12-12-35
Section 12-12-35 Transfer of adoption proceedings to district court from probate court; maintenance
of records of adoption proceedings. (a) Adoption proceedings, primarily cognizable before
the probate court, may be transferred to the district court on motion of a party to the proceeding
in probate court. (b) When adoption proceedings are transferred to the district court, a copy
of the record of such proceedings shall be filed in the probate court, and the probate court
offices shall maintain records of all adoption proceedings within their respective counties.
(Acts 1975, No. 1205, p. 2384, §4-105.)...
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26-10A-22
Section 26-10A-22 Attorney participation and appointment of attorney for the adoptee or other
party. (a) In making adoption arrangements, potential adopting parents and birth parents may
obtain counsel to provide legal advice and assistance. (b) Upon the motion of any party, or
upon the court's own motion, before or after the filing of petition for adoption the court
may appoint a guardian ad litem for the adoptee, or for any incompetent or minor who is a
party to the proceeding or who would be a party to the proceeding. In the event of a contested
adoption, a guardian ad litem shall be appointed. The fees of a guardian ad litem shall be
assessed as court costs. (Acts 1990, No. 90-554, p. 912, §22.)...
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35-3-21
Section 35-3-21 Order for survey on motion of party - Filing; notice to show cause; continuance.
(a) Any party to such action may file a motion therein stating the reasons why such a survey
should be made and praying that the court appoint a competent surveyor or surveyors to make
such survey; and, upon presenting said motion to the judge of the court he shall enter an
order fixing a day on which the same shall be heard and directing the other parties to said
action to show cause, if any, why such survey should not be made as prayed in said motion.
(b) The notice to show cause why such survey should not be made shall be given by the service
of a copy of the order of the court, relative thereto when made by the court without application
of a party to said action, or, when based on a motion by a party to said action, then by service
of a copy of such motion and the order of the court on said motion on the party or his attorney
of record as directed by the court in its order. Such notice...
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6-6-26.04
Section 6-6-26.04 Beginning and concluding collaborative law process. (a) A collaborative law
process begins when the parties sign a collaborative law participation agreement. (b) A tribunal
may not order a party to participate in a collaborative law process over that party's objection.
(c) A collaborative law process is concluded by a: (1) resolution of a collaborative matter
as evidenced by a signed record; (2) resolution of a part of the collaborative matter, evidenced
by a signed record, in which the parties agree that the remaining parts of the matter will
not be resolved in the process; or (3) termination of the process. (d) A collaborative law
process terminates: (1) when a party gives notice to other parties in a record that the process
is ended; (2) when a party: (A) begins a proceeding related to a collaborative matter without
the agreement of all parties; or (B) in a pending proceeding related to the matter: (i) initiates
a pleading, motion, order to show cause, or request...
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6-6-283
Section 6-6-283 Demanding abstract of title to be relied on for recovery or defense; proceedings
upon failure to furnish same. In all actions or proceedings involving the title or right of
possession to land, either party may, by notice in writing to the opposing party or his attorney
of record not less than 10 days before the trial, demand an abstract in writing of the title,
or titles, on which he will rely for recovery or defense, and such party must be confined
to the proof of such title or titles upon the trial. If either party, after such demand and
notice, fails to furnish such abstract of title, the party so demanding may move the court
to require the party in default to furnish the abstract of title, and the court may enter
an order requiring the party so in default to furnish the abstract of title within the time
to be fixed by the order of the court. Upon failure to comply with such order, the court must
dismiss the action or proceeding if the plaintiff is in default or may...
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12-20-30
Section 12-20-30 Substitution of lost, etc., papers or records in civil cases - How made -
Where deed, contract, conveyance or other instrument involved. If the record of a deed, contract,
conveyance or other instrument, the record of which is by law required or authorized, is lost,
mislaid, destroyed or mutilated, the original of such deed, contract, conveyance or instrument
may be recorded again, and such record shall have relation to, and be operative from, the
day the original record was operative. If the original is lost, mislaid, destroyed or mutilated,
a copy thereof may be recorded on proof of its correctness of the record and of the loss or
destruction of the original, and the record of such copy shall have relation to, and be operative
from, the day the original record was operative. But in case of the loss or destruction of
the original, an application for the record of the copy must be made to the court or successor
of the court in which the original record was made and...
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12-19-272
Section 12-19-272 Court to award fees and costs against attorney or party who brought action
without substantial justification; voluntary dismissal. (a) Except as otherwise provided in
this article, in any civil action commenced or appealed in any court of record in this state,
the court shall award, as part of its judgment and in addition to any other costs otherwise
assessed, reasonable attorneys' fees and costs against any attorney or party, or both, who
has brought a civil action, or asserted a claim therein, or interposed a defense, that a court
determines to be without substantial justification, either in whole or part; (b) When a court
determines reasonable attorneys' fees or costs should be assessed it shall assess the payment
thereof against the offending attorneys or parties, or both, and in its discretion may allocate
among them, as it determines most just, and may assess the full amount or any portion thereof
to any offending attorney or party; (c) The court shall assess...
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15-5-65
Section 15-5-65 Disposition of proceeds. (a) Unless by other agreement of the primary law enforcement
agency and the prosecutorial entity, the proceeds from any forfeiture shall be used, first,
for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses
of seizure, maintenance of or custody, advertising, prosecution, and court costs. The remaining
proceeds from the sale or distribution shall be awarded by the court pursuant to recommendation
of the prosecutorial entity on a pro rata share to the participating law enforcement agencies,
the prosecutorial entity that pursued the action, and as payment of restitution to any victims
of the underlying offense. Any proceeds from sales authorized by this section awarded by the
court to a county or municipal law enforcement agency shall be deposited into the respective
county or municipal general fund and made available to the appropriate law enforcement agency
upon requisition of the chief law enforcement...
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26-17-621
Section 26-17-621 Admissibility of results of genetic testing; expenses. (a) Except as otherwise
provided in subsection (c), a record of a genetic-testing expert is admissible as evidence
of the truth of the facts asserted in the report unless a party objects in writing to its
admission within 14 days after its receipt by the objecting party and cites specific grounds
for exclusion. The admissibility of the report is not affected by whether the testing was
performed: (1) voluntarily or pursuant to an order of the court or the Alabama Department
of Human Resources; or (2) before or after the commencement of the proceeding. (b) A party
objecting to the results of genetic testing may call one or more genetic-testing experts to
testify in person or by another method approved by the court. Unless otherwise ordered by
the court, the party offering the testimony bears the expense for the expert testifying. (c)
Copies of bills for prenatal and postnatal health care for the mother and child...
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30-3D-316
Section 30-3D-316 Special rules of evidence and procedure. (a) The physical presence of a nonresident
party who is an individual in a tribunal of this state is not required for the establishment,
enforcement, or modification of a support order or the rendition of a judgment determining
parentage of a child. (b) An affidavit, a document substantially complying with federally
mandated forms, or a document incorporated by reference in any of them, which would not be
excluded under the hearsay rule if given in person, is admissible in evidence if given under
penalty of perjury by a party or witness residing outside this state. (c) A copy of the record
of child-support payments certified as a true copy of the original by the custodian of the
record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in
it, and is admissible to show whether payments were made. (d) Copies of bills for testing
for parentage of a child, and for prenatal and postnatal health care of...
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