Ala. Code
Code of Alabama

Ala. Code § 6-6-228 (2026)

Determination of Issue of Fact.

✓ official Alabama Legislature (ALISON) text, current July 2026
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When a proceeding under this article involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §164.)

Notes of Decisions
Cited in 5 cases, 1982–2010 · leading case: Fuino v. Morrow, 427 So. 2d 710 (Ala. Civ. App. 1983).
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Fuino v. Morrow, 427 So. 2d 710 (Ala. Civ. App. 1983). “' Considering all of the evidence presented to it, including the nature of the relationship of the parties at that time and the subsequent action of the parties, the Court finds that the stock was jointly held and jointly owned and that it, thus, is included under the personal…”
Attaway v. Davis, 424 So. 2d 608 (Ala. 1982). · cites it 2× “Ala.Code 1975, § 6-6-228, provides that issues of fact may be determined in an action for declaratory judgment.”
Smith v. Houston, 71 So. 3d 721 (Ala. Crim. App. 2010). “See § 6-6-228, Ala.Code 1975 (“When a proceeding under this article [regarding declaratory-judgment actions] involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil…”
Flodin v. Cmty. Health Sys., Inc., 822 So. 2d 372 (Ala. 2001). “As the Court of Civil Appeals has aptly stated: “With the adoption of the Alabama Rules of Civil Procedure, the common law forms of action at law and in equity were abolished. Actions and defenses of a legal and equitable nature may now be joined and intermingled in the one form…”
Jacksonville State Univ. v. Rush, 419 So. 2d 1388 (Ala. 1982). “The same principle is recognized in Code 1975, § 6-6-228, part of Alabama’s version of the Uniform Declaratory Judgment Act: When a proceeding under this article involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues…”
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