24-8-11
Section 24-8-11 Procedures for investigation; subpoenas. (a) In conducting an investigation,
the office shall have access at all reasonable times to premises, records, documents, individuals,
and other evidence or possible sources of evidence and may examine, record, and copy the materials
and take and record the testimony or statements of persons as are reasonably necessary for
the furtherance of the investigation, provided the office first complies with the constitutional
provisions relating to unreasonable searches and seizures. The office may issue subpoenas
to compel its access to or the production of the materials or the appearance of the persons
and may issue interrogatories to a respondent, to the same extent and subject to the same
limitations as would apply if the subpoenas or interrogatories were issued or served in aid
of a civil action in court. The office may administer oaths. Any examination, recording, copying
of materials, and the taking and recording of testimony or...
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28-4-276
Section 28-4-276 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Authorization and procedure generally. Any party may appeal within 14
days from the date of final judgment or denial of a post-trial motion, whichever is later,
any judgment entered under the provisions of this article in any district court, such appeal
to be taken in behalf of the state to the circuit court by the district attorney by filing
a notice of appeal with the judge of the district court. (Acts 1909, No. 191, p. 63; Acts
1915, No. 2, p. 8; Code 1923, §4762; Code 1940, T. 29, §231.)...
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31-2A-46
Section 31-2A-46 (Article 46.) Opportunity to obtain witnesses and other evidence; subpoena.
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity
to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process
issued in court-martial cases to compel witnesses to appear and testify and to compel the
production of other evidence shall apply the principles of law and the rules of courts-martial
generally recognized in military criminal cases in the courts of the Armed Forces of the United
States, but which may not be contrary to or inconsistent with this code. Process shall run
to any part of the United States, or the territories, commonwealths, and possessions, and
may be executed by civil officers as prescribed by the laws of the place where the witness
or evidence is located or outside of the United States. A court-martial convened under this
code may subpoena and compel the presence of witnesses and the production...
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37-1-153
Section 37-1-153 Right to appeal. Either party may appeal to the supreme court from the judgment
of the trial court in such proceedings, such appeal to be taken within 30 days from the entry
of such judgment. (Code 1907, §5709; Acts 1909, No. 26, p. 35; Code 1923, §9701; Code 1940,
T. 48, §97.)...
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43-8-198
Section 43-8-198 Transfer of contest to circuit court; appeal from judgment of circuit court;
certification of judgment, etc., to probate court. Upon the demand of any party to the contest,
made in writing at the time of filing the initial pleading, the probate court, or the judge
thereof, must enter an order transferring the contest to the circuit court of the county in
which the contest is made, and must certify all papers and documents pertaining to the contest
to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit
court and a special session of said court may be called for the trial of said contest or,
said contest may be tried by said circuit court at any special or regular session of said
court. The issues must be made up in the circuit court as if the trial were to be had in the
probate court, and the trial had in all other respects as trials in other civil cases in the
circuit court. An appeal to the supreme court may be taken from the...
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45-40-236
Section 45-40-236 Methods of service. (a) In the courts of Lawrence County a subpoena requiring
the attendance of a witness in any civil, criminal, or other case or proceeding, or before
the grand jury, may be served by the sheriff personally or by leaving a copy thereof at the
place of residence of the witness or in the discretion of the sheriff, the sheriff may serve
the same by placing a copy thereof in the United States mail, 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 any one of the foregoing methods, the sheriff
shall immediately mark the process executed in the manner so served. If the subpoena so mailed
is not delivered to the addressee, but is returned to the sheriff by the United States Post
Office Department, then the sheriff shall immediately make a diligent effort to serve the
subpoena either personally or by leaving a copy thereof at the place of...
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45-48-234
Section 45-48-234 Methods of service. (a) In the courts of Marshall County subpoenas requiring
the attendance of witnesses in any civil, criminal, or other case or proceeding, or before
the grand jury, may be served by the sheriff personally or by leaving a copy thereof at the
place of residence of the witness or in the discretion of the sheriff, the sheriff may serve
the same by placing a copy thereof in the United States mail, 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 any one of the foregoing methods, the sheriff
shall immediately mark the process executed in the manner so served. If the subpoena so mailed
is not delivered to the addressee but is returned to the sheriff by the United States Post
Office department, then the sheriff shall immediately make a diligent effort to serve the
subpoena either personally or by leaving a copy thereof at the place of...
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6-6-543
Section 6-6-543 Trial by jury or determination by court; entry and effect of judgment. Upon
the application of either party in a proceeding under Section 6-6-540, a trial by jury shall
be directed to determine the issues or any specified issue of fact presented by the pleadings,
and the court is bound by the result, but may, for sufficient reasons, order a new trial thereof;
and when a trial by jury is not requested, or as to the facts for which the same is not requested,
the court shall consider and determine any title, claim, interest, or encumbrance. The court
shall, upon the finding of the jury or upon such consideration and determination, finally
adjudge whether the defendant has any right, title, or interest in, or encumbrance upon, such
lands, or any part thereof, what such right, title, interest, or encumbrance is and in or
upon what part of the lands the same exists; and such judgment is binding and conclusive upon
all the parties to the action. (Code 1896, §812; Code 1907,...
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11-52-81
Section 11-52-81 Board of adjustment - Appeals to circuit court from final decision of board
of adjustment. Any party aggrieved by any final judgment or decision of such board of zoning
adjustment may within 15 days thereafter appeal therefrom to the circuit court by filing with
such board a written notice of appeal specifying the judgment or decision from which the appeal
is taken. In case of such appeal such board shall cause a transcript of the proceedings in
the action to be certified to the court to which the appeal is taken, and the action in such
court shall be tried de novo. (Acts 1935, No. 533, p. 1121; Code 1940, T. 37, §783.)...
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12-19-132
Section 12-19-132 Issuance to witness of certificate of sum entitled to for attendance, etc.;
proof of attendance by witness. (a) After the trial, continuance of the cause or discharge
of the witness, the clerk must, on his application and upon his oath, give the witness a certificate
setting forth the cause in which he was a witness, the party by whom he was summoned or on
whose request he attended, the number of day he attended as a witness and the sum to which
he is entitled for his attendance, travel, ferriage and tolls, which he must also enter, either
upon the subpoena docket or book to be kept for that purpose. (b) The witness must prove his
attendance within five days after his attendance as such witness. (Code 1852, §§2380, 2381;
Code 1867, §§2784, 2785; Code 1876, §§3133, 3134; Code 1886, §§2842, 2843; Code 1896,
§§1337, 1338; Code 1907, §§3674, 3675; Code 1923, §§7234, 7235; Code 1940, T. 11, §§45,
46.)...
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