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6-6-754
Section 6-6-754 Appeal from judgment of circuit court. Any party to said proceedings, whether
petitioner, defendant, or intervenor, dissatisfied with the judgment of the court, may appeal
therefrom to the supreme court in accordance with the Alabama Rules of Appellate Procedure.
(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §173.)...
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12-1-8
Section 12-1-8 Cases in which courts may issue attachments and inflict summary punishment for
contempt. The powers of the several courts in this state to issue attachments and inflict
summary punishment for contempts shall not extend to any other cases than: (1) Disrespectful,
contemptuous or insolent behavior in court, tending in any way to diminish or impair the respect
due to judicial tribunals or to interrupt the due course of trial; (2) A breach of the peace,
boisterous conduct, violent disturbance or any other act calculated to disturb or obstruct
the administration of justice, committed in the presence of the court or so near thereto as
to have that effect; (3) The misbehavior of any officer of the court in his official transactions
or the disobedience or resistance of any officer of the court, party, juror, witness or any
other person to any lawful writ, process, order, rule, decree or command thereof; (4) Deceit
or the abuse of the process of the proceedings of the court by...
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12-19-139
Section 12-19-139 Per diem and mileage for volunteer firefighters and volunteer emergency medical
service providers. (a) A volunteer firefighter or a volunteer emergency medical service provider
who is subpoenaed to appear as a witness for a deposition or court hearing in connection with
a civil matter regarding an event or transaction which he or she witnessed or investigated
in the course of his or her duties as a volunteer firefighter or a volunteer emergency medical
service provider, upon his or her discharge as a witness, immediately shall be paid by the
party requesting the subpoena the amount of seventy dollars ($70) per day, not to include
travel time, or thirty-five dollars ($35) per half-day, not to include travel time. (b) If
the volunteer firefighter or a volunteer emergency medical service provider resides at a distance
of greater than 10 miles from the place of the deposition or court hearing, he or she shall
receive the mileage rate allowed to Alabama state employees for...
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12-21-138
Section 12-21-138 Leading questions. Leading questions are generally allowed in cross-examinations
and only in these, but the court may exercise a discretion in granting the right to the party
calling the witness and in refusing it to the opposite party when, from the conduct of the
witness or other reason, justice requires it. (Code 1907, §4018; Code 1923, §7732; Code
1940, T. 7, §444.)...
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12-21-240
Section 12-21-240 Attendance of witnesses - Generally. Witnesses must be subpoenaed to attend
court on the day on which the case is set for trial in which they are subpoenaed as witnesses
and to attend from day to day until discharged by law by the court or by the party by whom
they are summoned as witnesses. Witnesses appearing on a given date may be ordered by the
court to attend court on a subsequent day fixed or named by the court. (Code 1852, §666;
Code 1867, §4218; Code 1876, §4924; Code 1886, §4461; Code 1896, §5285; Code 1907, §7882;
Code 1923, §5620; Acts 1931, No. 575, p. 668; Code 1940, T. 15, §295.)...
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12-21-247
Section 12-21-247 Conditional judgment against defaulting witnesses - Entry. Any witness who
is duly summoned in a criminal case and who fails to appear as commanded shall forfeit $100.00
to the party at whose instance he was summoned, for which a conditional judgment must be entered
against him. (Code 1852, §672; Code 1867, §4224; Code 1876, §4929; Code 1886, §4470; Code
1896, §5294; Code 1907, §7891; Code 1923, §5629; Code 1940, T. 15, §302.)...
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45-21-233
Section 45-21-233 Methods of service. (a) In the service of summons and complaints or subpoenas
requiring the attendance of witnesses in any civil, criminal, equity, or other case or proceeding
in either the small claims court, district court, or Circuit Court of Crenshaw County, whether
civil, criminal or juvenile, or before the grand jury, may, in addition to any other mode
of service provided by law or rule, be served by the sheriff or constable personally or by
leaving a copy thereof at the place of residence of the witness, or the sheriff may serve
the same by placing a copy thereof in the United States mail, certified, return receipt requested,
enclosing the subpoena in an envelope properly stamped and addressed to the person or witness
to be served. Upon service by the sheriff upon any witness or person by anyone of the foregoing
methods, provided in this section, the sheriff shall immediately mark the process executed.
If the subpoena so mailed is not delivered to the address...
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45-4-233
Section 45-4-233 Work Release board; powers and duties; work release fund; escape of inmates
from custody. In Bibb County, the sheriff shall execute every order from every court in Bibb
County to subpoena witnesses as provided in Section 12-21-180, or the service may be made
by first class mail as follows: It shall be the duty of the sheriff of the county to enclose
the subpoenas in an envelope addressed to the person to be served and place all necessary
postage and a return address thereon. In the event the witness subpoena is returned to the
sheriff by the post office department of the United States without delivery, the subpoena
shall be by the sheriff returned NOT FOUND. All witness subpoenas not returned to the sheriff
by the post office department shall be considered for all purposes as sufficient personal
and legal service. It is specifically provided, however, that, if the party calling a witness
expressly requests in writing that the subpoena be delivered to such witness...
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12-21-302
Section 12-21-302 Request for hearing to show cause why subpoena should be issued for cross-examination.
(a) The party against whom the certificate is offered may request, not later than 30 days
prior to the commencement of the hearing or trial, a hearing to show cause why a subpoena
should be issued for cross-examination of the person who performed the examination or analysis.
(b) The request shall be in writing and shall contain a certification that the requesting
party intends in good faith to conduct the cross-examination. The request shall also include
a statement of the basis upon which the requesting party intends to challenge the findings
contained in the certificate of analysis. The court shall grant the request for subpoena only
for good cause shown. Good cause shall not include a challenge to the findings contained in
the certificate of analysis, unless the requesting party first establishes a legitimate basis
for the challenge. If the request for subpoena is granted, and...
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12-22-21
Section 12-22-21 Other orders, judgments, or decrees. Appeal from the order, judgment or decree
of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court
in the cases hereinafter specified. Appeals to the Supreme Court shall be governed by the
Alabama Rules of Appellate Procedure, including the time for taking an appeal. Appeal to the
circuit court in such cases shall be within the time hereinafter specified: (1) From the decree,
judgment or order on a contest as to the validity of a will, to be taken within 42 days after
the determination of the contest; (2) From the decree, judgment or order on an application
claiming the right to execute a will or administer an estate, to be taken within 42 days after
the hearing and decision of such application, unless the application was denied because the
applicant was deemed unfit to serve by reason of a conviction of an infamous crime or by reason
of improvidence, intemperance or want of understanding, in...
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