Alabama § 18-1A-94 Burden of Proof at Hearing on Preliminary Objections

Alabama Statutes

§ 18-1A-94 — Burden of Proof at Hearing on Preliminary Objections

Alabama § 18-1A-94

Title 18Eminent Domain

Ch. 1AEminent Domain Generally

Art. 5Defendant’s Response

This text of Alabama § 18-1A-94 (Burden of Proof at Hearing on Preliminary Objections) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 18-1A-94 (2026).

Text

(a)Except as provided in subsection (b), the plaintiff has the burden of proof on all issues of fact raised in connection with a preliminary objection.

(b)If in support of a preliminary objection a defendant alleges fraud, corruption, bad faith, or gross abuse of discretion on the part of the plaintiff or any of its officers, agents, or employees, the defendant has the burden of proving by clear and convincing evidence the facts relating to that particular allegation.

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(a) Except as provided in subsection (b), the plaintiff has the burden of proof on all issues of fact raised in connection with a preliminary objection.
(b) If in support of a preliminary objection a defendant alleges fraud, corruption, bad faith, or gross abuse of discretion on the part of the plaintiff or any of its officers, agents, or employees, the defendant has the burden of proving by clear and convincing evidence the facts relating to that particular allegation.