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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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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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12-2-37
Section 12-2-37 Forfeiture by judge failing to order or attend special session of court, etc.
For any failure of a judge to order such special session of court or to attend any such court
after having called the same or, having been notified by the Chief Justice, to attend and
to perform any of the duties required of him by Sections 12-2-33, 12-2-35 and 12-2-36 without
a lawful excuse, either being sick himself or having sickness in his family or being engaged
in holding court elsewhere or being lawfully absent from the state, he shall forfeit $100.00
to the state, to be recovered in the circuit court of Montgomery County, on motion of the
Attorney General, in the name of the state on 10 days' notice. (Acts 1915, No. 521, p. 592;
Code 1923, §10302; Code 1940, T. 13, §44.)...
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25-9-22
Section 25-9-22 Witnesses at proceedings under chapter generally. (a) The chief has the authority
to administer oaths and to issue subpoenas requiring the attendance of witnesses to testify
under oath in any proceeding and to require witnesses to answer all questions propounded to
them. The sheriff or constable in the county in which such witnesses may reside or be found
shall execute subpoenas issued as above provided, and they shall each receive for their services
in executing such subpoenas the same fees as are allowed them respectively for executing subpoenas
in other cases. Any witnesses summoned as above mentioned shall be entitled to the same mileage
and per diem as is now allowed by law to such witnesses attending trials in the circuit court.
(b) If any witness subpoenaed as above mentioned shall fail to attend without good excuse,
in accordance with the subpoena served on him, or shall fail to testify when attending, the
chief before whom said proceedings are being had shall...
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17-16-70
Section 17-16-70 Commission has power to punish for contempt. If any witness, being summoned,
fails to attend, or being summoned with a subpoena duces tecum, fails and refuses to produce
the paper or document required to be produced by the subpoena, the commission shall have the
right and authority to punish the witness for contempt by a fine not exceeding five hundred
dollars ($500), or by imprisonment in any county jail in the state for a period not to exceed
30 days, one or both, and in case any witness shall fail to appear or produce any book or
document before any judge, clerk of court, or other person having a warrant from the commission,
the judge, clerk of court, or other person, must certify the fact to the commission, which
may thereupon punish such witness for contempt, as provided in this section. (Code 1896, §1679;
Code 1907, §485; Code 1923, §575; Code 1940, T. 17, §261; §17-15-57; amended and renumbered
by Act 2006-570, p. 1331, §83.)...
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12-21-180
Section 12-21-180 Subpoenas for witnesses. (a) At the request of any party to a pending case,
or the attorney of a party, the clerk of the court must issue subpoenas for witnesses, whose
addresses shall be given by the person requesting the subpoena, specifying therein the time
and place for their appearance, the title of the case and the party at whose instance they
are summoned and commanding them to appear in conformity therewith and give testimony. (b)
No subpoena shall issue for a witness residing more than 100 miles from the place of trial,
computed by the route usually traveled, unless the person requesting the subpoena makes affidavit
that the personal attendance of the witness is necessary to a proper decision of the case
and that the deposition of the witness would be insufficient for that purpose, and the fact
that such affidavit has been made must be endorsed by the clerk upon the subpoena. (c) A subpoena
issued under this section shall be directed "To any sheriff of the...
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15-13-82
Section 15-13-82 Conditional judgment - When set aside or made absolute; when excuses for default
heard. (a) If the defendants appear and show sufficient cause for their default on bail, to
be determined by the court, the conditional judgment must be set aside; but, if the excuse
is not sufficient or if they fail to appear, such judgment must be made absolute for the entire
sum expressed in the undertaking, or any portion thereof, according to the circumstances.
(b) Excuses for default on bail must be heard by the court on application at any time when
not engaged in other business. When a conditional judgment is set aside, no cost must be imposed
on the defendants; provided, however, that this section has no application where money is
deposited instead of bail. (Code 1852, §§707, 708; Code 1867, §§4258, 4259; Code 1876,
§§4867, 4868; Code 1886, §§4436, 4437; Code 1896, §§4379, 4380; Code 1907, §§6359,
6360; Code 1923, §§3392, 3393; Code 1940, T. 15, §§217, 218; Acts...
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43-8-193
Section 43-8-193 Proceedings against defaulting witness. If any witness, being duly summoned,
fails to attend, the judge of probate shall enter up a conditional fine against him, not exceeding
$50.00, and shall thereupon issue a notice to such witness to appear at a term of said court,
not more than 30 days from the date of such notice and show cause why such fine should not
be made absolute. The proceedings thereafter shall be governed by the same rules, and such
witness shall be subject to the same liabilities, except as to the amount of the fine, as
are provided by law in cases of defaulting witnesses in the circuit court. (Code 1852, §1642;
Code 1867, §1961; Code 1876, §2325; Code 1886, §1993; Code 1896, §4291; Code 1907, §6200;
Code 1923, §10629; Code 1940, T. 61, §56; Code 1975, §43-1-73.)...
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12-16-213
Section 12-16-213 Refusal of witness to testify before grand jury as to gaming or lottery.
Any person who is summoned as a witness before the grand jury to answer as to any gaming or
lottery within his knowledge and who fails or refuses to attend and testify in obedience to
such summons without a good excuse, to be determined by the court, is guilty of a contempt
and also a misdemeanor and, on conviction for such misdemeanor, shall be fined not less than
$20.00 nor more than $300.00 and may also be imprisoned in the county jail or sentenced to
hard labor for the county for not more than three months. (Code 1852, §38; Code 1867, §3579;
Code 1876, §4136; Code 1886, §4066; Code 1896, §4806; Code 1907, §995; Code 1923, §4245;
Code 1940, T. 14, §273; Code 1975, §13-7-30.)...
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12-19-131
Section 12-19-131 Attendance and mileage fees generally; limitations in same case and when
attending more than one case. (a) Witnesses shall be allowed $1.50 per day in civil cases;
also, $.05 per mile for each mile to and from their residence by the usual traveled route
and all necessary ferriage, tolls of turnpikes and toll bridges, whether attending under subpoena
or at the request of the party. (b) A witness shall charge for his mileage and attendance
but on one side of the same case, and a witness attending in more cases than one at the same
time shall only be entitled to a fee in one case, to be selected by him while so attending;
but if, after the case in which he elects to claim his fees is disposed of, his attendance
is required in the other case or cases, he shall for such attendance be entitled to claim
his per diem in such other case or, if more than one, in the one which he may elect to claim
his fees, and so on, until all the cases in which he is required to attend are...
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