|
7-7-601
Section 7-7-601 Lost, stolen, or destroyed documents of title. (a) If a document of title is
lost, stolen, or destroyed, a court may order delivery of the goods or issuance of a substitute
document and the bailee may without liability to any person comply with the order. If the
document was negotiable, a court may not order delivery of the goods or issuance of a substitute
document without the claimant's posting security unless it finds that any person that may
suffer loss as a result of nonsurrender of possession or control of the document is adequately
protected against the loss. If the document was nonnegotiable, the court may require security.
The court may also order payment of the bailee's reasonable costs and attorney's fees in any
action under this subsection. (b) A bailee that, without a court order, delivers goods to
a person claiming under a missing negotiable document of title is liable to any person injured
thereby. If the delivery is not in good faith, the bailee is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/7-7-601.htm - 1K - Match Info - Similar pages
12-17-94
Section 12-17-94 Duties generally. (a) The duties of the clerks of the circuit court include
all of the following: (1) To sign and issue all summons, subpoenas, writs, executions, and
other processes, under the authority of the court. (2) To keep a consolidated docket sheet
of civil and criminal cases, the names of the parties, the character of action or offense,
the names of the attorneys and the sheriff's return, which shall be entered in all civil and
criminal cases standing for trial, in the order in which they are brought, and the bench notes,
orders, rulings on motions and pleadings, other preliminary matters and final judgment which
have been made in each case by the judge, which shall be the official minutes. (3) To keep
all papers, books, dockets, and records belonging to their office with care and security,
with the papers filed, arranged, numbered, and labeled, so as to be of easy reference, and
the books, dockets and records properly lettered. Parties shall be allowed to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-94.htm - 2K - Match Info - Similar pages
45-13-82.01
Section 45-13-82.01 Assessment of docket fee in certain civil cases; Fair Trial Tax Fund. (a)
In all civil cases in the circuit and district courts in Clarke County, a docket fee, hereinafter
referred to as a solicitor's fee, shall be assessed in each case. The solicitor's fee in civil
cases shall be in the same amount as the docket fee or court cost which is assessed in civil
cases in the circuit and district courts and distributed to the Fair Trial Tax Fund. The fees,
when collected, shall be distributed monthly as follows: Three dollars ($3) from each case
to the office of circuit clerk to be deposited into the Circuit Clerk's Fund and to be used
as provided by law for the operation of the office of the circuit clerk and the remainder
of each fee to the solicitor's fund or district attorney's fund in the county or to the fund
in the county that may be hereafter prescribed by law for the solicitor's fee. (b) The solicitor's
fee may be expended by the district attorney for the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-13-82.01.htm - 1K - Match Info - Similar pages
45-45A-31.28
Section 45-45A-31.28 Terms and conditions. (a) Upon acceptance of an offender into the pretrial
diversion program by the city judge, 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 judge, 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 probation officer or any agency or service provider
in furtherance of the application and evaluation process and the same will be deducted from
any money so refunded to the offender. (b) Upon approval...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45A-31.28.htm - 3K - Match Info - Similar pages
45-7-82.27
Section 45-7-82.27 Costs and fees. (a) Prior to admission, the office of the district attorney
may charge a nonrefundable application fee of one hundred dollars ($100). The amount of the
assessment for participation in the program shall be in addition to any program supervision
fees, court costs, and assessments for drug, alcohol, or anger treatments required by law,
the district attorney, or the court, and are in addition to costs of supervision, treatment,
and restitution for which the pretrial diversion admittee may be responsible. It may be mandatory
for the offender to pay all court costs for the offense charged. Pretrial diversion program
fees as established by this subpart may be waived or reduced due to indigence, reduced ability
to pay, or for other just cause at the discretion of the district attorney. The determination
of indigence of the offender, for the purpose of pretrial diversion admission, fee waiver,
or reduction shall be made by the district attorney. A schedule of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-7-82.27.htm - 4K - Match Info - Similar pages
6-6-20
Section 6-6-20 Definition; instances requiring mediation; sanctions; exceptions; etc. (a) For
purposes of this section, "mediation" means a process in which a neutral third party
assists the parties to a civil action in reaching their own settlement but does not have the
authority to force the parties to accept a binding decision. (b) Mediation is mandatory for
all parties in the following instances: (1) At any time where all parties agree. (2) Upon
motion by any party. The party asking for mediation shall pay the costs of mediation, except
attorney fees, unless otherwise agreed. (3) In the event no party requests mediation, the
trial court may, on its own motion, order mediation. The trial court may allocate the costs
of mediation, except attorney fees, among the parties. (c) If any party fails to mediate as
required by this section, the court may apply such sanctions as it deems appropriate pursuant
to Rule 37 of the Alabama Rules of Civil Procedure. (d) A court shall not order...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-20.htm - 2K - Match Info - Similar pages
10A-2-14.30
Section 10A-2-14.30 Grounds for judicial dissolution. REPEALED IN THE 2019 REGULAR SESSION
BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. The
circuit court of the county where a corporation's articles of incorporation are filed, or,
in the case of corporations created by an act of the Legislature prior to the adoption of
the Constitution of Alabama of 1901, or which have resulted from a merger or consolidation,
the Circuit Court of Montgomery County, may dissolve the corporation: (1) In a proceeding
by the Attorney General if it is established that: (i) The corporation obtained its articles
of incorporation through fraud; or (ii) The corporation has continued to exceed or abuse the
authority conferred upon it by law; (2) In a proceeding by a shareholder if it is established
that: (i) The directors are deadlocked in the management of the corporate affairs, the shareholders
are unable to break the deadlock, and irreparable injury to the corporation...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2-14.30.htm - 2K - Match Info - Similar pages
10A-3-7.10
Section 10A-3-7.10 Liquidation - Jurisdiction of court to liquidate assets and affairs of corporation.
(a) The circuit court of the county in which the nonprofit corporation's principal office
is located in this state, and if none in this state, the circuit court for the county in which
the nonprofit corporation's most recent registered office is located shall have full power
to liquidate the assets and affairs of a nonprofit corporation: (1) In an action by a member
or director when it is established: a. That the directors are deadlocked in the management
of the corporate affairs and that irreparable injury to the nonprofit corporation is being
suffered or is threatened by reason thereof, and either that the members are unable to break
the deadlock or there are no members having voting rights; b. That the acts of the directors
or those in control of the nonprofit corporation are illegal, oppressive, or fraudulent; c.
That the members entitled to vote in the election of directors are...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-3-7.10.htm - 2K - Match Info - Similar pages
12-13-41
Section 12-13-41 Duties of probate judges generally. It shall be the duty of the probate judge:
(1) To issue all citations, letters testamentary, of administration and guardianship, subpoenas,
executions and all other process which is necessary for the exercise of his powers, the jurisdiction
of the court and the enforcement of its judgments, orders and decrees. (2) To keep minutes
of all his official acts and proceedings and, within three months thereafter, to record the
same in well-bound books. (3) To keep all the books, papers and records belonging to his office
with care and security, the papers arranged, filed and labeled so as to be of easy reference
and the books and records lettered and kept with general, direct and reverse indexes, but,
without the authority of the county commission, he shall not make new indexes. (4) To keep
constantly in his office a well-arranged docket, showing the date of the issue and return
of all process, the day set for the hearing, the kind of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-13-41.htm - 5K - Match Info - Similar pages
13A-6-162
Section 13A-6-162 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Any person, corporation,
or other legal entity who engages in any act or practice that violates this article is liable
for a civil penalty of up to fifty thousand dollars ($50,000) for each violation. (b) Any
person, corporation, or other legal entity who violates the terms of an injunction or order
issued under this article shall forfeit and pay a civil penalty of not more than seventy-five
thousand dollars ($75,000) per violation and shall be adjudged in contempt. For the purpose
of this section, any court issuing an injunction or order under this article shall retain
jurisdiction, and in such cases the Attorney General may petition for recovery of civil penalties.
(c) Upon a second or continuing violation of an injunction after imposition of the sanctions
in subsection (b), and upon petition by the Attorney General,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-162.htm - 2K - Match Info - Similar pages
|