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On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...
Rule 59(a) provides that the grounds for a new trial are those sufficient for a new trial or rehearing under prior practice. In Alabama courts, in an action tried to a jury, a new trial can be granted for any of the reasons listed in Ala.
Instructions to jury: Objection. At the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may file and, in such event, shall serve on all opposing parties written requests that the court instruct the jury on the law as set forth in the requests.
A party may preserve a claim of error by informing the court?when the court ruling or order is made or sought?of the action the party wishes the court to take, or the party's objection to the court's action and the grounds for that objection.
Instructions to jury: Objection. At the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may file and, in such event, shall serve on all opposing parties written requests that the court instruct the jury on the law as set forth in the requests.
[to] a speedy, public trial, by an impartial jury of the county or district in which the offense was committed ?.? More emphatically, Art. I, § 11, Alabama Constitution of 1901, provides, ?That the right of trial by jury shall remain inviolate.? (Emphasis added.)
Alabama Pattern Jury Instruction 11.36 In the event a vehicle is classified as a total loss, the owner may collect ?the amount of money that compensates the owner for its loss of use during the period of time reasonably necessary to get a replacement vehicle.? Alabama Pattern Jury Instruction 11.38.
The circumstantial evidence jury instruction tells the jury that in order to convict a defendant based on circumstantial evidence, the jury must not only find that the circumstantial evidence is consistent with defendant's guilt, but also that the evidence is not reasonably consistent with innocence.