10A-5-4.04
Section 10A-5-4.04 Derivative actions. REPEALED IN THE 2014 REGULAR SESSION BY ACT 2014-144
EFFECTIVE JANUARY 1, 2017. (a) A member may bring an action in the right of a limited liability
company to recover a judgment in its favor if the members or managers with authority to do
so have refused to bring the action or if an effort to cause those members or managers to
bring the action is not likely to succeed. (b) In a derivative action, the plaintiff shall
be a member (1) at the time of bringing the action or have succeeded to the right of a member
by operation of law or pursuant to the terms of the operating agreement from a person who
was a member and (2) at the time of the transaction of which he or she complains. (c) In a
derivative action, the complaint shall set forth with particularity the effort of the plaintiff
to secure initiation of the action by the members or managers with authority to do so, or
the reasons for not making the effort. (d) If a derivative action is...
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12-19-310
Section 12-19-310 Additional docket fees. (a) In addition to the docket fees now authorized
by law, additional docket fees shall be assessed in all circuit, district, and municipal courts
as follows: (1) In civil cases in the circuit and district courts, except child support cases
and as further provided for small claims cases, an additional docket fee of forty-five dollars
($45) and in small claims cases an additional docket fee of fifteen dollars ($15). (2) In
criminal cases in the circuit, district, and municipal courts, except juvenile cases and as
further provided for traffic cases, an additional docket fee of forty dollars ($40) and in
traffic cases, but excluding parking violations, an additional docket fee of twenty-six dollars
($26). (b) (1) Two dollars ($2) of the traffic docket fee shall be distributed to the Police
Officers' Annuity Fund before any distribution pursuant to subsections (c) and (d). (2) Ten
dollars ($10) of each fee in municipal court shall be retained by the...
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25-5-81
Section 25-5-81 Determination of disputed compensation claims generally. (a) Commencement of
action in circuit court. (1) PROCEDURE. In case of a dispute between employer and employee
or between the dependents of a deceased employee and the employer with respect to the right
to compensation under this article and Article 2 of this chapter, or the amount thereof, either
party may submit the controversy to the circuit court of the county which would have jurisdiction
of a civil action in tort between the parties. The controversy shall be heard and determined
by the judge who would hear and determine a civil action between the same parties arising
out of tort, and, in case there is more than one judge of the court, the controversies shall
be set and assigned for hearing under the same rules and statutes that civil actions in tort
are set and assigned. The court may hear and determine the controversies in a summary manner.
The decision of the judge hearing the same shall be conclusive and...
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45-42-81.01
Section 45-42-81.01 Solicitor's fee. (a)(1) In all juvenile, traffic, criminal, and quasi-criminal
cases that arise within the geographic boundaries of Limestone County in the juvenile, district,
circuit, and municipal courts exercising jurisdiction within the geographic boundaries of
Limestone County, a docket fee, hereinafter referred to as a solicitor's fee, shall be assessed
in each case. The fees, when collected, shall be distributed monthly as follows: a. Three
dollars ($3) from each case: 1. To the circuit clerk to be deposited into the circuit clerk's
fund; or 2. To the municipal court clerk to be deposited into the municipal clerk's fund or
the fund otherwise established for the operation of the office of the municipal court if the
case originates and is disposed of in a municipal court; or 3. Apportioned so that one dollar
($1) from each case is distributed to the circuit clerk to be deposited into the circuit clerk's
fund, and two dollars ($2) from each case is distributed...
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45-42-82.49
Section 45-42-82.49 Program requirements; termination from program liability for costs and
fees. (a) Upon acceptance of an offender into the pretrial diversion program, the district
attorney and the offender shall submit the offender's written application together with the
offender's statement of facts, the district attorney's acceptance of the offender, and the
agreement between the district attorney and the offender to the court presiding over the offender's
affected case. The offender shall also enter a plea of guilty to the charge or charges involved.
(b) Upon acceptance of the agreement, the court shall withdraw and file the case or otherwise
place it on an administrative docket until such time as the court has been notified that the
offender has either fulfilled the terms of the agreement or has been terminated from the program.
However, acceptance of the plea of guilty and imposition of punishment by the court shall
be deferred until and unless the offender is terminated from...
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12-19-273
Section 12-19-273 Court to exercise sound discretion and specifically set forth reasons for
award; factors to be considered. In determining the amount of an award of costs or attorneys'
fees, the court shall exercise its sound discretion. When granting an award of costs and attorneys'
fees, the court shall specifically set forth the reasons for such award and shall consider
the following factors, among others, in determining whether to assess attorneys' fees and
costs and the amount to be assessed: (1) The extent to which any effort was made to determine
the validity of any action, claim or defense before it was asserted; (2) The extent of any
effort made after the commencement of an action to reduce the number of claims being asserted
or to dismiss claims that have been found not to be valid; (3) The availability of facts to
assist in determining the validity of an action, claim or defense; (4) The relative financial
position of the parties involved; (5) Whether or not the action was...
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45-13-82
Section 45-13-82 Assessment of docket fee in certain cases; Solicitor's Fair Trial Fund. (a)
In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit,
and municipal courts in Clarke County, a docket fee, hereinafter referred to as a solicitor's
fee, shall be assessed in each case. The fees shall be collected by the circuit clerk and
distributed monthly to the Solicitor's Fair Trial Fund in the county or to the fund that may
be hereafter prescribed by law for the solicitor's fee. The solicitor's fee shall be in an
amount equal to all docket fees or court costs which are assessed upon an adjudication of
guilt in a criminal case and distributed to the Fair Trial Tax Fund. (b) The solicitor's fee
shall be collected in all criminal cases where the defendant is adjudged guilty, a bond forfeited,
a penalty imposed, or where there is issued any alias or capias warrant of arrest. The solicitor's
fee shall be in addition to and not in lieu of any other fees...
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45-15-80.08
Section 45-15-80.08 Solicitor's fee. (a) In all juvenile, traffic, criminal, and quasi-criminal
cases in the juvenile, district, circuit, and municipal courts in Cleburne County, a docket
fee, hereinafter referred to as a solicitor's fee, shall be assessed in each case. The fees,
when collected, shall be distributed monthly to the Solicitor's Fund in the county or to the
fund that may be hereafter prescribed by law for the solicitor's fee. The solicitor's fee
shall be in an amount equal to all docket fees or court costs which are assessed upon an adjudication
of guilt in a criminal case and distributed to the Fair Trial Tax Fund. Three dollars ($3)
of each fee when collected may be retained by the clerk of the court as an administrative
fee to be used to pay for the operation of the clerk's office. (b) The solicitor's fee shall
be collected in all criminal cases where the defendant is adjudged guilty, a bond forfeited,
a penalty imposed, or where there is issued any alias or capias...
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45-31-84.10
Section 45-31-84.10 Program requirements; jurisdiction; termination from program; liability
for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program
by the city attorney, the city attorney and the offender shall submit the written application
of the offender together with the statement of facts of the offender, the acceptance of the
offender by the city attorney, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall remain liable for any
actual expenses already incurred by the city attorney or any agency or service provider in
furtherance of the application and evaluation process and the same will be...
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45-35A-56.09
Section 45-35A-56.09 Program requirements; jurisdiction; termination from program; liabiity
for costs and fees. (a) Upon acceptance of an offender into the pretrial diversion program
by the city attorney, the city attorney and the offender shall submit the written application
of the offender together with the statement of facts of the offender, the acceptance of the
offender by the city attorney, and the agreement between the city attorney and the offender
to the court presiding over the affected case of the offender for the approval of the court.
The offender shall also enter a plea of guilty to the charge or charges involved. If the court
rejects the agreement and guilty plea, any money paid by the offender in satisfaction of the
application fee shall be refunded to the offender. The offender shall remain liable for any
actual expenses already incurred by the city attorney or any agency or service provider in
furtherance of the application and evaluation process and the same shall be...
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