Code of Alabama

Ala. Code § 17-16-55 (2026)

Contest of Election of Judge of Circuit or District Court - Testimony; Heard Without Jury.

✓ official Alabama Legislature (ALISON) text, current July 2026
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The testimony on the contest must be taken by deposition as in civil cases at common law, but no affidavit, other than that of the materiality of the testimony of the witnesses proposed to be examined, shall be required. Either party may, on giving five days’ notice, require the examination before the commissioner to be oral and that the witnesses be examined separate and apart from each other. The party against whom the depositions are to be taken must have at least five days’ notice of the time and place of taking such depositions and of the name and residence of the commissioner or commissioners proposed. The contest must be heard and determined by the court without the intervention of a jury.

(Code 1896, §1694; Code 1907, §468; Code 1923, §558; Code 1940, T. 17, §244; §17-15-28; amended and renumbered by Act 2006-570, p. 1331, §83.)

Notes of Decisions
Cited in 1 case, 2008–2008 · leading case: Wood v. Booth, 990 So. 2d 314 (Ala. 2008).
Wood v. Booth, 990 So. 2d 314 (Ala. 2008). “…the election pursuant to § 17-15-22 [currently § 17-16-49], § 17-15-27 [currently § 17-16-54], § 17-15-28 [currently § 17-16-55], and § 17-15-32 [currently § 17-16-59], Ala.Code 1975." 908 So.2d at 205 . Bell asked this Court "to reverse the judgment of the trial court and to…”
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