Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
66 Cards in this Set
- Front
- Back
|
Ala. R. Civ. P. 38
|
"Jury Trial of Right." (a) "Right Preserved." (b) "Demand." (c) "Same: Specification of Issues." (d) "Waiver." (dc) "District Court Rule."
|
|
|
Ala. R. Civ. P. 38(a)
|
(a) Right Preserved. The Ala. Const. and statutes give Ala. citizens the right to a jury trial.
|
|
|
Ala. R. Civ. P. 38(b)
|
(b) Any party may deman a jury trial on any appropriate issue up to thirty (30) days after the service of the last pleading directed to the jury-triable issue. For actions in a circuit court brough by appeal or certiorari from an inferior court may demand a jury trial NLT ten (10) days after filing notice or petition or after service.
|
|
|
Ala. R. Civ. P. 38(c)
|
(c) Same: Specification of Issues. The demand for jury trial may include a list of specific issues; otherwise, all jury-triable issues will be tried by jury. All other parties have ten (10) days to demand jury trial for any or all remaining jury-triable issues.
|
|
|
Ala. R. Civ. P. 38(d)
|
(d) Waiver. Failure to demand a jury trial and file the demand under Rule 5(d) is a waiver of jury trial. The waiver may be withdrawn with permission of the other parties.
|
|
|
Ala. R. Civ. P. 38(dc)
|
(dc) District Court Rule. Rule 38 does not apply in the district courts.
|
|
|
Ala. R. Civ. P. 39
|
"Trial by Jury or by the Court." (a) "By Jury." (b) "By the Court." (c) "Advisory Jury and Trial by Consent." (dc) "District Court Rule."
|
|
|
Ala. R. Civ. P. 39(a)
|
(a) By Jury. Jury trials are designated as such on the court's docket. All the appropriate issues are tried by jury unless (1) the parties stipulate otherwise or (2) the court upon motion or on its own finds that the right to jury trial does not exist for some or all issues.
|
|
|
Ala. R. Civ. P. 39(b)
|
(b) By the Court. Issues not demanded for trial by jury are tried by the court; the court has the discretion to order a trial by jury on any or all issues.
|
|
|
Ala. R. Civ. P. 39(c)
|
(c) Advisory Jury and Trial by Consent. The court has the discretion to use an advisory jury on any issue
|
|
|
Ala. R. Civ. P. 39(dc)
|
(dc) District Court Rule. Rule 39 does not apply in the district courts.
|
|
|
Ala. R. Civ. P. 47
|
"Jurors." (a) "Examination of Jurors." (b) "Selection of Jurors and Alternate Jurors." (c) "Multiple Claims, Parties, and Actions." (dc) "District Court Rule."
|
|
|
Ala. R. Civ. P. 47(a)
|
(a) Examination of Jurors. The court may permit the parties or their attorneys to conduct the examination of prospective jurors or may itself conduct the examination. In the latter event, the court shall permit the parties or their attorneys to supplement the examination as may be proper.
|
|
|
Ala. R. Civ. P. 47(b)
|
(b) Selection of Jurors and Alternate Jurors. Under Ala. Code 12-16-70 et seq., unless otherwise superseded or modified herein. Start with twenty-four (24); parties alternately strike one (1) until twelve (12) remain; jury-demanding party gets the first strike; the court may direct no more than six (6) additional jurors be called and impaneled as alternates
|
|
|
Ala. R. Civ. P. 47(c)
|
(c) Multiple Claims, Parties, and Actions. In all claims or actions tried together, for the purpose of striking the jury, two or more parties having relatively similar interests may be aligned as a single party or the court may add additional names to the list and permit strikes to be exercised separately or jointly; but, in all events, the plaintiff shall be entitled to one-half of the total number of strikes allocated to all parties unless the total number of strikes cannot be divided equally, in which event plaintiff shall have no less than one (1) less than the total number of strikes allocated to all other parties, nor more than one (1) more than the total number of strikes allocated to all other parties.
|
|
|
Ala. R. Civ. P. 47(dc)
|
(dc) District Court Rule. Rule 47 does not apply in the district courts.
|
|
|
Ala. R. Civ. P. 48
|
Juries of Less Than Twelve--Majority Verdict. The parties may stipulate that the jury shall consist of any number less than twelve (12) or that a verdict or a finding of a stated majority of the jurors shall be taken as the verdict or finding of the jury.
|
|
|
Ala. R. Civ. P. 48(dc)
|
(dc) District Court Rule. Rule 48 does not apply in the district courts.
|
|
|
Ala. R. Civ. P. 49
|
"General Verdicts, Special Verdicts, and Interrogatories." (a) "General Verdicts." (b) "Special Verdicts." (c) "General Verdict Accompanied by Answer to Interrogatories." (d) "Court to Provide Attorneys with Questions or Interrogatories." (dc) "District Court Rule."
|
|
|
Ala. R. Civ. P. 49(a)
|
(a) General Verdicts. Usually, jury determination shall be by general verdict. The remaining provisions of this rule should not be applied in simple cases where the general verdict will serve the ends of justice.
|
|
|
Ala. R. Civ. P. 49(b)
|
(b) Special Verdicts. A special verdict is in the form of a special written finding upon each issue of fact, answering written questions. If an issue is missed, it is waived without a timely objection.
|
|
|
Ala. R. Civ. P. 49(c)
|
(c) General Verdict Accompanied by Answer to Interrogatories. A general verdict, plus written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. When the general verdict and the answers are harmonious, the appropriate judgment upon the verdict and answers shall be entered pursuant to Rule 58. When the answers are consistent with each other but one or more is inconsistent with the general verdict, judgment may be entered pursuant to Rule 58 in accordance with the answers, notwithstanding the general verdict, or the court may return the jury for further consideration of its answers and verdict or may order a new trial. When the answers are inconsistent with each other and one or more is likewise inconsistent with the general verdict, judgment shall not be entered, but the court shall return the jury for further consideration of its answers and verdict or shall order a new trial.
|
|
|
Ala. R. Civ. P. 49(d)
|
(d) Court to Provide Attorneys With Questions or Interrogatories. For Special Verdicts, and for General Verdicts Accompanied by Answer to Interrogatories, the attorneys get a reasonable time before final arguments to review written material to be submitted to the jury.
|
|
|
Ala. R. Civ. P. 49(dc)
|
(dc) District Court Rule. Rule 49 does not apply in the district courts.
|
|
|
Ala. R. Civ. P. 51
|
Instructions to Jury: Objection, which does not apply to district courts; At or before the close of the evidence any party may file and serve on all opposing parties written requests for jury instructions. The court shall designate these instructions as "given" or "refused." No party may assign as error the giving or failing to give a written instruction, or the giving of an erroneous, misleading, incomplete, or otherwise improper oral charge unless that party objects thereto before the jury retires to consider its verdict, stating the matter objected to and the grounds of the objection. Opportunity shall be given to make the objection out of the hearing of the jury. In charging the jury, the court shall not express its opinion of the evidence.
|
|
|
Ala. R. Civ. P. 51(dc)
|
(dc) District Court Rule. Rule 51 does not apply in the district courts.
|
|
|
Ala. R. Civ. P. 52
|
Findings by the Court; Judgment on Partial Findings (a) Effect; (b) Amendment; (c) Judgment or Partial Findings; (dc) District Court Rule
|
|
|
Ala. R. Civ. P. 52(a)
|
(a) Effect. In all actions tried upon the facts without a jury or with an advisory jury, the court may upon written request and shall when required by statute, find the facts specially and state separately its conclusions of law thereon, and judgment shall be entered pursuant to Rule 58; and in granting or refusing interlocutory injunctions the court may similarly set forth the findings of fact and conclusions of law which constitute the grounds of its action. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact and conclusions of law appear therein. Findings of fact and conclusions of law are unnecessary on decisions of motions under Rules 12 or 56 or any other motion except as provided in Rule 41(b) (Involuntary Dismissal).
|
|
|
Ala. R. Civ. P. 52(b)
|
(b) Amendment. Upon motion of a party filed not later than thirty (30) days after judgment or entry of findings and conclusions the court may amend its findings or make additional findings or may amend the judgment accordingly. The motion may be made with a motion for a new trial pursuant to Rule 59. When findings of fact are made in actions tried by the court without a jury, the question of the sufficiency of the evidence to support the findings may thereafter be raised whether or not the party raising the question has made in the court an objection to such findings or has made a motion to amend them or a motion for judgment or a motion for a new trial.
|
|
|
Ala. R. Civ. P. 52(c)
|
(c) Judgment on Partial Findings. If during a trial without a jury a party has been fully heard on an issue and the court finds against the party on that issue, the court may enter judgment against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue, or the court may decline to render any judgment until the close of all the evidence. Such a judgment may be supported by findings of fact and conclusions of law.
|
|
|
Ala. R. Civ. P. 52(dc)
|
(dc) District Court Rule. Rule 52 applies in the district courts except that the time period of thirty (30) days in Rule 52(b) is reduced to fourteen (14) days in all cases except unlawful-detainer actions subject to appeal under § 6-6-350, Ala. Code 1975, in which actions the time period is reduced to seven (7) days.
|
|
|
Ala. Const. sec. 11
|
|
|
|
28 USC 1861
|
Declaration of policy
|
|
|
28 USC 1862
|
Discrimination prohibited
|
|
|
28 USC 1863
|
Plan for random jury selection
|
|
|
28 USC 1864
|
Drawing names from the master jury wheel
|
|
|
28 USC 1865
|
Qualifications for jury service
|
|
|
28 USC 1866
|
Selection and summoning of jury panels
|
|
|
28 USC 1867
|
Challenging compliance with selection procedures
|
|
|
28 USC 1868
|
Maintenance and inspection of records
|
|
|
28 USC 1869
|
Definitions
|
|
|
28 USC 1870
|
Challenges
|
|
|
28 USC 1871
|
Fees
|
|
|
28 USC 1872
|
Issues of fact in Supreme Court (jury trials in Supreme Court)
|
|
|
28 USC 1873
|
Admiralty and maritime cases
|
|
|
28 USC 1874
|
Actions on bonds and specialties
|
|
|
28 USC 1875
|
Protection of jurors' employment
|
|
|
28 USC 1876
|
Trial by jury in the Court of International Trade
|
|
|
28 USC 1877
|
Protection of jurors
|
|
|
28 USC 1878
|
Optional use of one-step summoning and qualification procedure
|
|
|
Ala. Code 12-16-1
|
"Jury" and "juries" includes judge when jury trial waived
|
|
|
Ala. Code 12-16-3
|
Citizens not disqualified by reason of citizenship
|
|
|
Ala. Code 12-16-6
|
Court's duty to ascertain qualifications before administering oath
|
|
|
Ala. Code 12-16-8
|
Excusing employees for jury service [supp]
|
|
|
Ala. Code 12-16-8.1
|
Forbids discharging employees on jury duty (solely because of jury duty) [supp]
|
|
|
Ala. Code 12-16-9
|
Separation and sequestration of jury in felony cases
|
|
|
Ala. Code 12-16-10
|
Provision of lodging and meals for sequestered jurors
|
|
|
Ala. Code 12-16-15
|
Polling of jurors
|
|
|
Ala. Code 12-16-55
|
Declaration of policy
|
|
|
Ala. Code 12-16-56
|
Discrimination prohibited
|
|
|
Ala. Code 12-16-57
|
Master list
|
|
|
Ala. Code 12-16-58
|
Placement of names of prospective jurors in master jury box
|
|
|
Ala. Code 12-16-59
|
Drawings from master jury box
|
|
|
Ala. Code 12-16-60
|
Qualifications of jurors
|
|
|
Ala. Code 12-16-61
|
Trial court jury box
|
|
|
Ala. Code 12-16-62
|
No exemptions from jury service
|
