9-17-16
or any of its agents, employees or representatives or the Attorney General or any district
attorney, from enforcing any of the provisions of this article or any rule, regulation or
order made under this article, except after due notice to the members of the board and to
all other defendants and after a hearing at which it shall be clearly shown to the court that
the act done or threatened is without sanction of law and, if enforced against the complaining
party, will cause an irreparable injury. The judgment or order of the court granting
temporary injunctive relief shall state the nature and extent of the probable invalidity of
any provision of this article or of any rule, regulation or order made under this article
involved in such suit and shall also contain a clear statement of the probable damage relied
upon by the court as justifying the temporary relief. (b) No temporary injunctive relief of
any kind, including a temporary restraining order, against the board or the members...
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12-15-213
Section 12-15-213 Children charged with delinquent acts or alleged to be in need of supervision
to be accorded privilege against self-incrimination; admissibility in evidence of extrajudicial
statements of children and evidence illegally seized or obtained; double jeopardy. (a) A child
charged with a delinquent act or who is alleged to be in need of supervision shall be accorded
the rights and privileges afforded by the Constitution of the United States and the Constitution
of Alabama of 1901. (b) An extrajudicial statement which would be constitutionally inadmissible
in a criminal proceeding may not be received in evidence over objection. Evidence illegally
seized or obtained may not be received in evidence over objection to establish the allegations
against the child. An extrajudicial admission or confession made by the child out of court
is insufficient to support a finding that the child committed the acts alleged in the petition
unless it is corroborated by other evidence. (c)...
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26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
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37-3-9
Section 37-3-9 Disposition of matters requiring hearing. Except as otherwise provided, any
matter arising in the administration of this chapter requiring a hearing shall be heard and
decided by the commission or shall, by written order of the commission, be referred to a member
or examiner of the commission for hearing and the recommendation of an appropriate order thereon.
With respect to such matter, the member or examiner shall have all the rights, duties, powers
and jurisdiction conferred by this chapter upon the commission; except, that the order recommended
by such member or examiner shall be subject to the following provisions of this paragraph.
Any order recommended by the member or examiner with respect to such matter shall be in writing
and be accompanied by the reasons therefor and shall be filed with the commission. Copies
of such recommended order shall be served upon the parties in interest, who have appeared
in the proceeding, who may file exceptions thereto, but if no...
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45-21-233
Section 45-21-233 Methods of service. (a) In the service of summons and complaints or subpoenas
requiring the attendance of witnesses in any civil, criminal, equity, or other case or proceeding
in either the small claims court, district court, or Circuit Court of Crenshaw County, whether
civil, criminal or juvenile, or before the grand jury, may, in addition to any other mode
of service provided by law or rule, be served by the sheriff or constable personally or by
leaving a copy thereof at the place of residence of the witness, or the sheriff may serve
the same by placing a copy thereof in the United States mail, certified, return receipt requested,
enclosing the subpoena in an envelope properly stamped and addressed to the person or witness
to be served. Upon service by the sheriff upon any witness or person by anyone of the foregoing
methods, provided in this section, the sheriff shall immediately mark the process executed.
If the subpoena so mailed is not delivered to the address...
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26-17-637
Section 26-17-637 Binding effect of determination of parentage. (a) Except as otherwise provided
in subsection (b), a determination of parentage is binding on: (1) all signatories to an acknowledgement
as provided in Article 3; and (2) all parties to an adjudication by a court acting under circumstances
that satisfy the jurisdictional requirements of Section 30-3A-201. (b) A child is not bound
by a determination of parentage under this chapter unless the child was a party or was represented
in the proceeding determining parentage by a guardian ad litem. (c) In a proceeding to dissolve
a marriage, the court is deemed to have made an adjudication of the parentage of a child if
the court acts under circumstances that satisfy the jurisdictional requirements of Section
30-3A-201, and the final order expressly identifies a child as a "child of the marriage,"
"issue of the marriage," or similar words indicating that the husband is the father
of the child. (d) Except as otherwise provided in...
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26-23B-8
Section 26-23B-8 Preservation of anonymity. In every civil or criminal proceeding or action
brought under this chapter, the court shall rule whether the anonymity of any woman upon whom
an abortion has been performed or induced or attempted to be performed or induced shall be
preserved from public disclosure if she does not give her consent to such disclosure. The
court, upon motion or sua sponte, shall make such a ruling and, upon determining that her
anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and
shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing
rooms to the extent necessary to safeguard her identity from public disclosure. Each order
shall be accompanied by specific written findings explaining why the anonymity of the woman
should be preserved from public disclosure, why the order is essential to that end, how the
order is narrowly tailored to serve that interest, and why no reasonable less...
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26-23G-8
Section 26-23G-8 Anonymity of certain individuals in court proceedings. In every civil, criminal,
or administrative proceeding or action brought under this chapter, the court shall rule whether
the identity of any woman upon whom an abortion has been performed or attempted to be performed
shall be preserved from public disclosure if she does not give her consent to such disclosure.
The court, upon motion or sua sponte, shall make such a ruling and, upon determining that
her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel
and shall direct the sealing of the record and exclusion of individuals from courtrooms or
hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each
order shall be accompanied by specific written findings explaining why the anonymity of the
woman should be preserved, why the order is essential to that end, how the order is narrowly
tailored to serve that interest, and why no reasonable less...
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8-21C-11
Section 8-21C-11 Civil action for damages. (a) A dealer, manufacturer, distributor, or warrantor
injured by another party's violation of this chapter may bring a civil action in circuit court
to recover actual damages. The court shall award attorney's fees and costs to the prevailing
party in such an action. Venue for any civil action authorized by this section shall be exclusively
in the county in which the dealer's business is located. In an action involving more than
one dealer, venue may be in any county in which any dealer that is party to the action is
located. (b)(1) Prior to bringing suit under this section, the party bringing suit for an
alleged violation shall serve a written demand for mediation upon the offending party. a.
The demand for mediation shall be served upon the other party via certified mail at the address
stated within the manufacturer and dealer agreement between the parties. b. The demand for
mediation shall contain a brief statement of the dispute and the...
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16-28-13
Section 16-28-13 Burden of proof on person in loco parentis. No parent, guardian or other person
having control or charge of any child shall be convicted for failure to have said child enrolled
in school or for failure to send a child to school or for failure to require such child to
regularly attend such school or tutor, or for failure to compel such child to properly conduct
himself as a pupil, if such parent, guardian or other person having control or charge of such
child can establish to the reasonable satisfaction of the court the following: (1) That the
principal teacher in charge of said school which he attends or should attend or the tutor
who instructs or should instruct said child gave permission for the child to be absent; or
(2) That such parent, guardian or other person is unable to provide necessary books and clothes
in order that the child may attend school in compliance with law, and that such parent, guardian
or other person had prior to the opening of the school, or...
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