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6-6-593
Section 6-6-593 Court always open; return of summons; setting of case for trial; trial by court
or jury. (a) The court is at all times open for the trial of a case or the granting of orders
therein. The summons shall be returnable 10 days from the date of issuance, and if five days'
service is not had before such return day, the summons is returnable to the first day after
the expiration of five days after such service. If such return day shall be a day of any regular
or special session of the court, the case stands for trial on the next day after the return
day, unless good cause shall be shown for further delay; but if such return day does not fall
within a regular or special session, the judge must fix a day for the hearing, of which the
clerk must notify the parties or their attorneys; and on such day the case may be tried or,
for good cause shown or by consent of parties and the approval of the court, may be continued
to another day. (b) The case specified in this section must be...
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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness unavailable
because of exceptional circumstances. (a) In any criminal prosecution, the court may, upon
motion of the district attorney, the defense, or the court, for good cause shown and after
notice to the parties, order the taking of a deposition or a videotaped deposition of a victim
or a witness when the victim or witness is or may be unavailable for trial for medical reasons
or other exceptional circumstances. On any motion for a deposition or a videotaped deposition
of the victim or witness, the court shall consider the age of the victim or witness, the potential
unavailability of the victim or witness for trial, the nature of the offense, the nature of
testimony that may be expected, and the possible effect that testimony in person at trial
may have on the victim or witness, along with any other relevant matters that may be required
by Supreme Court rule. During the taking of a deposition or...
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30-2-56
Section 30-2-56 Interim alimony. (a)(1) In an action for divorce, legal separation, or annulment,
the court may award either spouse interim alimony based upon a showing of all of the following:
a. The spouse maintains the validity of the marriage. b. The spouse needs interim alimony,
after taking into consideration any other financial contributions provided by the other spouse
pursuant to other interim orders of the court. c. The other spouse has the ability to pay
interim alimony. (2) An award under subdivision (1) may be made retroactive to the date of
the filing of the complaint. The amount awarded shall be based on the applicable factors for
awarding rehabilitative or periodic alimony as established in subsections (d), (e), and (f)
of Section 30-2-57. (b) An order awarding interim alimony may be terminated or prospectively
modified at any time prior to the entry of a final judgment for good cause shown. In case
of an emergency, the court may order or prospectively modify interim...
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34-24-337
Section 34-24-337 Renewal of certificate; reinstatement of license. (a) Renewal of license.
Every person licensed to practice medicine or osteopathy in the State of Alabama shall, on
or before December 31 of each succeeding year, apply to the commission for renewal of a certificate
of registration which shall be effective during the next calendar year. All new licenses issued
by the commission, upon application, shall be registered by the commission at the time of
issuance, and a certificate of registration, which shall be effective until and including
the following December 31, shall be issued to the licensee. Each renewal application shall
be made on a form to be furnished by the commission. The application shall give the name of
the applicant in full, his or her address, the date and number of the license issued to the
applicant for the practice of medicine or osteopathy, and such other facts as shall tend to
identify the applicant for registration as the commission shall deem...
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41-22-13
Section 41-22-13 Rules of evidence in contested cases. In contested cases: (1) The rules of
evidence as applied in nonjury civil cases in the circuit courts of this state shall be followed.
When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence
not admissible thereunder may be admitted (except where precluded by statute) if it is of
a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
Agencies shall give effect to the rules of privilege recognized by law. Except as hereinafter
provided, objections to evidentiary offers may be made and shall be noted in the record. Whenever
any evidence is excluded as inadmissible, all such evidence existing in written form shall
remain a part of the record as an offer of proof. The party seeking the admission of oral
testimony may make an offer of proof by means of a brief statement on the record describing
the testimony excluded. All rulings on the admissibility of...
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7-1-201
Section 7-1-201 General definitions. (a) [Reserved]. (b) Subject to additional definitions
contained in the subsequent articles of this title which are applicable to specific articles
or parts thereof, and unless the context otherwise requires, in this title: (1) "Action,"
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in
equity, and any other proceeding in which rights are determined. (2) "Aggrieved party"
means a party entitled to pursue a remedy. (3) "Agreement," as distinguished from
"contract," means the bargain of the parties in fact, as found in their language
or inferred from other circumstances, including course of performance, course of dealing,
or usage of trade as provided in Section 7-1-303. (4) "Bank" means a person engaged
in the business of banking and includes a savings bank, savings and loan association, credit
union, and trust company. (5) "Bearer" means a person in possession of a negotiable
instrument, document of title, or...
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12-19-90
Section 12-19-90 Judge of probate - Schedule of fees. (a) The following fees for service provided
by the probate offices shall be charged and paid into the county treasury or to the judge
of probate as may be authorized or required by law: (1) Probate of will of not more than five
pages, whether contested or not, with three certified copies of letters and including final
settlement when not more than 10 pages. An additional charge of $3.00 per page for wills over
five pages in length and for final settlements in excess of 10 pages in length shall be made
..... $45.00 (2) Grant of letters of administration with three certified copies of letters
of administration and including final settlement when not more than 10 pages (when over 10
pages an additional charge of $3.00 per page) ..... 45.00 (3) Grant of letters of guardianship
or conservatorship, three certified copies ..... 20.00 (4) Partial or final settlement of
guardianship or conservatorship ..... 15.00 (5) Each additional...
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25-4-91
Section 25-4-91 Determinations and redeterminations upon claims for benefits. (a) Determination
by examiner. A determination upon a claim filed pursuant to Section 25-4-90 shall be made
promptly by an examiner designated by the secretary, and shall include a statement as to whether
and in what amount a claimant is entitled to benefits and, in the event of denial, shall state
the reasons therefor; except, that where he deems additional evidence to be needed, the examiner
may refer such claim or any question involved therein to an appeals tribunal who shall make
this decision with respect thereto in accordance with the proceeding prescribed in Section
25-4-93. A determination with respect to the first week of a benefit year shall also include
a statement as to whether the claimant has been paid the wages specified under subdivision
(a)(5) of Section 25-4-77 and if so, the first day of the benefit year, his weekly benefit
amount, and the maximum total amount of benefits payable to him...
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26-10A-26
Section 26-10A-26 Appeals. (a) Appeals from any final decree of adoption shall be taken to
the Alabama Court of Civil Appeals and filed within 14 days from the final decree. (b) An
appeal from any final order or decree rendered under this chapter shall have priority in all
courts and shall have precedence over all other matters, except for other matters which have
been given priority by specific statutory provision or rule of court. The trial court may
enter further orders concerning the custody of the adoptee pending appeal. (c) If an order,
judgment, or decree rendered under this chapter is appealed, the party who files the appeal
shall cause notice of the appeal to be transmitted to all persons entitled to receive notice
pursuant to Section 26-10A-17, except for persons for whom consent or relinquishment has been
implied under Section 26-10A-9 or whose consent or relinquishment is not required under Section
26-10A-10. Such notice of appeal shall set forth the pendency of the appeal...
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45-2-120.09
Section 45-2-120.09 Appeals from disciplinary actions. (a) A classified employee shall have
the right to appeal any disciplinary action taken against him or her. An employee on probationary
status shall not have that right unless the employee had permanent status in some other position
at the time of appointment to the probationary position. An employee desiring to appeal any
disciplinary action directed against him or her shall first exhaust any administrative remedy
as provided by policy of the commission. Upon exhausting any administrative remedy, the employee
shall then file his or her appeal in writing with the personnel director within seven calendar
days of the last final administrative action on the disciplinary action, and shall request
a hearing before the personnel appeals board. Within seven calendar days after the receipt
of the appeal, the personnel director shall file with the chair of the board and mail to the
employee by certified mail a statement specifying the...
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