12-20-28
Section 12-20-28 Substitution of lost, etc., papers or records in civil cases - How made -
In pending action or proceeding. If the action or proceeding in which the substitution of
a lost, mislaid, destroyed or mutilated original paper is proposed is pending and undetermined,
the substitution must be made on notice of not less than one day to the adverse party or his
attorney of record, if he has such an attorney, accompanied with a copy of the paper offered
in substitution; but, if such adverse party or his attorney of record does not reside in the
county, notice may be given by the filing of the paper and the entry of a motion to substitute,
or the filing of such motion, for one day prior to the making thereof. On the hearing of such
motion, affidavits and counter affidavits may be received as to the correctness of the proposed
substitute. (Code 1886, §657; Code 1896, §2648; Code 1907, §5740; Code 1923, §10133; Code
1940, T. 7, §9.)...
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12-20-29
Section 12-20-29 Substitution of lost, etc., papers or records in civil cases - How made -
After determination of action or proceeding. If, after the determination of any civil action
or proceeding, the original papers, or any part thereof pertaining thereto, which are not
of record are lost, mislaid, destroyed or mutilated, if the record of such papers with such
papers should be lost, mislaid, destroyed or mutilated or if the record of any judgment or
decree of any judicial proceeding or quasi-judicial proceeding, or any part thereof, should
be lost, mislaid, destroyed or mutilated, any party in interest may, on application in writing,
stating the facts, accompanied with the substitute proposed of such lost, mislaid, destroyed
or mutilated paper or record, verified by affidavit, obtain an order of substitution. If the
adverse party is of full age, of sound mind and a resident of the state, notice of the application
and a copy thereof, accompanied with a copy of the proposed...
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24-9-8
Section 24-9-8 Quiet title and foreclosure action. (a) The authority may initiate a quiet title
action under this section to quiet title to real property held by the authority or interests
in tax delinquent property held by the authority by recording with the office of the judge
of probate in the county in which the property subject to quiet title action is located a
notice of pending quiet title action. The notice shall include the name of the taxpayer whose
interest was affected by the tax sale; the name of any other party as revealed by a search
and examination of the title to the property who may claim an interest in the property; a
legal description of the property; the street address of the property if available; the name,
address, and telephone number of the authority; a statement that the property is subject to
the quiet title proceedings under Act 2013-249; and a statement that any legal interests in
the property may be extinguished by a circuit court order vesting title to...
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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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34-1-14
Section 34-1-14 Hearings; judicial review. (a) Commencement of proceeding. The board may initiate
proceedings under this chapter either on its own motion or on the complaint of any person.
(b) Notice; service and contents. A written notice stating the nature of the charge or charges
against the accused and the time and place of the hearing before the board on such charges
shall be served on the accused not less than 30 days prior to the date of said hearing either
personally or by mailing a copy thereof by registered or certified mail to the address of
the accused last known to the board. (c) Failure to appear. If, after having been served with
the notice of hearing as provided for herein, the accused fails to appear at said hearing
and defend, the board may proceed to hear evidence against him or her and may enter such order
as shall be justified by the evidence, which order shall be final unless he or she petitions
for a review thereof as provided herein; provided, that within 30...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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12-21-3
Section 12-21-3 Compelling books, etc., to be produced; parol in lieu thereof. The court may,
upon affidavit of their necessity and materiality, upon motion, compel, by order, either party
to produce, at or before the trial, any book, paper or document in his possession or power.
The order may be made upon the application of either party, upon reasonable notice to the
adverse party or his attorney. If not produced, parol evidence may be given of its contents.
(Code 1923, §7712; Code 1940, T. 7, §426.)...
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12-1-12
Section 12-1-12 Grounds for disqualification of judges from trial of cases generally. No judge
of any court shall sit in any case or proceeding in which he is interested or related to any
party within the fourth degree of consanguinity or affinity or in which he has been of counsel
or in which is called in question the validity of any judgment or judicial proceeding in which
he was of counsel or the validity or construction of any instrument or paper prepared or signed
by him as counsel or attorney, without the consent of the parties entered of record or put
in writing if the court is not of record. (Code 1876, §540; Code 1886, §647; Code 1896,
§2637; Code 1907, §4626; Code 1923, §8570; Code 1940, T. 13, §6.)...
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41-22-16
Section 41-22-16 Form and content of final order; when final order to be rendered; service
of notice and copies of final order. (a) The final order in a proceeding which affects substantial
interests shall be in writing and made a part of the record and include findings of fact and
conclusions of law separately stated, and it shall be rendered within 30 days: (1) After the
hearing is concluded, if conducted by the agency; (2) After a recommended order, or findings
and conclusions are submitted to the agency and mailed to all parties, if the hearing is conducted
by a hearing officer; or (3) After the agency has received the written and oral material it
has authorized to be submitted, if there has been no hearing. The 30 day period may be waived
or extended with the consent of all parties and may be extended by law with reference to specific
agencies. (b) Findings of fact, if set forth in a manner which is no more than mere tracking
of the statutory language, shall be accompanied by a...
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34-24-174
Section 34-24-174 Form and content of final order. (a) The final order in a proceeding shall
be in writing and made a part of the record and include findings of fact and conclusions of
law separately stated, and it shall be rendered within 45 days: (1) After the hearing is concluded,
if conducted by the board; (2) After the board accepts any proposed findings of fact and conclusions
of law or proposed final order from any party in a disciplinary hearing; (3) After a recommended
order, or findings and conclusion are submitted to the board and mailed to all parties, if
the hearing is conducted by a hearing officer; or (4) The 45-day period may be waived or extended
with the consent of all parties. (b) Findings of fact, if set forth in a manner which is no
more than mere tracking of the statutory language, shall be accompanied by a statement of
the underlying facts of record which support the findings. (c) If the board finds that an
immediate danger to the public health, safety, or...
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