The Supreme Court shall have authority:
(1) To exercise appellate jurisdiction coextensive with the state, under such restrictions and regulations as are prescribed by law; but, in deciding appeals, no weight shall be given the decision of the trial judge upon the facts where the evidence is not taken orally before the judge, but in such cases the Supreme Court shall weigh the evidence and give judgment as it deems just.
(2) To exercise original jurisdiction in the issue and determination of writs of quo warranto and mandamus in relation to matters in which no other court has jurisdiction.
(3) To issue writs of injunction, habeas corpus, and such other remedial and original writs as are necessary to give to it a general superintendence and control of courts of inferior jurisdiction.
(4) To make and promulgate rules governing the administration of all courts and rules governing practice and procedure in all courts; provided, that such rules shall not abridge, enlarge, or modify the substantive right of any party nor affect the jurisdiction of circuit and district courts or venue of actions therein; and provided further, that the right of trial by jury as at common law and declared by Section 11 of the Constitution of Alabama of 1901 shall be preserved to the parties inviolate.
(5) To punish for contempts by the infliction of a fine not exceeding $100, and imprisonment not exceeding 10 days or both.
(6) To transfer to the Court of Civil Appeals, for determination by that court, any civil case appealed to the Supreme Court and within the appellate jurisdiction of the Supreme Court, except the following:
a. A case that the Supreme Court determines presents a substantial question of federal or state constitutional law.
b. A case that the Supreme Court determines involves a novel legal question, the resolution of which will have significant statewide impact.
c. A utility rate case appealed directly to the Supreme Court under the provisions of Section 37-1-140.
d. A bond validation proceeding appealed to the Supreme Court under the provisions of Section 6-6-754.
e. A bar disciplinary proceeding.
(7) To exercise such other powers as are or may be given to the Supreme Court by law.
(Code 1852, §568; Code 1867, §660; Code 1876, §571; Code 1886, §675; Code 1896, §3826; Code 1907, §5955; Code 1923, §10276; Code 1940, T. 13, §17; Acts 1993, No. 93-345, p. 535, §1.)
Notes of Decisions
State ex rel. Alabama Policy Inst., 200 So. 3d 495 (Ala. 2015).
· cites it 19× “” A separate provision of § 12-2-7, subsection (2), provides the following jurisdiction to the Supreme Court: “To exercise original jurisdiction in the issue and determination of writs of quo warranto and mandamus in relation to matters in which no other court has jurisdiction.”
Carey v. Saffold, 536 U.S. 214 (2002).
“Ala. Code §12-2-7 (3) (1995); Ariz. Const.”
Ex Parte Essary, 992 So. 2d 5 (Ala. 2007).
· cites it 2× “We transferred the case to the Alabama Court of Civil Appeals pursuant to Ala.Code 1975, § 12-2-7(6). The Court of Civil Appeals affirmed the trial court's judgment on the negligence claim and the trespass claim, but reversed the trial court's judgment on the wantonness claim,…”
Ex Parte James, 836 So. 2d 813 (Ala. 2002).
· cites it 2× “state constitutional law"). And like the United States Supreme Court's duty with regard to the federal constitution, our status as final arbiter imputes to us a particularly important duty with regard to the Alabama Constitution, because while our interpretations of statutes can…”
State v. Greenetrack, Inc., 154 So. 3d 940 (Ala. 2014).
· cites it 4× “Compare § 12-2-7, Ala.Code 1975 (providing that the Supreme Court is “[t]o exercise appellate jurisdiction coextensive with the state, under such restrictions and regulations as are prescribed by law5’) with § 12-3-10 (providing that the Court of Civil Appeals has appellate…”
Tucker v. Tombigbee Healthcare Auth., 153 So. 3d 734 (Ala. 2014).
· cites it 3× “VI, § 140; Ala.Code 1975, § 12-2-7(3). This Court exercises authority by mandamus to review interlocutory decisions that, if properly set aside, would terminate an action so as to avoid the waste and expense of further litigation.”
Hale v. Kroger Ltd. P'ship I, 28 So. 3d 772 (Ala. Civ. App. 2009).
· cites it 4× “Hale appealed that summary judgment to the Alabama Supreme Court on September 10, 2008; that court transferred the appeal to this court on September 30, 2008, pursuant to Ala. Code 1975, § 12-2-7. Issues On appeal, Hale argues only that the trial court erred in entering the…”
Eubanks v. Hale, 752 So. 2d 1113 (Ala. 1999).
· cites it 2× “orders as may be necessary to give it general supervision and control of courts of inferior jurisdiction"); Ala.Code 1975, § 12-2-7 ("The Supreme Court shall have authority .”
Ruiz v. Nat'l Dairy, LLC, 164 So. 3d 602 (Ala. Civ. App. 2014).
· cites it 7× “The supreme court evidently recognized that it is the proper court to issue writs of mandamus in such cases because it has exclusive appellate jurisdiction over civil actions alleging wrongful death.”
Ex Parte Toyota Motor Corp., 684 So. 2d 132 (Ala. 1996).
· cites it 2× “" PROCEDURAL HISTORY The plaintiff, Price, appealed the trial judge's denial of her new trial motion to this Court; pursuant to Ala.Code 1975, § 12-2-7, we transferred the appeal to the Court of Civil Appeals.”
Jones v. Regions Bank, 25 So. 3d 427 (Ala. 2009).
· cites it 2× “" On November 9, 2004, this Court, pursuant to § 12-2-7(6), Ala. Code 1975, transferred the case to the Court of Civil Appeals.”
Young v. Ledford, 37 So. 3d 832 (Ala. Civ. App. 2009).
· cites it 8× “This appeal, transferred to this court by the Alabama Supreme Court pursuant to Ala.Code 1975, § 12-2-7(6), involves the competing rights of adjoining landowners as to a tree whose trunk is located on their common boundary, an issue of apparent first impression under Alabama law.”
— Ala. Code § 12-2-7(1) — 18 cases
State v. Greenetrack, Inc., 154 So. 3d 940 (Ala. 2014).
“Compare § 12-2-7, Ala.Code 1975 (providing that the Supreme Court is “[t]o exercise appellate jurisdiction coextensive with the state, under such restrictions and regulations as are prescribed by law5’) with § 12-3-10 (providing that the Court of Civil Appeals has appellate…”
— Ala. Code § 12-2-7(2) — 2 cases
State ex rel. Alabama Policy Inst., 200 So. 3d 495 (Ala. 2015).
“” A separate provision of § 12-2-7, subsection (2), provides the following jurisdiction to the Supreme Court: “To exercise original jurisdiction in the issue and determination of writs of quo warranto and mandamus in relation to matters in which no other court has jurisdiction.”
— Ala. Code § 12-2-7(3) — 8 cases
State ex rel. Alabama Policy Inst., 200 So. 3d 495 (Ala. 2015).
“” A separate provision of § 12-2-7, subsection (2), provides the following jurisdiction to the Supreme Court: “To exercise original jurisdiction in the issue and determination of writs of quo warranto and mandamus in relation to matters in which no other court has jurisdiction.”
Tucker v. Tombigbee Healthcare Auth., 153 So. 3d 734 (Ala. 2014).
“VI, § 140; Ala.Code 1975, § 12-2-7(3). This Court exercises authority by mandamus to review interlocutory decisions that, if properly set aside, would terminate an action so as to avoid the waste and expense of further litigation.”
— Ala. Code § 12-2-7(4) — 14 cases
— Ala. Code § 12-2-7(5) — 1 case
— Ala. Code § 12-2-7(6) — 1284 cases
Ex Parte Essary, 992 So. 2d 5 (Ala. 2007).
“We transferred the case to the Alabama Court of Civil Appeals pursuant to Ala.Code 1975, § 12-2-7(6). The Court of Civil Appeals affirmed the trial court's judgment on the negligence claim and the trespass claim, but reversed the trial court's judgment on the wantonness claim,…”
Jones v. Regions Bank, 25 So. 3d 427 (Ala. 2009).
“" On November 9, 2004, this Court, pursuant to § 12-2-7(6), Ala. Code 1975, transferred the case to the Court of Civil Appeals.”
Young v. Ledford, 37 So. 3d 832 (Ala. Civ. App. 2009).
“This appeal, transferred to this court by the Alabama Supreme Court pursuant to Ala.Code 1975, § 12-2-7(6), involves the competing rights of adjoining landowners as to a tree whose trunk is located on their common boundary, an issue of apparent first impression under Alabama law.”
— Ala. Code § 12-2-7(6)(a) — 2 cases
Ex Parte James, 836 So. 2d 813 (Ala. 2002).
“state constitutional law"). And like the United States Supreme Court's duty with regard to the federal constitution, our status as final arbiter imputes to us a particularly important duty with regard to the Alabama Constitution, because while our interpretations of statutes can…”
— Ala. Code § 12-2-7(b) — 1 case
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