5-3-5. Obligations of court; de novo proceedings; jury trials.

Except as provided in subsection (b) of this Code section or otherwise provided by law, a reviewing court shall:#

1. (1)

   Review only matters raised in the record of the proceeding in the lower judicatory;#

2. (2)

   Accept the findings of fact and credibility of the lower judicatory unless they are clearly erroneous;#

3. (3)

   Accept a decision regarding an issue within the sound discretion of the lower judicatory unless such a decision was an abuse of discretion;#

4. (4)

   Determine whether the final judgment was sustained by sufficient evidence; and#

5. (5)

   Review questions of law de novo.#

A reviewing court shall conduct a de novo proceeding under this chapter if a de novo proceeding is specified by law. Cases reviewed under this subsection shall be heard by the reviewing court without a jury unless a jury trial is ordered by the reviewing court and authorized by law.#

A demand for a jury trial under this chapter shall be filed in the reviewing court within 30 days after filing a petition for review.#

Except for convictions under Article 2 of Chapter 13 of Title 40, the review of any appealable final judgment of a probate court subject to this chapter shall be a de novo proceeding with the right to a jury trial if demanded.#