17-16-68
Section 17-16-68 Commission to take testimony. The commission shall take testimony on the part
of the contestant, and also on the part of the contestee, and shall have power to send for
witnesses, books, and papers anywhere in the State of Alabama; shall have power to issue warrants,
under the hand of the chair, to any judge, or clerk of any court of record or such other competent
and discreet person as the commission may appoint, to take the deposition of witnesses at
such time and place as the warrant shall direct, and the points as to which the testimony
is to be taken shall be set forth in such warrant. The evidence taken in the case of a contest
of the election of one officer may be used in the contest of the election of any other officer
voted for at the same election and contested before the Legislature; provided, that notice
that such evidence will be used, or offered, shall be given to the party or parties interested
in such other office, so that all parties interested may be...
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34-3-60
Section 34-3-60 Fees paid as part of costs in partition and trust proceedings. In all actions
and proceedings in the probate courts and circuit courts and other courts of like jurisdiction,
where there is involved the administration of a trust, or where there is involved the sale
of property for distribution, or where there is a partition in kind of real or personal
property between tenants in common, the court having jurisdiction of such action or proceeding
may ascertain a reasonable attorney's fee, to be paid to the attorneys or solicitors representing
the trust, joint or common property, or any party in the action or proceeding, and is authorized
to tax as a part of the costs in such action or proceeding such reasonable attorney's fee,
which is to be paid when collected as the other costs in the proceeding to such attorneys
or solicitors as may be directed or ordered by the court and to be a lien on the several parts
in case of partition in kind. (Code 1907, §§3010, 5219; Code...
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34-8B-2
(C.S.R.). A designation of certification given by the Alabama Court Reporters Association for
its certified members. (5) COURT REPORTER. Any person who is engaged in the practice of court
reporting as a profession, including persons who actually report judicial proceedings in courts
and persons who make verbatim records. (6) COURT REPORTING. The making of a verbatim record
by means of manual shorthand, machine shorthand, closed microphone voice dictation silencer,
or by other means of personal verbatim reporting of any testimony given under oath
before, or for submission to, any court, referee, or court examiner or by any board, commission,
or other body, or in any other proceeding where a verbatim record is required. The taking
of a deposition is the making of a verbatim record. (7) CVR. Certified verbatim reporter.
(8) FISCAL YEAR. October 1 through September 30. (9) FUND. The Alabama Board of Court Reporting
Fund. (10) NCRA. The National Court Reporters Association. (11) NVRA....
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35-4-131
Section 35-4-131 Notice of actions, etc. (a) When any civil action or proceeding shall be brought
in any court to enforce any lien upon, right to or interest in, or to recover any land, or
where an application has been made to the probate judge of any county for an order of condemnation
of land, or any interest therein, the person, corporation, or governmental body commencing
such action or proceeding or making such application shall file with the judge of probate
of each county where the land or any part thereof is situated a notice containing the names
of all of the parties to the action or proceeding, or the persons named as those having an
interest in the land in the application for an order of condemnation, a description of the
real estate and a brief statement of the nature of the lien, writ, application, or action
sought to be enforced. The judge of probate shall immediately file and record the notice in
the lis pendens record and note on it and in the record the hour and date...
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43-2-230
Section 43-2-230 Applications for letters of administration. Whenever letters of administration
on the estate of any person presumed to be dead on account of absence for five or more years
from the place of his last domicile within this state shall be applied for, it shall be the
duty of the judge of probate to whom the application shall be made to accept and file the
same and to thereupon take the testimony with respect to whether the petitioner is entitled
to such letters; and, if the court is satisfied by the testimony that the applicant would
be entitled thereto were the supposed decedent in fact dead, the court shall cause to be advertised
in a newspaper published in the county, once a week for four consecutive weeks, the fact of
said application, together with notice that on a day certain which shall be at least two weeks
after the last of said advertisements, the court will hear evidence concerning the alleged
absence of the supposed decedent, and the circumstances and duration...
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43-2-250
Section 43-2-250 Appointment. When, in any proceeding in any court, the estate of a deceased
person must be represented, and there is no executor or administrator of such estate, or he
is interested adversely thereto, it shall be the duty of the court to appoint an administrator
ad litem of such estate for the particular proceeding, without bond, whenever the facts rendering
such appointment necessary shall appear in the record of such case or shall be made known
to the court by the affidavit of any person interested therein. (Code 1876, §2625; Code 1886,
§2283; Code 1896, §352; Code 1907, §2818; Code 1923, §6057; Code 1940, T. 61, §165.)...

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45-33-80
are drawn. The items of costs above referred to shall be designated as law library fees. On
or before the tenth day of each month, the clerks or other collecting officers of the respective
courts, including the register of the circuit court, shall pay over to the county treasurer
or depository all amounts collected as law library fees prior to the first day of the month.
The management of the law library is vested in the committee herein created, and all books,
periodicals, reports, and personal property purchased with the funds produced by this
section shall be the property of Hale County, Alabama; provided, however, that the committee
may from time to time sell or exchange such books, reports, periodicals, and personal
property as may be necessary to keep the law library up to date and apply the proceeds of
the sale thereof upon the purchase of other books, reports, periodicals, and personal
property for use in the library. The committee may accept any gift or loan of any books,...

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6-10-96
Section 6-10-96 Reduced homestead incapable of allotment - Sale - Proof of facts; order and
notice; terms; application of proceeds. The facts stated in the application to sell the homestead
for setting apart of exemptions may be proved by the oral testimony of witnesses or by the
records of the probate court, and if the facts stated in such application are proven to the
satisfaction of the court by the evidence, the court may order the sale of said homestead,
and notice of said sale shall be given as directed by Section 43-2-455. Said homestead must
be sold on such terms as the court may direct, not exceeding a credit of three years, but
in no case shall the cash payment be less than $6,000, and said sum of $6,000 shall, in the
discretion of the court, be applied by the court to the purchase of a homestead for the benefit
of such surviving spouse and minor children, or either of them, or be paid by the court to
the surviving spouse for the use and support of said surviving spouse and...
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6-6-570
Section 6-6-570 Judgment - Recordation. The court shall, in the judgment, order that a certified
copy thereof be recorded in the office of the judge of probate for the county in which the
lands lie, and in the judgment direct in whose names it shall be indexed on the direct index
and in whose names it shall be indexed on the indirect index of the record thereof. The register
or clerk shall, within 30 days from the entry of the judgment, file a certified copy thereof
in the office of the judge of probate for record and tax the expense thereof as part of the
cost of the case. The judge of probate shall record such copy in the same book and manner
in which deeds are recorded and index the same as in said judgment ordered or directed. Said
judgment shall be binding upon all persons except as is provided in this division. (Acts 1923,
No. 526, p. 699; Code 1923, §9923; Code 1940, T. 7, §1127.)...
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12-1-7
Section 12-1-7 Powers of courts as to preservation of order, enforcement of judgments, etc.,
generally. Every court shall have power: (1) To preserve and enforce order in its immediate
presence and as near thereto as is necessary to prevent interruption, disturbance or hindrance
to its proceedings; (2) To enforce order before a person or body empowered to conduct a judicial
investigation under its authority; (3) To compel obedience to its judgments, orders and process
and to orders of a judge out of court, in an action or proceeding therein; (4) To control,
in furtherance of justice, the conduct of its officers and all other persons connected with
a judicial proceeding before it in every matter appertaining thereto; (5) To administer oaths
in an action or proceeding pending therein and in all other cases where it may be necessary
in the exercise of its powers and duties; and (6) To amend and control its process and orders
so as to make them conformable to law and justice. (Code 1852,...
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