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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12-21-9
Section 12-21-9 Exclusion of audience where evidence vulgar, etc. In all civil cases sounding
in damages involving the question of rape, assault with intent to ravish, seduction, divorce
or any other case 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, in his discretion and on his own motion, or on motion of plaintiffs or defendants or
their attorneys, to hear and try the 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. 7, §365.)...
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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
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15-17-5
Section 15-17-5 Grounds for granting new trials; costs thereof. (a) On motion filed within
30 days from entry of judgment, a new trial may be granted for the following grounds: (1)
Irregularity in the proceedings of the court, jury or state or any order of court or abuse
of discretion by which the defendant was prevented from having a fair trial; (2) Misconduct
of the jury or state; (3) Accident or surprise which ordinary prudence could not have guarded
against; (4) That the verdict or decision is not sustained beyond a reasonable doubt or is
contrary to law; (5) Newly discovered evidence, material for the party applying, which he
could not with reasonable diligence have discovered and produced at the trial; and (6) Error
of law occurring at the trial properly preserved by the party making the application. (b)
The court, in granting new trials, may allow the same at the costs of the party applying therefor
or in the costs abiding the event of the case, or a portion of the costs, as the...
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15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of probation;
sanctions. (a) The period of probation or suspension of execution of sentence shall be determined
by the court and shall not be waived by the defendant, and the period of probation or suspension
may be continued, extended, or terminated. However, except as provided in Section 32-5A-191
relating to ignition interlock requirements, in no case shall the maximum probation period
of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period
of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1.
When the conditions of probation or suspension of sentence are fulfilled, the court shall,
by order duly entered on its minutes, discharge the defendant. (b) The court granting probation,
upon the recommendation of the officer supervising the probationer, may terminate all authority
and supervision over the probationer prior to the...
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30-2-8
Section 30-2-8 Proceedings generally; right of remarriage. The proceeding must, in all respects,
be conducted as other civil actions, except as herein otherwise directed. The cause for which
the divorce is sought must be alleged in the complaint, to which the other party must be made
a defendant. If service by publication shall be made, when necessary, in the manner provided
in the Alabama Rules of Civil Procedure. In making his judgment, the judge shall, as the evidence
and the nature of the case may warrant, direct whether the party against whom the judgment
of divorce is made be permitted to marry again, and where in judgments no order is made disallowing
the party the right to marry again, the party shall be deemed to have the right to remarry,
subject to the restrictions set out in Section 30-2-10. In cases where the right is affirmatively
disallowed to the divorced party to remarry, it shall be competent for the judge, upon motion
and proper proof, to allow the moving party to...
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12-13-11
Section 12-13-11 Grounds for granting new trials; costs therefor. (a) On motion filed within
30 days from entry of judgment, a new trial may be granted for the following grounds: (1)
Irregularity in the proceedings of the court, jury or prevailing party, or any order of court,
or abuse of discretion, by which the party was prevented from having a fair trial. (2) Misconduct
of the jury or prevailing party. (3) Accident or surprise, which ordinary prudence could not
have guarded against. (4) Excessive or inadequate damages. (5) Error in the assessment of
the amount of recovery, whether too large or too small where the action is upon a contract
or for the injury or detention of property. (6) The verdict or decision is not sustained by
the great preponderance of the evidence or is contrary to law. (7) Newly discovered evidence,
material for the party applying, which he could not, with reasonable diligence, have discovered
and produced at the trial. (8) Error of law occurring at the trial...
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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness unavailable
because of exceptional circumstances. (a) In any criminal prosecution, the court may, upon
motion of the district attorney, the defense, or the court, for good cause shown and after
notice to the parties, order the taking of a deposition or a videotaped deposition of a victim
or a witness when the victim or witness is or may be unavailable for trial for medical reasons
or other exceptional circumstances. On any motion for a deposition or a videotaped deposition
of the victim or witness, the court shall consider the age of the victim or witness, the potential
unavailability of the victim or witness for trial, the nature of the offense, the nature of
testimony that may be expected, and the possible effect that testimony in person at trial
may have on the victim or witness, along with any other relevant matters that may be required
by Supreme Court rule. During the taking of a deposition or...
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9-8-28
Section 9-8-28 Land-use regulations - Enforcement. Where the supervisors of any district shall
find that any of the provisions of land-use regulations prescribed in an ordinance adopted
in accordance with the provisions of Section 9-8-26 are not being observed on particular lands
and that such nonobservance tends to increase erosion on such lands and is interfering with
the prevention or control of erosion on other lands within the district, the supervisors may
present to the circuit court of the county in which the land of the defendant may lie, a complaint,
duly verified, setting forth the adoption of the ordinance prescribing land-use regulations,
the failure of the defendant landowner to observe such regulations and to perform particular
work, operations or avoidances as required thereby and that such nonobservance tends to increase
erosion on such lands and is interfering with the prevention or control of erosion on other
lands within the district and requesting the court to...
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6-5-4
Section 6-5-4 Recovery of public moneys, funds or property. (a) The Governor may cause actions
to be commenced for the recovery of any public moneys, funds, or property of the state or
of any county which have been lost by the neglect or default of any public officer, which
have been wrongfully expended or disbursed by such officer, which have been wrongfully used
by such officer, or which have been wrongfully received from him. (b) In the event any public
officer or agent of the state or any depositary or custodian of public funds or moneys has
wrongfully used such funds or moneys, actions for the recovery thereof may be commenced before
any court having jurisdiction of the subject matter; and it shall not be ground of objection
to such an action that either, any, or all of the parties defendant do not reside within the
county or within the district in which such action is commenced. (c) Such action may be commenced
in any court of competent jurisdiction; and such officer or agent,...
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