Code of Alabama

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6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
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12-15-106
ratified by the original signature of a judge with authority over juvenile matters. (h) Matters
Before the Referee Needing Immediate Action. If a matter before a referee requires immediate
action, the referee shall state in his or her written findings and recommendations why the
recommendations should be effective immediately. These matters for immediate action may include,
but are not limited to, matters of contempt, the physical safety of the child, or the safety
of others, or when the personal liberty of the child may be infringed. In such event,
the written recommendations of the referee shall be effective and binding, upon the consent
of the parties, for a period not exceeding 72 hours. In the event the parties do not consent
to immediate action, the recommendations shall be reviewed immediately by any judge with authority
over juvenile matters, who may order an appropriate temporary order based on the findings
and recommendations, which order will be effective for a period not...
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12-21-160
Section 12-21-160 Expert witnesses. (a) Generally. If scientific, technical, or other specialized
knowledge will assist the trier of fact to understand the evidence or to determine a fact
in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education,
may testify thereto in the form of an opinion or otherwise. (b) Scientific evidence. In addition
to requirements set forth in subsection (a), expert testimony based on a scientific theory,
principle, methodology, or procedure is only admissible if: (1) The testimony is based on
sufficient facts or data, (2) The testimony is the product of reliable principles and methods,
and (3) The witness has applied the principles and methods reliably to the facts of the case.
(c) Nothing in this section shall modify, amend, or supersede any provisions of the Alabama
Medical Liability Act of 1987 and the Alabama Medical Liability Act of 1996, commencing with
Section 6-5-540, et seq., or any judicial interpretation...
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15-25-2
Section 15-25-2 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Videotaped deposition; who may be present; procedure; protective order. (a)
In any criminal prosecution referred to in Section 15-25-1, the court, upon motion of the
district attorney or Attorney General, for good cause shown and after notice to the defendant,
may order the taking of a videotaped deposition of an alleged victim of or witness to the
crime who is under the age of 16 at the time of the order. (b) On any motion for a videotaped
deposition of the victim or a witness, the court shall consider the age and maturity of the
child, the nature of the offense, the nature of testimony that may be expected, and the possible
effect that the 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. (c) During the taping
of a videotaped deposition authorized pursuant to this section, the...
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17-16-56
is contested, requiring the party, within five days after the service of the summons, to appear
and make answer to the statement, which summons must be served by the sheriff or by a constable,
if the contest is with respect to the office of sheriff. The contest is triable by the court
without the intervention of a jury and must be heard and tried in precedence of all other
cases, civil or criminal, standing for trial in the court. Either party is entitled to the
writ of subpoena to compel the personal attendance of witnesses on the trial of the
contest, and against defaulting witnesses such proceedings may be had as against other defaulting
witnesses in civil cases pending in the court. Testimony may also be taken by depositions
in the case, and in like manner as depositions are taken in other civil cases. (Code 1896,
§1696; Code 1907, §470; Acts 1911, No. 202, p. 195; Code 1923, §559; Code 1940, T. 17,
§245; §17-15-29; amended and renumbered by Act 2006-570, p. 1331, §83.)...
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27-2-27
Section 27-2-27 Witnesses and evidence for examination, investigation, or hearing - Compelling
testimony or production of documents, etc.; immunity from prosecution. (a) If any individual
asks to be excused from attending or testifying or from producing any books, papers, records,
contracts, correspondence, or other documents in connection with any examination, hearing,
or investigation being conducted by the commissioner or his examiner on the ground that the
testimony or evidence required of him may tend to incriminate him or subject him to a penalty
or forfeiture and shall, by the Attorney General, be directed to give such testimony or produce
such evidence, he must nonetheless comply with such direction; but he shall not thereafter
be prosecuted or subjected to any penalty or forfeiture for, or on account of, any transaction,
matter or thing concerning which he may have so testified or produced evidence, and no testimony
so given or evidence produced shall be received against him...
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45-11-231.10
action is made to the board, giving the reason for the removal, discharge, or demotion. The
employee shall have 10 days within which to appeal to the board from the time of his or her
notification of removal, discharge, or demotion. If an appeal is filed, the board shall thereupon
order the charges or complaint to be filed forthwith in writing, if not already filed, and
shall hold a hearing de novo on the charges. No merit employee shall be removed, discharged,
or demoted except for some personal misconduct or fact rendering his or her further
tenure harmful to the public interest, or for some cause affecting or concerning his or her
fitness or ability. If the employee's removal, discharge, or demotion is appealed to the board,
then the same will become final only upon affirmation by the board after a hearing where the
employee has been given an opportunity to face his or her accusers and be heard in his or
her own defense. Pending a hearing, the affected employee may be suspended...
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45-29-120.13
made to the board, giving the reason for such removal, discharge, or demotion. The employee
shall have 10 days from the time of his or her notification of his or her removal, discharge,
or demotion in which to appeal to the board. If such appeal is filed, the board shall thereupon
order the charges or complaint to be filed forthwith in writing, if not already filed, and
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
tenure harmful to the public interest, or for some cause affecting or concerning his or her
fitness or ability; and if such removal, discharge, or demotion is appealed to the board,
then the same shall become final only upon affirmation by the board after a hearing upon written
charges or complaint has been had and after an opportunity has been given such employee to
face his or her accusers and be heard in his or her own defense. Pending a...
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45-47-231.32
made to the board, giving the reason for such removal, discharge, or demotion. The employee
shall have 10 days from the time of his or her notification of his or her removal, discharge,
or demotion in which to appeal to the board. If such appeal is filed, the board shall thereupon
order the charges or complaint to be filed forthwith in writing, if not already filed, and
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
tenure harmful to the public interest, or for some cause affecting or concerning his or her
fitness or ability; and if such removal, discharge, or demotion is appealed to the board,
then the same shall become final only upon affirmation by the board after a hearing upon written
charges or complaint has been had and after an opportunity has been given such employee to
face his or her accusers and be heard in his or her own defense. Pending a...
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6-6-319
Section 6-6-319 Forms for judgment, restitution or possession. The following or similar forms
may be used when appropriate in forcible entry and unlawful detainer proceedings; but they
are not exclusive of other appropriate forms: Judgment. A. B. v. C. D. Came the parties on
the ______ day of _____, and upon evidence I find the said C. D. guilty of the forcible entry
and unlawful detainer (or, unlawful detainer) as complained against him by A. B., and I therefore
order and adjudge that C. D. restore to A. B. the possession of the tract of land (or tenement)
mentioned in the complaint: _____ (here designate the land or tenement), and pay the cost
of this proceeding Writ of Restitution or Possession. State of Alabama, County. ___ To any
lawful officer of said county: You are hereby commanded to restore A. B. to possession (or
place A. B. in possession) of the land and tenements (or, as the case may be) which A. B.
recovered of C. D. in an action of forcible entry and detainer (or...
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