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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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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35-4-322
Section 35-4-322 Application to compel conveyance - Contents; notice generally; decree; appeals.
Such application must be by petition, setting out the contract or agreement, the lands to
be conveyed and stating the names of the heirs and personal representatives of the contracting
party, which of them are of full age and which are minors; and the judge of probate must give
notice of such petition by 20 days' written notice to the personal representative and resident
heirs of the contracting party, to be served by any sheriff and, if any one or more are nonresidents,
by publication in some newspaper published in his county and in the county in which the lands
lie; or, if none is published therein, the paper published in the place nearest to the county
site of such county, once a week for three successive weeks; and if, on the hearing of such
application, it appears that such agreement or contract was fairly made and the consideration
or conditions of the same paid or performed, such...
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42-2-6
Section 42-2-6 Conduct of hearing; order granting or refusing application; appeal from grant
or refusal of application. On the day appointed or any other day to which the hearing may
be continued, the court must hear the allegations of the application and any objections which
may be filed to the granting thereof and any legal evidence touching the same, and shall make
an order granting or refusing the application. The hearing herein provided for must in all
respects be conducted and evidence taken as in civil cases, and either party may, by bill
of exception, reserve any opinion or decision of the court. Either party is entitled to an
appeal to the Supreme Court from the order of the court granting or refusing the application
within 42 days from the making thereof. (Code 1907, §§2419, 2420; Code 1923, §§3153, 3154;
Code 1940, T. 59, §§9, 10.)...
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12-19-132
Section 12-19-132 Issuance to witness of certificate of sum entitled to for attendance, etc.;
proof of attendance by witness. (a) After the trial, continuance of the cause or discharge
of the witness, the clerk must, on his application and upon his oath, give the witness a certificate
setting forth the cause in which he was a witness, the party by whom he was summoned or on
whose request he attended, the number of day he attended as a witness and the sum to which
he is entitled for his attendance, travel, ferriage and tolls, which he must also enter, either
upon the subpoena docket or book to be kept for that purpose. (b) The witness must prove his
attendance within five days after his attendance as such witness. (Code 1852, §§2380, 2381;
Code 1867, §§2784, 2785; Code 1876, §§3133, 3134; Code 1886, §§2842, 2843; Code 1896,
§§1337, 1338; Code 1907, §§3674, 3675; Code 1923, §§7234, 7235; Code 1940, T. 11, §§45,
46.)...
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12-21-2
Section 12-21-2 Production of books, etc., generally - By resident nonparties; failure to comply.
(a) When any deed, writing or other document which it may be necessary to use as testimony
in any case may be in the possession of any person resident in this state who is not a party
to the case, the clerk of the court in which the case is pending shall, upon application of
the party or his attorney desirous of using such testimony, issue a subpoena duces tecum directed
to the person having such book or other document in his possession, requiring him to appear
and bring with him into court the paper desired to be used as testimony. Service shall be
by a sheriff, constable or some private person, and the official return of the sheriff or
constable or the affidavit of such private person shall be sufficient evidence that the same
was duly served; but, in all cases, the judge may require the summary production of any book
or document by subpoena duces tecum where the witness is able to...
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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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12-22-21
Section 12-22-21 Other orders, judgments, or decrees. Appeal from the order, judgment or decree
of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court
in the cases hereinafter specified. Appeals to the Supreme Court shall be governed by the
Alabama Rules of Appellate Procedure, including the time for taking an appeal. Appeal to the
circuit court in such cases shall be within the time hereinafter specified: (1) From the decree,
judgment or order on a contest as to the validity of a will, to be taken within 42 days after
the determination of the contest; (2) From the decree, judgment or order on an application
claiming the right to execute a will or administer an estate, to be taken within 42 days after
the hearing and decision of such application, unless the application was denied because the
applicant was deemed unfit to serve by reason of a conviction of an infamous crime or by reason
of improvidence, intemperance or want of understanding, in...
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35-6-41
Section 35-6-41 Partition of land lying partly in different counties. When partition is sought
of a tract of land lying partly in different counties, the application may be made to the
probate court of either county, and the partition shall be made at the courthouse of the county
of the judge of such court; and when made, the judge of such court shall, on demand and payment
of lawful fees therefor, furnish to each party in interest a certificate, under his official
seal, of the lots or parcels allotted to him, and the book and page where the proceedings
are recorded; and the record of such certificate in the proper office of the county in which
such lots or parcels, or any part thereof, lie, shall operate as notice of its contents. (Code
1876, §§3499, 3500; Code 1886, §3238; Code 1896, §3162; Code 1907, §5204; Code 1923,
§9304; Code 1940, T. 47, §193.)...
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36-26-41
Section 36-26-41 Failure of witnesses to appear and testify, etc., at investigations or hearings;
fees of witnesses; requirement of appearance, etc., of witnesses, etc., before board; giving
of false testimony under oath. Any person who shall be served with a subpoena, issued in the
course of an investigation or hearing conducted under any provision of this article, to appear
and testify or to produce books and papers who shall, without good cause, disobey or neglect
to obey any such subpoena shall be guilty of a misdemeanor. The fees of witnesses for attendance
and travel shall be the same as fees of witnesses before the courts of record and shall be
paid from the appropriation for the expenses of the board. Any judge of a court of record,
either in term time or vacation, upon application of a member of the board or the director,
shall compel the attendance of witnesses, the production of books and papers and the giving
of testimony before the board or an agent thereof by attachment...
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