Ala. Code § 43-8-202: Contest in Circuit Court After Admission to Probate - Trial of Issues by Jury; Consideration of Witnesses’ Testimony.

The circuit court may, in such case, direct an issue to be tried by a jury, and on the trial before the jury, or hearing before the circuit judge, the testimony of the witnesses reduced to writing by the judge of probate, according to Section 43-8-169, is evidence to be considered by the judge or jury.