15-15-43
Section 15-15-43 Abatement of prosecution of misdemeanor in circuit court when case commenced
and pending in district or municipal court. (a) The original jurisdiction of the circuit courts
over felonies and misdemeanors is, in all things, unchanged; except, that when a prosecution
for a misdemeanor has been first commenced and is still pending in a district court or a municipal
court, the prosecution in the circuit court shall be abated on plea. (b) The plea provided
for in subsection (a) of this section must state that the prosecution in the district court
or the municipal court was commenced without the agency, request, participation, connivance
or authority of the defendant and must be sworn to. Each and every averment of the plea may
be traversed and denied; and if, on the trial of the issue, it appears that such prosecution
was commenced by the agency, request, participation, connivance or authority of the defendant,
then the jury must be instructed, if it finds either of these...
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12-21-225
Section 12-21-225 Testimony for state or defendant by convict. (a) The presiding judge of any
circuit court or district court having reason to believe that the testimony of any convict
serving a sentence in the penitentiary or to hard labor for the county is necessary in any
criminal prosecution for the state and that other evidence cannot be obtained on behalf of
the state may order a writ to be issued by the clerk, commanding the Board of Corrections
to have the convict before the court on a specified day to give testimony in the particular
case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution
showing that a convict serving sentence in the penitentiary knows facts which would be beneficial
to him, the judge may, if he believes the ends of justice will be served thereby, order the
issuance of such a writ to secure the appearance of the convict to testify on behalf of the
defendant. The writ shall be served on the board at least one week...
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12-21-246
Section 12-21-246 Subpoena of witnesses - Execution. (a) In criminal cases, at the request
of the state, or the defendant or the defendant's attorney, the clerk of the court must issue
subpoenas for witnesses whose address shall be given by the person requesting the subpoena,
specifying therein the time and place for their appearance, the title of the case and at whose
instance the witness is summoned, and commanding the witness to appear in conformity therewith
and give testimony. (b) No subpoena shall issue for a witness residing more than 100 miles
from the place of trial, computed by the route usually traveled, unless the person requesting
the subpoena makes affidavit that the personal attendance of the witness is necessary to a
proper decision of the case and that the deposition of the witness would be insufficient for
that purpose, and the fact that such affidavit has been made must be endorsed by the clerk
upon the subpoena. (c) A subpoena issued under this section shall be...
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12-12-70
Section 12-12-70 Right of appeal and procedure for appeals generally; dismissal for failure
to appear. (a) Civil cases. Any party may appeal from a final judgment of the district court
in a civil case by filing notice of appeal in the district court, within 14 days from the
date of the judgment or the denial of a posttrial motion, whichever is later, or, if the appeal
is to an appellate court, within the time prescribed by the Alabama Rules of Appellate Procedure
or the Alabama Rules of Juvenile Procedure where applicable, together with security for costs
as required by law or rule. (b) Criminal cases. A defendant may appeal from a final judgment
of the district court in a criminal or quasi-criminal case by filing notice of appeal within
14 days from the date of judgment or from the date of denial of a post-trial motion, whichever
is later, together with such bond as may be fixed by the court, conditioned upon the defendant's
appearance before the circuit court; provided, however, that...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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14-11-3
Section 14-11-3 Failure of witness to appear or testify on management and treatment of convicts.
Repealed by Act 2015-70 effective April 21, 2015. (Code 1886, §3982; Code 1896, §4549; Code
1907, §6611; Code 1923, §3714; Code 1940, T. 45, §109.)...
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12-21-143
Section 12-21-143 Failure of witnesses to testify. (a) Any witness refusing to testify, unless
privileged by law from testifying in the case, must be committed to the jail of the county,
there to remain without bail until he consents to testify. (b) No witness so imprisoned shall
be discharged at the adjournment of the court, or afterwards, until he gives bond and surety
in an amount to be prescribed by the judge of such court, to be approved by the clerk of the
court, payable to the state and conditioned to appear at the next session and give evidence
in the case. (Code 1852, §§2309, 2310; Code 1867, §§2711, 2712; Code 1876, §§3066, 3067;
Code 1886, §§2799, 2800; Code 1896, §§1831, 1832; Code 1907, §§4028, 4029; Code 1923,
§§7742, 7743; Code 1940, T. 7, §§455, 456.)...
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6-6-334
Section 6-6-334 Failure of witnesses to attend or refusal to testify. (a) Any witness, duly
subpoenaed and failing to attend or refusing to testify may be fined by the district court
judge not exceeding $100, for the use of the county, for which he may issue execution directed
to the constable. (b) The judgment specified in subsection (a) of this section must not be
made absolute until 10 days after service of a written notice on such witness, informing him
of the entry of such judgment. (Code 1852, §§2869, 2870; Code 1867, §§3318, 3319; Code
1876, §§3715, 3716; Code 1886, §§3394, 3395; Code 1896, §§2141, 2142; Code 1907, §§4277,
4278; Code 1923, §§8018, 8019; Code 1940, T. 7, §§981, 982.)...
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15-25-2
Section 15-25-2 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Videotaped deposition; who may be present; procedure; protective order. (a)
In any criminal prosecution referred to in Section 15-25-1, the court, upon motion of the
district attorney or Attorney General, for good cause shown and after notice to the defendant,
may order the taking of a videotaped deposition of an alleged victim of or witness to the
crime who is under the age of 16 at the time of the order. (b) On any motion for a videotaped
deposition of the victim or a witness, the court shall consider the age and maturity of the
child, the nature of the offense, the nature of testimony that may be expected, and the possible
effect that the 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. (c) During the taping
of a videotaped deposition authorized pursuant to this section, the...
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28-4-316
Section 28-4-316 Grand jury proceedings generally - Effect of failure of person to attend and
testify in obedience to summons. Any person who is summoned as a witness before the grand
jury to answer as to any violation of law for the suppression of intemperance or prohibiting
the manufacture, sale or other disposition of prohibited liquors or beverages or the keeping
or maintaining of any unlawful drinking place, or liquor nuisance and who fails or refuses
to attend and testify in obedience to such summons without good cause, to be determined by
the court, is guilty of contempt and also of a misdemeanor and, on conviction of such misdemeanor,
must be fined not less than $20.00 nor more than $300.00 and may also be imprisoned in the
county jail or sentenced to hard labor for the county for not more than three months, at the
discretion of the court. (Acts 1909, No. 191, p. 63; Code 1923, §4633; Code 1940, T. 29,
§109.)...
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