Division 1 Judgments, Decrees and Orders Supporting Appeal.
- Section 12-22-1 Confession of judgment
A confession of judgment is in law a release of errors. ...
- Section 12-22-2 Final judgments of circuit or probate courts
From any final judgment of the circuit court or probate court, an appeal lies to the appropriate appellate court as a matter of right ...
- Section 12-22-3 Judgments or decrees of abolished courts of record
If a court of record ceases to exist by reason of the repeal of the statute creating it and, while existing, rendered a judgment ...
- Section 12-22-4 Judgment on partial or annual settlement of estate
From a judgment of the circuit court or probate court on a partial or annual settlement of an estate of a deceased person, an ...
- Section 12-22-5 Final judgment in ad quod damnum proceedings under condemnation order
When an appeal is taken to the appropriate appellate court by either party pursuant to Rule 4, Alabama Rules of Appellate Procedure, from a ...
- Section 12-22-6 Judgments on applications for remedial writs
Appeals may be taken to the appropriate appellate court from the judgment of the circuit court on application for writs of certiorari, supersedeas, quo ...
- Section 12-22-7 Applications for temporary restraining orders generally; renewal of applications
If any application is made to a circuit court judge for a temporary restraining order and refused, no other circuit court judge can act ...
- Section 12-22-8 Applications to Supreme Court or Court of Civil Appeals for temporary restraining orders or other equitable process
No application shall be made to a justice of the Supreme Court or a judge of the Court of Civil Appeals for a temporary ...
- Section 12-22-9 Order appointing or refusing to appoint receiver
An appeal will lie to the appropriate appellate court from an order appointing or refusing to appoint a receiver. ...
- Section 12-22-10 Grant or refusal of motion for new trial
Either party in a civil case, or the defendant in a criminal case, may appeal to the appropriate appellate court from an order granting ...
- Division 2 Appeals From Probate Court.
- Section 12-22-20 Final judgments, orders or decrees generally
An appeal lies to the circuit court or Supreme Court from any final decree of the probate court, or from any final judgment, order ...
- Section 12-22-21 Other orders, judgments or decrees
Appeal from the order, judgment or decree of the probate court may be taken by the party aggrieved to the circuit court or Supreme ...
- Section 12-22-22 Appeal from circuit court judgment on appeal
An appeal to the Supreme Court may be taken from the judgment of the circuit court on an appeal brought to such court under ...
- Section 12-22-23 Contest of will removed to probate court of another county
Upon the contest of a will removed from the probate court of the county in which it was propounded to the probate court of ...
- Section 12-22-24 Bond on appeal of order removing executor or administrator
(a) No appeal can be taken from any order of the probate court removing an executor or administrator unless the applicant gives either a ...
- Section 12-22-25 Security for costs of appeal
In all other cases in which an appeal is taken under the provisions of this division, the appellant, or someone for him, must give ...
- Section 12-22-26 Appeals by next friends or guardians of minors or persons of unsound mind
The next friend or general guardian of a minor or of a person of unsound mind may, in the name of such minor or ...
- Section 12-22-27 Reimbursement of costs from estate of testator, etc
The costs of an appeal, when paid by an executor or administrator, guardian or guardian ad litem, or next friend or an administrator ad ...
- Division 3 Bonds and Security for Costs on Appeal.
- Section 12-22-40 Recording of order fixing supersedeas bond; failure to make or record same
The order of the judge, register or clerk fixing the amount of a supersedeas bond, pursuant to the Alabama Rules of Appellate Procedure, must ...
- Section 12-22-41 Liability to appellee for taking insufficient surety
For taking insufficient surety, the clerk, register or probate judge is liable to the appellee for the damages thereby sustained, unless the surety was ...
- Division 4 Record on Appeal.
- Section 12-22-60 Liability of clerk, register or probate judge for delayed or defective record
If, by reason of negligence or delay of the clerk, register or probate judge, the record on appeal is not delivered to the clerk ...
- Division 5 Disposition of Appeals.
- Section 12-22-70 Procedure upon reversal of judgment or decree
The appellate court may, upon the reversal of any judgment or decree, remand the same for further proceedings or enter such judgment or decree ...
- Section 12-22-71 Proceedings when only amount of judgment excessive
When an appeal is taken to the appropriate appellate court from the judgment of any court and the appellate court shall be of the ...
- Section 12-22-72 Affirmation of stayed judgment - Generally
When a judgment or decree is entered or rendered for money, whether debt or damages, and the same has been stayed on appeal by ...
- Section 12-22-73 Affirmation of stayed judgment - Right of property
When an appeal is taken on a trial of the right of property and the judgment is stayed by the execution of a supersedeas ...
- Section 12-22-73.1 Applicability of 1987 amendment to Sections 12-22-72 and 12-22-73
On the effective date of Act No. 87-188 [June 11, 1987], the provisions contained therein shall apply to all causes of action not yet ...
- Section 12-22-74 Affirmation of stayed judgment - Recovery of chattels in specie
Upon the affirmance of a judgment for the recovery of chattels in specie, judgment for which has been stayed by the execution of a ...
- Section 12-22-75 Execution upon dismissal of appeal or affirmation of judgment, etc
When an appeal shall be prosecuted from a judgment to the appropriate appellate court and such appeal is dismissed or the judgment is affirmed, ...
- Section 12-22-76 Execution by lower courts for unpaid costs
Clerks of the circuit court and probate judges, when cases have been taken from their respective courts to an appellate court by appeal or ...
- Article 2 Criminal Cases.
- Division 1 General Provisions.
- Section 12-22-90 Appeals in habeas corpus
(a) Any party aggrieved by the judgment on the trial of a habeas corpus may appeal to the appropriate appellate court. (b) The district ...
- Section 12-22-91 Appeal when statute under which prosecution preferred held unconstitutional
In all criminal cases when the act of the Legislature under which the indictment or information is preferred is held to be unconstitutional, the ...
- Division 2 Appeals to Specific Courts.
- Division 1 Appeals to Circuit Courts.
- Section 12-22-111 Issuance, execution and return of subpoenas for witnesses; liability of witnesses failing to appear
In cases of appeal, the clerk of the court shall issue subpoenas for such witnesses as may be required, both for the state and ...
- Section 12-22-112 Liability of defendant failing to appear; warrant of arrest
(a) If the defendant fails to appear at the circuit court as required by the appeal bond, he shall be liable to the same ...
- Section 12-22-113 De novo trial in circuit court; statement of cause of complaint
The trial in the circuit court shall be de novo and without any indictment or presentment by the grand jury, but the district attorney ...
- Section 12-22-114 Rules as to evidence, etc., governing appeals
On the trial of such appeals, the court shall be governed by the same rules as to evidence, practice, finding of the jury and ...
- Division 2 Appeals to Supreme Court or Court of Criminal Appeals.
- Section 12-22-130 Appealing judgment of conviction
A person convicted of a criminal offense in the circuit court or other court from which an appeal lies directly to the Supreme Court ...
- Section 12-22-131 Review in Court of Criminal Appeals; when appeal taken to wrong court; decision where conflict over jurisdiction
Wherever jurisdiction is now or may hereafter be conferred on the Court of Criminal Appeals, a review or revision may be had in and ...
- Section 12-22-132 Reserving questions of law; presumption that written charges asked before jury retired
Any question of law arising in any of the proceedings in a criminal case tried in the circuit court may be reserved by the ...
- Section 12-22-133 Retention of jurisdiction by trial court
Where an appeal is taken from the judgment of any municipal, district or circuit court in criminal cases, the trial court retains jurisdiction for ...
- Division 3 Automatic Appeal From Death Sentence.
- Section 12-22-150 Duty of trial judge to enter appeal; automatic stay of execution; how appeal governed
In all cases wherein a defendant is tried and convicted for the commission of a felony against the peace and dignity of the State ...
- Division 4 Stays Pending Appeal.
- Section 12-22-170 Stay of sentence when question of law reserved and admission to bail - Felonies
When any question of law is reserved in case of a felony and it shall be made known to the court that the defendant ...
- Section 12-22-171 Stay of sentence when question of law reserved and admission to bail - Misdemeanors
When such question is reserved, in case of a misdemeanor, and it shall be made known to the court that the defendant desires to ...
- Section 12-22-172 Stays of execution on confessed judgments in misdemeanors
In the case of a misdemeanor, the defendant may confess judgment, with sufficient sureties, for a fine and costs as if no appeal were ...
- Section 12-22-173 Waiver of stayed sentence; duty of clerk; effect on appeal
In all cases where there is judgment staying sentence, at any time before the record on appeal has been forwarded to the clerk of ...
- Division 5 Providing Record on Appeal for Indigents.
- Section 12-22-190 Purpose of division
The Legislature is aware that it has become settled law that a state may or may not authorize appeals from judgments of convictions in ...
- Section 12-22-191 Applicability of division
This division shall apply to all criminal cases tried in the courts of the State of Alabama where a direct appeal to the Supreme ...
- Section 12-22-192 Petition for appeal under division; contents thereof
In such criminal cases where the defendant has been adjudicated guilty by the trial court he may, if no motion for a new trial ...
- Section 12-22-193 Examination of petitioner; subpoena of witnesses; ascertainment of financial information; estimate of costs and fees
Upon the filing of the petition with the clerk or the trial judge within the time prescribed in Section 12-22-92, the trial judge shall ...
- Section 12-22-194 Report on financial condition of petitioner
The trial court, either before, after or during said hearing, may designate a probation officer of the court or may designate the county Department ...
- Section 12-22-195 Burden of proof as to sufficient funds
The burden shall be upon the convicted defendant or petitioner to satisfy the trial judge that said defendant or petitioner is without said sufficient ...
- Section 12-22-196 Entry of findings on minutes of court
If the trial judge is satisfied that the defendant or petitioner is without sufficient funds, and has no reasonable way to procure the same, ...
- Section 12-22-197 Order to prepare record on appeal; order authorizing payment of fees and transmission thereof to State Comptroller
If it appears to the trial court, after full investigation, that the defendant or petitioner is without sufficient funds, and has no reasonable way ...
- Section 12-22-198 Appeals from denial of petition or where parts of record ordered transcribed deemed inadequate
(a) Any defendant or petitioner who has filed a petition under the provisions of this division and which petition is denied by the trial ...
- Section 12-22-199 Judgment for costs against petitioner when appeal unfavorable; payment thereof into General Fund; liability for payment
In appeals taken under the provisions of this division, if the judgment or order of the trial court is affirmed or disposed of otherwise ...
- Section 12-22-200 Rules and regulations
The Supreme Court of the State of Alabama, with the advice and consultation with the Court of Criminal Appeals of Alabama, is authorized to ...
- Section 12-22-201 Annual appropriation; approval of Governor for disbursement
There is hereby appropriated annually out of the General Fund of the State Treasury the sum of $15,000.00, not to be exceeded in any ...
- Division 6 Writs of Error.
- Section 12-22-220 By whom and when granted; duty of clerk of court
(a) A writ of error on any judgment entered in a criminal case may issue on an order to that effect by any one ...
- Section 12-22-221 Entry of order on court's minutes; dismissal if not prosecuted to term returnable
When a writ of error is awarded by a judge of an appellate court in vacation, such judge must cause an entry of such ...
- Section 12-22-222 Stay of proceedings on judgment; admission of defendant to bail; proceedings on failure to appear
(a) If the defendant is in the custody of the sheriff and the order allowing the writ directs a stay of proceedings on the ...
- Division 7 Disposition of Appeals.
- Section 12-22-240 Consideration of cases by Court of Criminal Appeals generally
In all cases appealable to the Court of Criminal Appeals, the court must consider all questions apparent on the record or reserved in the ...
- Section 12-22-241 Consideration of automatic appeals; reversal of judgment and granting of new trial
In all cases of automatic appeals, the appellate court may consider, at its discretion, any testimony that was seriously prejudicial to the rights of ...
- Section 12-22-242 Reversal of judgment
If the judgment is reversed, the appellate court may order a new trial or that the defendant be discharged or that he be held ...
- Section 12-22-243 Affirmation of judgment in capital cases
Upon affirmation of a judgment carrying the death penalty, the Court of Criminal Appeals must direct the sentence to be executed and, if the ...
- Section 12-22-244 Duty of defendant on bail to surrender upon affirmation of conviction or dismissal of appeal
When the defendant in a case of misdemeanor or felony is sentenced to hard labor, imprisonment or to the penitentiary, gives bail pending the ...
- Section 12-22-245 Effect of undertaking when conviction reversed and case remanded
When the judgment of conviction is reversed and the case remanded, such undertaking binds the defendant to appear from time to time until discharged ...
- Section 12-22-246 Proceedings when undertaking forfeited
When any undertaking of bail under the provisions of Sections 12-22-244 or 12-22-245 is forfeited by the failure of the defendant to surrender himself ...
