Code of Alabama
Ala. Code § 12-12-71 (2026)
When Appeals Taken to Circuit Courts; Nature of Proceedings and Right to Jury Trial Upon Appeals to Circuit Courts.
✓ official Alabama Legislature (ALISON) text, current July 2026
Except as provided in Section 12-12-72 and in subsection (e) of Section 12-15-120, all appeals from final judgments of the district court shall be to the circuit court for trial de novo.
An appellant shall not be entitled to a jury trial in circuit court unless it is demanded in the notice of appeal, and an appellee shall have no right to a jury trial unless written demand is filed in circuit court within 14 days of service upon him of notice of appeal.
(Acts 1975, No. 1205, p. 2384, §4-111.)
Notes of Decisions
Cited in 33
cases (4 in the last 5 years), 1978–2025 · leading case: Alabama v. Shelton, 535 U.S. 654 (2002).
Alabama v. Shelton, 535 U.S. 654 (2002). “He invoked his right to a new trial before a jury in Circuit Court, Ala. Code § 12-12-71 (1995), where he again appeared without a lawyer and was again convicted.”
Ex Parte Sorsby, 12 So. 3d 139 (Ala. 2007). “The right to appeal to the circuit court a final judgment in the district court for de novo review is based on § 12-12-70, and a defendant's right to a jury trial in the circuit court is set out in § 12-12-71. The circuit court's appellate jurisdiction is set out in § 12-11-30,…”
Petersen v. Woodland Homes of Huntsville, Inc., 959 So. 2d 135 (Ala. Civ. App. 2006). “Petersen subsequently appealed the district court's judgment to the Madison Circuit Court for a trial de novo, pursuant to § 12-12-71, Ala.Code 1975. That case was docketed in the circuit court as case no.”
Sanchez v. McKinney, 87 So. 3d 502 (Ala. 2011). “”), and § 12-12-71, Ala. Code 1975 ("Except as provided in Section 12-12-72 and in subsection (e) of Section 12-15-120, all appeals from final judgments of the district court shall be to the circuit court for trial de novo.”
Crews v. Jackson, 218 So. 3d 368 (Ala. Civ. App. 2016). “” Finally, Crews argues that the circuit court erred by requiring that she post a superse-deas bond as a condition to staying the garnishment on de novo appeal in that court.”
Stone v. State, 685 A.2d 441 (Md. 1996). “, Alabama, Ala.Code § 12-12-71 (1996); North Carolina, N.”
Nue Cheer Franklin v. Woodmere at the Lake., 89 So. 3d 144 (Ala. Civ. App. 2011). “See § 12-12-71, Ala.Code 1975 (“Except as provided in Section 12-12-72 and in subsection (e) of Section 12-15-120, all appeals from final judgments of the district court shall be to the circuit court for trial de novo.”
Casey v. Bingham, 265 So. 3d 288 (Ala. Civ. App. 2018). “With certain exceptions that are not pertinent in this case, Ala. Code 1975, § 12-12-71, provides that "all appeals from final judgments of the *291 district court shall be to the circuit court for trial de novo " (emphasis added).”
Hulsey v. State, 866 So. 2d 1180 (Ala. Crim. App. 2003). “" § 12-12-71, Ala.Code 1975. The statute and rule governing an appeal from a municipal or district court for a trial de novo provide for dismissal of the appeal only upon the appellant's request or upon the appellant's failure to appear for trial.”
M.C. v. L.J.H., 868 So. 2d 465 (Ala. Civ. App. 2003). “,] motion by a district court is a final order or judgment which, pursuant to § 12-12-71, [Ala.Code 1975,] must on its face be appealed to the circuit court.”
Ingram v. Allred, 119 So. 3d 1176 (Ala. Civ. App. 2012). “In pertinent part, § 12-12-71, Ala.Code 1975, provides that, “[e]x-cept as provided in Section 12-12-72 .”
Opinion of the Clerk, 362 So. 2d 1259 (Ala. 1978). “” Section 12-12-71, Code of Alabama 1975, provides that, with certain exceptions not pertinent to this opinion, “all appeals from final judgments of the district court shall be to the circuit court for trial de novo.”
— Ala. Code § 12-12-71(b) — 1 case
Jones v. City of Daphne, 519 So. 2d 587 (Ala. Crim. App. 1986).
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