Alabama Rule 5a Petition for Permission to Appeal Order Denying Motion to Bar Reprosecution Under Double Jeopardy Clause
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How to fill out Rule 5a Petition For Permission To Appeal Order Denying Motion To Bar Reprosecution Under Double Jeopardy Clause?
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FAQ
Rule 27(e) has been added to aid a party in obtaining expedited relief from an appellate court for an emergency (i.e., extraordinary circumstances in which waiting for the normal timing of the appellate process will be inadequate for some reason).
Alabama Rules of Appellate Procedure Rule 5. Appeal by permission. (a) Petition for permission to appeal. A party may request permission to appeal from an interlocutory order in civil actions under limited circumstances.
Under Rule 39(g) the Supreme Court preliminarily reviews each petition for writ of certiorari for ?probability of merit.? Upon that preliminary review, the Supreme Court has before it only the petition, the supporting brief, the opinion of the court of appeals, and perhaps a Rule 39(k) motion (if the petitioner has ...
Rule 21(f) states that the pendency of a petition for a writ of mandamus or prohibition or another extraordinary writ does not automatically stay proceedings in the trial court. Instead, a party must move for a stay that may be granted by the trial court or the appellate court in which the petition is filed.
Rule 28 works a change in the form of briefs as the same has existed before under Alabama practice. Inasmuch as assignments of error are unnecessary, all of the machinery and paraphernalia for arguing briefs ing to assignments of error is also abolished. See Rule 20.
If the court orders "answer and brief," the combined answer and brief shall not exceed 6,000 words (30 pages for an answer and brief filed pro se). The petitioner's reply, if any, shall not exceed 3,000 words (15 pages for a reply filed pro se).
As is indicated by that part of Rule 28(a) which authorizes taking a deposition before ?an officer authorized to administer oaths by the laws ? of the state or other place where the examination is held ??, depositions for use in Alabama actions need not be taken within the state.
Alabama Rules of Appellate Procedure Rule 8. Stay or injunction pending appeal. (a) Stay by supersedeas bond. The appellant shall not be entitled to a stay of execution of the judgment pending appeal (except as provided in Rule 62(e), Ala.