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12-16-87
Section 12-16-87 Summoning of persons for jury by sheriff, etc., with intent to produce result
favorable to party in action before court. Any sheriff or other officer having a discretion
in summoning jurors who summons any person with intent to produce a result favorable to any
party having a case in the court in which such person is summoned shall, on conviction, be
imprisoned in the penitentiary for not less than two nor more than five years. (Code 1852,
§25; Code 1867, §3565; Code 1876, §4121; Code 1886, §3924; Code 1896, §5101; Code 1907,
§7468; Code 1923, §5060; Code 1940, T. 30, §34.)...
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34-3-23
Section 34-3-23 Authority of attorneys in case - Proof. The court or judge may, on motion of
either party and on being shown reasonable grounds therefor, require the attorney for the
adverse party, or for one of the several adverse parties, to produce or prove the authority
under which he or she appears and, until he or she does so, may stay all proceedings by him
or her on behalf of the party for whom he or she assumes to appear; but the oath of the attorney
is presumptive evidence of his or her authority. (Code 1852, §746; Code 1867, §880; Code
1876, §798; Code 1886, §868; Code 1896, §594; Code 1907, §2990; Code 1923, §6255; Code
1940, T. 46, §48.)...
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12-16-89
Section 12-16-89 Negligent failure of sheriff or deputy to summon juror. If the sheriff or
any deputy shall negligently fail to summon any person to serve as a juror whom he is commanded
to summon, he shall be held and deemed guilty of a contempt of court and shall be fined not
more than $100.00 in every case where the person is not so served, and he may also be imprisoned
in the county jail for not more than five days. The return of any such person as "not
found" shall be prima facie evidence of negligence on the part of the sheriff or deputy
making the return, and he shall be punished by the court unless the court is reasonably satisfied
from evidence produced that he was not negligent. (Acts 1909, No. 227, p. 305; Code 1923,
§§8620, 8621; Code 1940, T. 30, §§36, 37.)...
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37-1-104
Section 37-1-104 Power of circuit court to compel compliance with commission orders, etc. In
case of failure or refusal on the part of any person to comply with any valid order of the
commission or of any commissioner, or any subpoena, or on the refusal of any witness to testify
or answer as to any matter regarding which he may be lawfully interrogated, any circuit court
in this state, or any judge thereof, on application of a commissioner, may issue an attachment
for such person and compel him to comply with such order, or to attend before the commission
and produce such documents and give his testimony upon such matters as may be lawfully required,
and the court or judge shall have power to punish for contempt as in cases of disobedience
of a like order or subpoena issued by or from such court, or a refusal to testify therein.
(Acts 1920, No. 37, p. 38; Code 1923, §9801; Code 1940, T. 48, §78.)...
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41-5A-14
Section 41-5A-14 Subpoenas. (a) The chief examiner may issue subpoenas to compel the attendance
of witnesses and production of papers necessary as evidence in connection with a dispute,
claim, examination, audit, or the administration of this chapter. (b) In case a person refuses
to comply with a subpoena, the chief examiner may invoke the aid of any circuit court with
jurisdiction in order that the testimony or evidence be produced. Upon proper showing, the
court shall issue a subpoena or order requiring the person to appear before the chief examiner
or his or her representative and produce all evidence and give all testimony relating to the
matter at issue. (c) A person failing to comply with an order may be punished by the court
for contempt. (Act 2018-129, §1.)...
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8-19A-16
Section 8-19A-16 Enforcement procedures. (a) If, by his or her own inquiries or as a result
of complaints, the enforcing authority has reason to believe that a person has engaged in,
or is engaging in a practice that violates this chapter, he or she may administer oaths and
affirmations, subpoena witnesses or matter, and collect evidence. Within 10 days after the
service of a subpoena or at any time before the return date specified therein, whichever is
longer, the party served may file in the circuit court in the county in which he or she resides
or in which he or she transacts business and serve upon the enforcing authority a petition
for an order modifying or setting aside the subpoena. The petitioner may raise any objection
or privilege which would be available under this chapter or upon service of the subpoena in
a civil action. The subpoena shall inform the party served of his or her rights under this
subsection. (b) If matter that the enforcing authority seeks to obtain by...
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12-21-184
Section 12-21-184 Securing attendance of witnesses until case disposed of. In all civil cases
where the case is not decided at the first session, witnesses who have been served with subpoenas
must not again be summoned by the clerk for further attendance, unless otherwise directed
by the party originally summoning them, but such witnesses are bound to attend from session
to session until the case is disposed of. If a judgment is entered in the case which is reversed
on appeal, new subpoenas must be issued when the case is reset for trial; provided, however,
that in the circuit court of counties having a population of 400,000 or more, according to
the last or any subsequent federal census, the clerk of the said court must subpoena witnesses
to attend court at each regular setting of a case after said witnesses have once been ordered
summoned by the party, unless otherwise directed by said party originally summoning them.
(Code 1852, §2306; Code 1867, §2708; Code 1876, §3063; Code...
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43-8-54
Section 43-8-54 Controversy as to advancements - Consequence of failure to answer. In case
any distributee or heir, or the legal representatives of heirs at law of any distributee or
heir alleged to have received an advancement, and on whom a citation has been personally served
as above provided, fail or neglect to return a report, as required, or fail to answer such
application, denying that he has received any advancement, such failure or neglect to report
or answer shall be considered by the probate court as prima facie evidence that such person
has received his full proportionate part of such estate. In case any nonresident against whom
publication has been made fails or neglects to return a report as required, or to answer such
application, denying that he has received any advancement, the court may proceed to take evidence
ex parte as to the matters alleged in such application. (Code 1867, §1908; Code 1876, §2272;
Code 1886, §1935; Code 1896, §1473; Code 1907, §3777; Code...
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13A-6-161
Section 13A-6-161 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Before the Attorney General
commences any action under this article, the Attorney General may issue subpoenas to any person
to appear and produce relevant papers, documents, and physical evidence, and administer an
oath or affirmation to any person, in aid of any investigation or inquiry into possible violations
of this article. The subpoenas shall be served in accordance with the appropriate Alabama
Rules of Civil Procedure. Upon failure of a person without lawful excuse to obey such subpoena,
the Attorney General may apply to a court of competent jurisdiction for an order compelling
compliance. After an action is commenced, discovery may proceed in accordance with the Alabama
Rules of Civil Procedure. (Act 2018-506, §4.)...
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8-19-9
Section 8-19-9 Discovery of information. Before any action is commenced, the Attorney General
or the district attorneys may issue subpoenas to any person to appear and produce relevant
papers, documents, and physical evidence, and administer an oath or affirmation to any person,
in aid of any investigation or inquiry into possible violations of this chapter. Such subpoenas
shall be served in accordance with the appropriate Alabama Rules of Civil Procedure. Upon
failure of a person without lawful excuse to obey such subpoena, the Attorney General or district
attorney may apply to a court of competent jurisdiction for an order compelling compliance.
After an action is commenced, discovery may proceed in accordance with the Alabama Rules of
Civil Procedure. (Acts 1981, No. 81-355, p. 510, §9.)...
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