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6-3-2
Section 6-3-2 Venue of actions - Against individuals. (a) In proceedings of a legal nature
against individuals: (1) All actions for the recovery of land, of the possession thereof,
or for a trespass thereto must be commenced in the county where the land or a material part
thereof lies. (2) All actions on contracts, except as may be otherwise provided, must be commenced
in the county in which the defendant or one of the defendants resides if such defendant has
within the state a permanent residence. (3) All other personal actions, if the defendant or
one of the defendants has within the state a permanent residence, may be commenced in the
county of such residence or in the county in which the act or omission complained of may have
been done or may have occurred. (b) In proceedings of an equitable nature against individuals:
(1) All actions where real estate is the subject matter of the action, whether it is the exclusive
subject matter of the action or not, must be commenced in the...
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31-2-91
Section 31-2-91 Security for costs in certain actions against National Guard members to be
given by plaintiff. Any person bringing a civil or criminal action against a member of the
National Guard of this state for any act done while in discharge of his military duty shall
give security for the costs and reasonable attorney's fees incurred by the state or defendant
in defending the same, in the same manner and subject to the same regulations applicable in
the case of a nonresident plaintiff, and, if the plaintiff fails to recover, such attorney's
fees may be taxed with the costs and judgment therefor entered against him and his sureties
on the bond. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §120; Acts 1973, No.
1038, p. 1572, §92.)...
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35-9-35
Section 35-9-35 Affidavit and bond. Before such attachment is issued, the plaintiff, or his
agent or attorney must make affidavit, setting forth the amount that is or will be due for
rent and advances, or either, as the case may be, or, if the rent is not payable in money,
the value of the part of the crop or other things agreed to be paid as rent, that one of the
causes for issuing an attachment prescribed in section 35-9-34 exists, and that the attachment
is not sued out for the purpose of vexing or harassing the defendant; and must also execute
a bond in double the amount claimed, with sufficient surety, payable to the defendant, and
with condition that the plaintiff will prosecute the attachment to effect, and pay the defendant
all such damages as he may sustain from the wrongful or vexatious suing out of such attachment.
(Code 1876, §3473; Code 1886, §3062; Code 1896, §2709; Code 1907, §4740; Code 1923, §8805;
Code 1940, T. 31, §21.)...
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6-6-100
Section 6-6-100 By whom; execution of bond. The defendant in attachment or, in his absence,
a stranger, may replevy the goods or chattels attached, or any part thereof, by executing
bond, with sufficient sureties, payable to the plaintiff, in double the value of the property
replevied, to be determined by the officer making the levy, with condition that if the defendant
fails in the action, the principal in the bond or his sureties will return the specific property
attached within 30 days after the judgment, which bond must be returned with the other papers
of the case. (Code 1852, §2536; Code 1867, §2964; Code 1876, §3289; Code 1886, §2964;
Code 1896, §555; Code 1907, §2955; Code 1923, §6203; Code 1940, T. 7, §876.)...
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6-6-253
Section 6-6-253 Interpleader by defendant of adverse claimant of property; force and effect
of bonds given. (a) If the defendant in a detinue action interpleads a claimant of the property
and the defendant is discharged as provided in the Alabama Rules of Civil Procedure and if
the defendant has retained possession of the chattels, giving bond, the court may order the
chattels to be delivered to such claimant on his giving bond with sufficient surety, to be
approved by the clerk, payable to the plaintiff in the penalty of the bond of the defendant
with condition that if he is not successful in the action he will, within 20 days thereafter,
deliver the chattels and pay all such damages as may be assessed for the detention thereof
and all costs adjudged against him. If such person refuses or neglects to give such bond for
three days after service of his first pleading or motion in the action, the chattels must
be delivered to the plaintiff on his giving bond with sufficient surety, to be...
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12-11-30
Section 12-11-30 Generally. (1) CIVIL. The circuit court shall have exclusive original jurisdiction
of all civil actions in which the matter in controversy exceeds twenty thousand dollars ($20,000),
exclusive of interest and costs, and shall exercise original jurisdiction concurrent with
the district court in all civil actions in which the matter in controversy exceeds six thousand
dollars ($6,000), exclusive of interest and costs. (2) CRIMINAL. The circuit court shall have
exclusive original jurisdiction of all felony prosecutions and of misdemeanor or ordinance
violations which are lesser included offenses within a felony charge or which arise from the
same incident as a felony charge; except, that the district court shall have concurrent jurisdiction
with the circuit court to receive pleas of guilty in felony cases not punishable by sentence
of death. The circuit court may, on conviction of a defendant, upon a showing of inability
to make immediate payment of fine and costs,...
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15-13-131
Section 15-13-131 Proceeding in forfeiture of bail - Not cash - Conditional forfeitures order.
(a) When a defendant fails to appear in court as required by the undertaking of bail and no
sufficient excuse has been provided to the court prior to the hearing, the court shall order
a conditional forfeiture and show cause order against the defendant and the sureties of the
bail. The court shall notify defendant and sureties of the order as set out in this article.
The defendant or sureties, or both, shall file a written response with the clerk of the court
within 28 days of the date of service of the notice why the bond should not be forfeited.
If a written response is filed within the time allowed and the court is of the opinion the
written response is sufficient, the court shall set aside the conditional forfeiture. If the
court is of the opinion the written response is not sufficient, the court shall set a hearing
to determine whether the bond should be forfeited. The hearing shall not...
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31-2A-46
Section 31-2A-46 (Article 46.) Opportunity to obtain witnesses and other evidence; subpoena.
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity
to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process
issued in court-martial cases to compel witnesses to appear and testify and to compel the
production of other evidence shall apply the principles of law and the rules of courts-martial
generally recognized in military criminal cases in the courts of the Armed Forces of the United
States, but which may not be contrary to or inconsistent with this code. Process shall run
to any part of the United States, or the territories, commonwealths, and possessions, and
may be executed by civil officers as prescribed by the laws of the place where the witness
or evidence is located or outside of the United States. A court-martial convened under this
code may subpoena and compel the presence of witnesses and the production...
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6-6-141
Section 6-6-141 Filing of complaint in actions begun by attachment - Issuance and service of
summons; default judgment. (a) Whenever a complaint is filed in an action begun by attachment,
whether at the time of suing out the attachment or subsequently thereto, a summons shall issue
upon the complaint in all respects, and with the same effect as if the action had been begun
by complaint. The issuance and service of such a summons shall in no manner affect the levy
or lien of the attachment or the enforcement thereof. (b) If the defendant appears and pleads,
the case proceeds as in actions commenced by complaint. If he fails to appear or, appearing,
fails to plead within the time required by law, the plaintiff may take judgment by default,
and the court may determine the amount of damages pursuant to the Alabama Rules of Civil Procedure,
if necessary. (Code 1852, §2572; Code 1867, §3000; Code 1876, §3325; Code 1886, §2996;
Code 1896, §562; Code 1907, §§2962, 2963; Code 1923,...
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13A-5-2
Section 13A-5-2 Authorized dispositions. (a) Every person convicted of a felony shall be sentenced
by the court to imprisonment for a term authorized by Sections 13A-5-6, 13A-5-9, and 13A-5-10.
(b) In addition to imprisonment, every person convicted of a felony may be sentenced by the
court to pay a fine authorized by Section 13A-5-11. (c) Every person convicted of a misdemeanor
or violation shall be sentenced by the court to: (1) Imprisonment for a term authorized by
Section 13A-5-7; or (2) Pay a fine authorized by Section 13A-5-12; or (3) Both such imprisonment
and fine. (d) Every person convicted of a felony, misdemeanor, or violation, except for the
commission of a sex offense involving a child as defined in Section 15-20A-4(26), may be placed
on probation as authorized by law. (e) This article does not deprive a court of authority
conferred by law to forfeit property, dissolve a corporation, suspend or cancel a license
or permit, remove a person from office, cite for contempt, or...
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