36-11-10
Section 36-11-10 Proceedings in Supreme Court - Summoning and examination of witnesses generally;
appointment and duties of examiners; conduct of trial. In all original proceedings commenced
under this chapter in the Supreme Court, either party shall have compulsory process to compel
the attendance of witnesses, to be issued by the clerk of the court and served by the marshal
of the court or by any sheriff of the state. Such witnesses shall be sworn and examined on
the trial in open court. The examination of such witnesses shall be conducted and defaulting
witnesses shall be subject to similar proceedings and penalties as in criminal cases in the
circuit court; but, on the written consent of the defendant, the court or a justice thereof,
in term time or vacation, may appoint one or more examiners, whose duty it shall be, jointly
or severally, as may be directed in the order of appointment, to take and certify by such
day as may be fixed in the order of appointment the evidence against...
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12-21-183
Section 12-21-183 Execution of warrants for witnesses and other process in adjoining counties.
The sheriff, his deputy or any person specially deputed by a court of record may execute all
warrants of arrest, attachments, subpoenas, etc., for witnesses or any other process issued
by a court of record, during trial or within three days before trial, in any adjoining county.
The sheriff, the deputy sheriff or person specially deputed may act upon a copy of such warrant,
attachment or subpoena, given him over a telephone, by telegraph or by radio by the sheriff
or clerk of the court. (Code 1907, §4023; Code 1923, §7737; Code 1940, T. 7, §450.)...

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15-14-30
Section 15-14-30 Demand for jury in misdemeanor cases in circuit court. In all misdemeanor
cases in the circuit court, the issues and questions of fact shall be tried by the judge of
the court without the intervention of a jury except in cases where a trial by jury is demanded
in writing by the defendant. Such written demand shall be filed in the case with the clerk
of the court on or before the first sounding of the case if the case is sounded within 30
days after the defendant has been arrested or taken into custody after the finding of the
indictment or, within 30 days after the defendant has appealed if the case is brought to the
circuit court by appeal; and, if such case is not sounded within 30 days after the defendant
has appealed, been arrested or been taken into custody after the finding of the indictment,
then such written demand must be filed with the clerk within 30 days after the defendant has
appealed, or been arrested or taken into custody after the finding of the...
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15-13-126
Section 15-13-126 Return of bondsman's process. (a) All bondsman's processes, when executed
by sureties or other lawful authorized persons, shall be returned by the sheriff, chief of
police, or other authorized law enforcement officer to the clerk of the court from which they
were issued once the defendant is returned to the custody of the court of jurisdiction with
the proper return thereon endorsed. (b) If the bondsman's process is executed, the return
shall be made within five days after service. (c) When any writ of arrest or other warrant
issued by the clerk of the court, in the same case as a bondsman's process, to any law enforcement
officer and the warrant has been executed and returned to the clerk of the court, the clerk
shall notify the surety which obtained the bondsman's process, and if the bondsman's process
has not been executed at the time of the notice, then the surety shall return the process
to the clerk of the court within five days and the surety shall endorse...
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15-18-86
Section 15-18-86 Procedure when condemned female believed pregnant. (a) If there is reason
to believe that a female convict is pregnant, the sheriff must, with the concurrence of a
judge of the circuit court, summon a jury of six disinterested persons, as many of whom must
be physicians as practicable. The sheriff must also give notice to the district attorney or,
in his absence, to any attorney who may be appointed by a circuit judge to represent the state
and who has authority to issue subpoenas for witnesses. (b) The jury, under the direction
of the sheriff or officer acting in his place, must proceed to ascertain the fact of pregnancy
and must state their conclusion in writing, signed by them and the sheriff. If such jury is
of opinion, and so find, that the convict is with child, the sheriff or officer acting in
his place must suspend the execution of the sentence and transmit the finding of the jury
to the Governor. (c) Whenever the Governor is satisfied that such convict is no...
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36-11-14
Section 36-11-14 Proceedings in circuit court - When case stands for trial; conduct of trial
generally; right to jury trial. When the information is filed in the circuit court, if the
summons is served 20 days before the day specified in the order, such case shall stand for
trial on that day; and, if the summons is served less than 20 days before the day specified
in the order, then the court shall on the day specified in the order make an order setting
another day on which the defendant shall answer the information and the case stand for trial.
The case shall have precedence and priority over all other business in such court and, shall
be proceeded with in all respects as civil actions are conducted, with the right to either
party to except to the rulings of the court and to reserve such exceptions as in civil actions.
The defendant shall be entitled to a trial by jury on any issue of fact, whenever he demands
the same. (Code 1876, §4057; Code 1886, §4829; Code 1896, §4875; Code...
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6-6-431
Section 6-6-431 Bond in double amount; dissolution of garnishment and discharge of all garnishees;
judgment against obligors. (a) The defendant may, instead of the bond mentioned in Section
6-6-430, give bond in double the amount of the plaintiff's demand, payable to the plaintiff,
with sufficient surety, to be approved by the judge or clerk and conditioned to pay such judgment
as may be entered or ascertained to exist in favor of the plaintiff and against the defendant
in the case and costs of the action. Thereupon, the garnishment is dissolved and the garnishee
discharged and need not answer; and, upon the trial of the case, if judgment is entered or
ascertained to exist in favor of the plaintiff against the defendant, the court must also
enter judgment against the obligors in the bond for the amount of such judgment, interest
thereon and costs of the action. (b) The giving of the bond authorized in this section operates
to discharge all garnishees in the case, whether one or more....
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12-21-8
Section 12-21-8 Destruction of exhibits offered and received in evidence. The registers and
clerks of the circuit courts of this state are authorized to and may destroy all exhibits
offered and received in evidence in civil cases on or after the expiration of one year from
the final disposition of such cases; provided, however, that such destruction shall not be
accomplished until it has been approved by the presiding judge of the circuit; provided further,
that prior to destruction of the exhibits, the clerk shall notify the party who offered the
same into evidence that said exhibits may be obtained within 30 days from the clerk if the
offering party so desires. The authority given by this section shall authorize the destruction
of such items as certified copies of hospital records subpoenaed by the parties, depositions
of parties and witnesses, subpoenas for witnesses, paper exhibits, bulky exhibit items or
such other similar items of evidence; provided, however, that such...
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6-6-163
Section 6-6-163 Forfeiture of claimant's bond; execution for amount of judgment, damages, and
costs. If judgment is entered against the claimant and he fails to deliver the property to
the officer making the levy and pay the costs of the trial of the right of property within
30 days, such officer must endorse the bond forfeited; and thereupon, if the property was
levied on under execution or, if levied on under attachment, after judgment in favor of the
plaintiff against the defendant in attachment, the clerk must issue execution against the
obligors on the bond for the amount of the plaintiff's judgment, for the damages, if any were
assessed, and the costs of the amount of such assessed value, if that is not greater than
the amount of the judgment and for the damages, if any were assessed, and the costs of the
trial of the right of property. And in the event the claimant delivers the property, but fails
to pay damages and costs within 30 days, execution must issue for such damages and...
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9-16-10
Section 9-16-10 Enforcement of provisions of article - Written notices of violations; hearings;
entry of orders by director; appeals from orders of director. (a) Whenever the director determines
that any operator has not complied with the provisions of this article and is therefore in
violation of this article, the director may cause to have issued and served upon the person
alleged to be committing such violation a written notice which shall specify the provision
of this article which such operator allegedly is violating and a statement of the manner in
and the extent to which said operator is alleged to violate this article and shall require
the person so complained against to answer the charges of such formal complaint at a hearing
before the director at a time not less than 30 days after the date of notice. The director
shall issue subpoenas at the instance of the department and at the request of the charged
operator, requiring the attendance of witnesses and the production of such...
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