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15-15-4
Section 15-15-4 Forms of pleas, replications, rejoinders and demurrers. The following forms
of pleas, replications, rejoinders and demurrers are sufficient in all cases in which they
are applicable, but they are not exclusive, and any other form sufficient at common law, under
the statutes or any analogous or kindred pleadings, where no form is provided in this Code,
may be used: (1) CAPTION. - The following caption may be used as a part of each of the following
forms: The State of Alabama, v. In _____ court, ____County. A.B. (2) GENERAL FORM OF PLEA.
- Comes the defendant (in his own proper person, or by attorney) and for plea says: The state
ought not further to prosecute this indictment against him because _____ (stating matter constituting
the plea). And this the defendant is ready to verify and prays judgment that he be discharged
(or it may conclude, "and of this he puts himself upon the country," whenever appropriate).
___, defendant or attorney for defendant. (3)...
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6-5-154
Section 6-5-154 Violations constituting contempt; proceedings thereon. (a) In case of the violation
of any injunction or closing order granted under the provisions of this division or of any
restraining order or the commission of any contempt of court in proceedings under this division,
the court or the judge thereof may try and punish the offender. The proceedings shall be commenced
by filing with the register or clerk of the court a complaint under oath setting out and alleging
facts constituting such violation, upon which the court or judge shall cause a warrant to
issue, under which the defendant shall be arrested; he may be released on bond, pending the
hearing, to be fixed by the judge. The trial may be had upon affidavits or either party may
demand the production and oral examination of witnesses. (b) A party found guilty of contempt
under the provisions of this section shall be punished by a fine of not less than $100 nor
more than $200, or by imprisonment in the county jail...
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12-21-202
Section 12-21-202 Exclusion of audience where evidence vulgar, etc. In all prosecutions for
rape and assault with intent to ravish, the court may, in its discretion, exclude from the
courtroom all persons, except such as may be necessary in the conduct of the trial; and, in
all other cases where the evidence is vulgar, obscene or relates to the improper acts of the
sexes and tends to debauch the morals of the young, the presiding judge shall have the right,
by and with the consent and agreement of the defendant, in his discretion and on his own motion,
or on the motion of the plaintiffs or defendants or their attorneys, to hear and try the said
case after clearing the courtroom of all or any portion of the audience whose presence is
not necessary. (Code 1907, §4019; Code 1923, §7733; Code 1940, T. 15, §320.)...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the
following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state
agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of
punishment options, from probation to incarceration, graduated in restrictiveness according
to the degree of supervision of the offender including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised
probation, that requires an offender to serve a sentence of imprisonment. The term includes
time served in a work release program operated as a custody option by the Alabama Department
of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections
pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate
Punishment. A sentence that may include assignment to any...
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17-16-51
Section 17-16-51 Contest of senator or representative in Legislature - Testimony. The testimony
in the case of a contest provided for in Section 17-16-50 must be taken by deposition under
commission issued by the clerk of the court where the statement of contest is filed, which
commission must issue upon the party applying for the same making and filing an affidavit
stating the name of the witnesses, the place of residence of such witnesses, and that the
testimony sought and expected is material. The depositions must be taken on interrogatories
filed in the office of the clerk after making and filing the affidavit and of the interrogatories
and affidavit and the names and residence of the commissioner or commissioners proposed to
be appointed, 10 days' notice must be given the adverse party by service on him or her personally
or by leaving at his or her usual place of residence or business a copy of the interrogatories
and affidavit, to which must be appended notice of the name and...
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45-2-81.48
Section 45-2-81.48 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a Pre-Trial Intervention Program, there shall be a written agreement
between the district attorney and the offender. The agreement shall include the following:
(1) The terms of the Pre-Trial Intervention Program. (2) The length of the program. (3) The
period of time after which the district attorney will dispose of the charges against the offender
in a noncriminal manner or what charges the defendant will plead guilty to. (4) The sentence
the offender will receive. If as part of the Pre-Trial Intervention Program, the offender
agrees to plead guilty to a particular offense and receive a specific sentence, this agreement
concerning the offense and sentence shall be approved by an appropriate circuit or district
judge of the Twenty-eighth Judicial Circuit prior to admission of the offender in the Pre-Trial
Intervention Program. (b) As a condition of being admitted to...
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12-21-111
Section 12-21-111 Verified itemized statement as evidence of account's correctness. In all
actions upon accounts, an itemized statement of the account, verified by the affidavit of
a competent witness, taken before and certified by, a notary public or any officer having
authority under the laws of this or another state to take and certify affidavits, is competent
evidence of the correctness of the account if the plaintiff, at the time of bringing his action,
files with his complaint such verified itemized statement and endorses on the complaint the
fact that the account is verified by affidavit. Unless the defendant, within the time allowed
him for pleading, files in the case an affidavit denying on information and belief the correctness
of the account, which affidavit of the defendant shall state whether or not the defendant
denies liability and whether or not he disputes the whole account or only a part or parts
or an item or items thereof (if defendant disputes only a part or parts...
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13A-10-207
Section 13A-10-207 Forfeiture of property. (a) All of the following property, real or personal,
shall be subject to forfeiture: (1) All raw materials, products, and equipment of any kind
which are used or intended for use in manufacturing, cultivating, growing, compounding, processing,
delivering, importing, or exporting any explosives or destructive devices in violation of
Act 2009-718. (2) All property which is used or intended for use as a container for property
described in subdivision (1). (3) All moneys, negotiable instruments, securities, other things
of value furnished or intended to be furnished by any person in exchange for explosives or
destructive devices in violation of any law of this state; all proceeds traceable to the exchange;
and all moneys, negotiable instruments, and securities used or intended to be used to facilitate
any violation of Act 2009-718. (4) All conveyances, including aircraft, vehicles, or vessels,
or agricultural machinery, which are used, or are...
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13A-11-91
Section 13A-11-91 Liability of employers, etc., for damages resulting from presence of firearms.
(a) Except as provided in subsection (g) of Section 13A-11-90, an employer and the owner and/or
lawful possessor of the property on which the employer is situated shall be absolutely immune
from any claim, cause of action or lawsuit that may be brought by any person seeking any form
of damages that are alleged to arise, directly or indirectly, as a result of any firearm brought
onto the property of the employer, owner, or lawful possessor by an employee, including a
firearm that is transported in an employee's privately owned motor vehicle. (b) The presence
of a firearm or ammunition on an employer's property under the authority of Act 2013-283 does
not, by itself, constitute the failure by the employer to provide a safe workplace. (c) For
the purposes of Act 2013-283, a public or private employer, or the employer's principal, officer,
director, employee, or agent, does not have a duty: (1)...
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31-2A-32
Section 31-2A-32 (Article 32.) Preliminary hearing; report. (a) No charge or specification
may be referred to a general court-martial for trial until the completion of a preliminary
hearing, unless the preliminary hearing is waived by the accused. The purpose of the preliminary
hearing shall be limited to the following: (1) Determining whether there is probable cause
to believe an offense has been committed and the accused committed the offense. (2) Determining
whether the convening authority has court-martial jurisdiction over the offense and the accused.
(3) Considering the form of charges. (4) Recommending the disposition that should be made
of the case. (b) A preliminary hearing under subsection (a) shall be conducted by a hearing
officer who satisfies all of the following: (1) The hearing officer shall be an impartial
judge advocate whenever practicable or, in exceptional circumstances in which the interests
of justice warrant, an impartial hearing officer who is not a judge...
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