12-21-248
Section 12-21-248 Conditional judgment against defaulting witnesses - Notice; when made absolute. Where a conditional judgment has been entered against a defaulting witness in a criminal case, if he does not appear before the docket then in process of being heard is completed and show a sufficient cause for his default, a notice must be issued by the clerk of the court within 30 days notifying him of the entry of such conditional judgment and that the same will be made absolute at the expiration of 30 days from the date of service of said notice unless he appears and shows sufficient excuse for his default, which notice must be served by the sheriff and return thereof made to the clerk. If he fails to appear as required or fails to show sufficient excuse for his default, to be determined by the court, the judgment must be made absolute against him. (Code 1852, §673; Code 1867, §4225; Code 1876, §4930; Code 1886, §4471; Code 1896, §5295; Code 1907, §7892; Code 1923, §5630; Code...
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12-21-182
Section 12-21-182 Proceedings upon failure of subpoenaed witness to attend and remain. (a) Any witness who, after being subpoenaed, fails to attend pursuant to the mandate of the subpoena and remain until his testimony is given or he is discharged forfeits $100.00 to the use of the party summoning him, and the attendance of such witness may be compelled by attachment. (b) A conditional judgment must, on motion of such party, be entered against such witness and a notice issued to him that such judgment will be made absolute unless he appears within 30 days from the date of the service of such notice and renders a good excuse for his default; and, if he fails to appear and render a satisfactory excuse for his default, such judgment may be made absolute or reduced, as the court may direct. (c) Witnesses failing to attend court may make their excuse by affidavit, or viva voce, in open court, which the court must hear at any time, unless engaged in the trial of a case, and, if the excuse is...
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15-13-131
Section 15-13-131 Proceeding in forfeiture of bail - Not cash - Conditional forfeitures order. (a) When a defendant fails to appear in court as required by the undertaking of bail and no sufficient excuse has been provided to the court prior to the hearing, the court shall order a conditional forfeiture and show cause order against the defendant and the sureties of the bail. The court shall notify defendant and sureties of the order as set out in this article. The defendant or sureties, or both, shall file a written response with the clerk of the court within 28 days of the date of service of the notice why the bond should not be forfeited. If a written response is filed within the time allowed and the court is of the opinion the written response is sufficient, the court shall set aside the conditional forfeiture. If the court is of the opinion the written response is not sufficient, the court shall set a hearing to determine whether the bond should be forfeited. The hearing shall not...
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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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15-13-137
Section 15-13-137 Conditional judgment set aside, reduced, or made absolute. If the defendants appear and show sufficient cause for the default to be determined by the court, the conditional judgment shall be set aside. If the excuse is not sufficient, or if the defendant or sureties fail to appear at the final forfeiture hearing, the judgment shall be made absolute for the entire sum expressed in the undertaking, or any portion thereof according to the circumstances. (Acts 1993, No. 93-677, p. 1259, §38.)...
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15-13-81
Section 15-13-81 Conditional judgment - Entry; notice to defendant; execution and return of notice; alias notices. (a) When an undertaking of bail is forfeited by the failure of the defendant to appear as required, except when money is deposited instead of bail, a conditional judgment must be entered by the court in favor of the state against the parties to the undertaking for the sum thereon expressed, which judgment may be substantially as follows: The State) vs.) A.B.) Indictment for assault and battery (or other offense, as the case may be). It appearing to the court that the said A. B. together with C. D. and E. F. agreed to pay the State of Alabama _____ dollars (the sum specified in the undertaking) unless the said A. B. appeared at the time and place mentioned and fixed in the bond or undertaking to answer in this case; and the said A. B. having failed to appear at the time and place mentioned in the bond or undertaking, it is therefore ordered that the State of Alabama recover...
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6-6-457
Section 6-6-457 Proceedings on failure to appear and answer. If the garnishee fails to appear and answer, a conditional judgment must be entered against him for the amount of the plaintiff's claim, as ascertained by his judgment, to be made absolute unless he appears within 30 days after notice of the conditional judgment issued by the clerk, to be served on him, as other process, by the sheriff. If he fails to appear within the time required by the notice served upon him or if two notices are returned "not found" by the sheriff of the county in which the garnishment was executed, the judgment must be made absolute. (Code 1852, §2545; Code 1867, §2973; Code 1876, §3298; Code 1886, §2980; Code 1896, §2195; Code 1907, §4324; Code 1923, §8075; Code 1940, T. 7, §1019.)...
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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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15-13-132
Section 15-13-132 Conditional forfeiture notice to defendant and sureties. A notice of the rendition of the judgment set forth in Section 15-13-131 shall be issued by the clerk of the court and served according to the terms as established in this article within 90 days of the court's conditional forfeiture order to the defendant and sureties. The notice may be in the following form: STATE OF ALABAMA ___ (or City of ___) Defendant vs ___ County ___ Surety Case No. ___ ___ Surety Charge: ___ Conditional Forfeiture Notice To: ___ ___ Court Defendant ___ ___ Surety You are hereby notified that your name appears as a surety on the bond in the above styled case. This case was called for trial on ___ (date) and the defendant was not present to answer. Therefore, a conditional forfeiture of ___ dollars was entered against you. You shall file a written response within 28 days after you...
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9-9-40
Section 9-9-40 Bonds - Remedies and proceedings upon default. (a) If any installment of principal and interest evidenced by any bonds issued under the provisions of this article shall not be paid at the time and in the manner when the same shall become due and payable, the same shall bear interest at the rate of eight percent per annum until paid, and if such default shall continue for a period of 60 days, the holder or holders of such bond or bonds upon which default has been made may have a right of action against said water management district wherein the court may issue a writ of mandamus against the officers of said district, including the tax collector, directing the levying of a sufficient tax as provided in this article and the collection of same in such sum as may be necessary to meet any unpaid installments of principal and interest and costs of suit and such other remedies are hereby vested in the holder or holders of such bond or bonds in default as may be authorized by...
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