Code of Alabama

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45-48-121.11
Section 45-48-121.11 Removal, discharge, or demotion of employee; proceedings; appeal. (a)
The county commission, any member of the governing body, or the head of any department or
office, respectively, can remove, discharge, or demote any merit employee who is directly
under such governing body, member thereof, or department head, provided that within five calendar
days a report in writing of such action is made to the board and employee, giving the reason
for such removal, discharge, or demotion. The employee shall have 10 calendar days from the
time of notification of his or her discharge, removal, or demotion in which to appeal to the
board. If such appeal be filed, the board shall thereupon order the charges or complaint to
be filed forthwith in writing, if not already filed, and within 15 calendar days shall hold
a hearing de novo on such charges. No merit employee shall be removed, discharged, or demoted
except for some personal misconduct, or fact, rendering his or her further...
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45-48-234
Section 45-48-234 Methods of service. (a) In the courts of Marshall County subpoenas requiring
the attendance of witnesses in any civil, criminal, or other case or proceeding, or before
the grand jury, may be served by the sheriff personally or by leaving a copy thereof at the
place of residence of the witness or in the discretion of the sheriff, the sheriff may serve
the same by placing a copy thereof in the United States mail, 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 any one of the foregoing methods, the sheriff
shall immediately mark the process executed in the manner so served. If the subpoena so mailed
is not delivered to the addressee but is returned to the sheriff by the United States Post
Office department, then the sheriff shall immediately make a diligent effort to serve the
subpoena either personally or by leaving a copy thereof at the place of...
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45-49-150.12
Section 45-49-150.12 Revocation of permits. (a) For good cause shown, the sheriff may revoke
any bingo permit issued pursuant to this part if the bingo permit holder or any officer, director,
agent, member, or employee violates this part or any rules promulgated pursuant to this part.
The revocation of a bingo permit by the sheriff shall become effective immediately. The bingo
permit holder then has a 10-day period from the date of the revocation to make a written request
for a hearing to the Mobile County Commission or governing body. All existing rules and procedures
for meetings and hearings before the Mobile County Commission or governing body shall apply
to the hearing unless in direct conflict with this part. (b) Following a full hearing and
the rendering of a written decision by the Mobile County Commission or governing body, either
party may appeal the decision to the Circuit Court of Mobile County and request a trial by
jury. The rendering of a decision adverse to the bingo...
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6-6-25
Section 6-6-25 Definitions; legislative findings; compelled testimony, etc., of mediators.
(a) For the purposes of this section, the following words shall have the following meanings:
(1) MEDIATION. A process in which a mediator acts to encourage and facilitate the resolution
of a dispute without imposing a settlement. (2) MEDIATOR. A neutral third party conducting
a mediation, including any co-mediators, employees, agents, or independent contractors of
the mediator or co-mediator, and any person attending or observing the mediation for purposes
of training. (b) The Legislature finds that it is desirable to encourage public confidence
in the use of alternative methods of dispute resolution by preventing a mediator from being
compelled to testify or produce documents about a mediation. (c) Except as otherwise permitted
by the Alabama Civil Court Mediation Rules, a mediator may not be compelled in any adversary
proceeding or judicial forum, including, but not limited to, a hearing on...
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6-6-740
Section 6-6-740 Judgment for failure to pay over money collected or deliver personal property
recovered in capacity as attorney. (a) Judgment may, in like manner, be summarily entered
against any attorney-at-law in this state who fails to pay over money collected by him or
deliver personal property recovered by him in that capacity, whether by an action or otherwise,
on demand made by the person entitled thereto, his agent or attorney for the amount collected
or the value of the property recovered, less the amount due the attorney for fees or compensation
for services, interest thereon, and damages at the rate of five percent a month, after such
demand, on the aggregate amount, in the circuit court of the county in which such attorney
resides or, if he has no known place of residence in this state, in the circuit court of any
county, on three days' personal notice; but such attorney may, if a doubt exists as to the
right of the person making the demand or if there is a dispute as to...
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8-22-17
Section 8-22-17 Equity action by person injured from violation of chapter authorized; injunctive
relief; damages; attorneys fees; jurisdiction. (a) Any person injured by any violation, or
who would suffer injury from any threatened violation, of this chapter may maintain an action
in any court of equity jurisdiction to prevent, restrain, or enjoin such violation or threatened
violation. If in such action a violation or threatened violation of this chapter shall be
established, the court shall enjoin and restrain, or otherwise prohibit, such violation or
threatened violation and, in addition thereto, the court shall assess in favor of the plaintiff
and against the defendant the costs of suit, including reasonable attorney's fees. In such
action it shall not be necessary that actual damages to the plaintiff be alleged or proved,
but where alleged and proved, the plaintiff in said action, in addition to such injunctive
relief and cost of suit, including reasonable attorney's fees, shall...
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12-19-134
Section 12-19-134 Taxation and collection of amount proved; limitation on number of witnesses
to prove any one matter. (a) Upon the final disposition of any civil case, the amount proved
by the witnesses, as provided in this article, must be taxed in the bill of costs against
the rightful party, setting forth the name of each witness and the amount allowed him, which
must be collected by the sheriff for the use of such witnesses and be paid to the clerk issuing
the execution, unless the certificate of such clerk, with the receipt of the witnesses thereon,
is produced to the sheriff. (b) Not more than two witnesses shall be taxed in any bill of
costs who were called to prove any one matter of fact or, having been subpoenaed, were not
examined unless the court, upon a motion to retax the costs, should, in its discretion, consider
that the circumstances of the case warranted the examining or summoning of more than two witnesses
for the proof of a particular fact or unless such witnesses...
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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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15-22-54.1
Section 15-22-54.1 Resentencing. (a) Any person now serving a prison sentence based on revocation
of probation who would have been an eligible offender as defined in Section 15-22-54 at the
time of revocation shall be entitled to be resentenced upon petition to the sentencing court.
Such petition shall be on a form and filed in the manner prescribed by the Administrative
Office of Courts. Petitions shall be considered authorized motions for modification of sentence,
assigned a unique identifier by the Administrative Office of Courts, and shall not require
payment of a filing fee. (b) The court shall have jurisdiction to resentence the offender
in accordance with the terms of this section, upon a showing of the following: (1) The petitioner
met all requirements of an eligible offender as defined in Section 15-22-54 at the time of
revocation. (2) Probation was thereafter revoked and the petitioner was sentenced to the penitentiary
only as a result of administrative violations of...
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22-22A-7
Section 22-22A-7 Hearings and procedures before commission; appeal and review. (a) Beginning
October 1, 1982, the Environmental Management Commission, in addition to any other authority
which may be conferred upon it by law, shall have the power to: (1) Develop and prescribe
its own hearing procedures, unless otherwise specified by law; and (2) Administer oaths, certify
to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, and
compel the attendance of witnesses and the production of papers, books, accounts, payrolls,
documents and records. In the event of failure of any person to comply with any subpoena lawfully
issued, or on the refusal of any witness to produce evidence or to testify as to any matter
regarding which he may be lawfully interrogated, it shall be the duty of any court of competent
jurisdiction or of the judge thereof, upon the application of the Environmental Management
Commission or its designee, to compel obedience by contempt...
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