|
6-9-253
Section 6-9-253 Recognition of foreign-country judgments. (a) Except as otherwise provided
in subsections (b) and (c), a court of this state shall recognize a foreign-country judgment
to which this article applies. (b) A court of this state shall not recognize a foreign-country
judgment if: (1) the judgment was rendered under a judicial system that does not provide impartial
tribunals or procedures compatible with the requirements of due process of law; (2) the foreign
court did not have personal jurisdiction over the defendant; or (3) the foreign court
did not have jurisdiction over the subject matter. (c) A court of this state need not recognize
a foreign-country judgment if: (1) the defendant in the proceeding in the foreign court did
not receive notice of the proceeding in sufficient time to enable the defendant to defend;
(2) the judgment was obtained by fraud that deprived the losing party of an adequate opportunity
to present its case; (3) the judgment or the claim for relief on...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-9-253.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-2.htm - 2K - Match Info - Similar pages
30-3B-112
Section 30-3B-112 Cooperation between courts; preservation of records. (a) A court of this
state may request the appropriate court of another state to: (1) Hold an evidentiary hearing;
(2) Order a person to produce or give evidence pursuant to procedures of that state; (3) Order
that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(4) Forward to the court of this state a certified copy of the transcript of the record of
the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with
the request; and (5) Order a party to a child custody proceeding or any person having physical
custody of the child to appear in the proceeding with or without the child. (b) Upon request
of a court of another state, a court of this state may hold a hearing or enter an order described
in subsection (a). (c) Travel and other necessary and reasonable expenses incurred under subsections
(a) and (b) may be assessed against the parties...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3B-112.htm - 1K - Match Info - Similar pages
30-5B-3
Section 30-5B-3 Judicial enforcement of order. (a) A person authorized by the law of this state
to seek enforcement of a protection order may seek enforcement of a valid foreign protection
order in a court of this state. The court shall enforce the terms of the order, including
terms that provide relief that a court of this state would lack power to provide but for this
section. The court shall enforce the order, whether the order was obtained by independent
action or in another proceeding, if it is an order issued in response to a complaint, petition,
or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce
a foreign protection order, the court shall follow the procedures of this state for the enforcement
of protection orders. (b) A court of this state may not enforce a foreign protection order
issued by a tribunal of a state that does not recognize the standing of a protected individual
to seek enforcement of the order. (c) A court of this state...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5B-3.htm - 3K - Match Info - Similar pages
30-5-4
Section 30-5-4 Remedies and relief; duty to inform court of pending proceedings, litigation,
etc.; previous court orders; issuance of orders. (a) The plaintiff's right to relief under
this chapter shall not be affected by his or her leaving the residence or household to avoid
further abuse. (b) At any hearing in a proceeding to obtain a protection order, each party
has a continuing duty to inform the court of each pending proceeding in this state or any
other state for a protection order, any pending civil litigation in this state or any other
state, each pending proceeding in any family or juvenile court of this state or any other
state, each pending criminal case involving the parties in this state or any other state,
and any existing child custody or support order, including the case name, the file number,
and the county and state of the proceeding, if that information is known to the party. (c)
The remedies and procedures provided in this chapter are in addition to and not in lieu...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5-4.htm - 2K - Match Info - Similar pages
12-19-74
Section 12-19-74 Circuit and district court fee for service of witness subpoenas. (a) In civil
cases in circuit court and district court, for the issuance of witness subpoenas a fee of
twelve dollars ($12) shall be collected for each subpoena. Subpoena fees shall be paid at
the time the subpoena is requested unless the court has approved an affidavit of substantial
hardship on behalf of the party requesting the subpoena(s). (b) Seven dollars fifty cents
($7.50) of each subpoena fee collected in civil cases in circuit and district court shall
be distributed to the county general fund and four dollars fifty cents ($4.50) shall be distributed
to the State General Fund, one dollar fifty cents ($1.50) of which shall be for judicial and
public safety functions (Acts 1975, No. 1205, p. 2384, §§16-113, 16-114; Acts 1976, No.
564, p. 763; Acts 1983, No. 83-744, p. 1225, §4; Acts 1987, No. 87-405, p. 575, §4; Act
2004-636, p. 1452, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-19-74.htm - 1K - Match Info - Similar pages
30-3B-305
Section 30-3B-305 Registration of child custody determination. (a) A child custody determination
issued by a court of another state may be registered in this state, with or without a simultaneous
request for enforcement, by sending to the appropriate court in this state: (1) A letter or
other document requesting registration; (2) Two copies, including one certified copy, of the
determination sought to be registered, and a statement under penalty of perjury that to the
best of the knowledge and belief of the person seeking registration the order has not been
modified; and (3) Except as otherwise provided in Section 30-3B-209, the name and address
of the person seeking registration and any parent or person acting as a parent who has been
awarded custody or visitation in the child custody determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the registering court shall: (1)
Cause the determination to be filed as a foreign judgment, together...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3B-305.htm - 3K - Match Info - Similar pages
30-3D-616
Section 30-3D-616 Procedure to register child-support order of foreign country for modification.
A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign
child-support order not under the Convention may register that order in this state under Sections
30-3D-601 through 30-3D-608 if the order has not been registered. A petition for modification
may be filed at the same time as a request for registration, or at another time. The petition
must specify the grounds for modification. (Act 2015-284, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3D-616.htm - 847 bytes - Match Info - Similar pages
6-5-754
Section 6-5-754 Choice of forum. (a) If a claim under the common or statutory law of another
state, the United States, or a foreign country or under international treaty for death or
injury to person or damage to property arises against a manufacturer out of an accident
that occurred outside this state, such claim may be brought in the courts of this state in
any county in which jurisdiction of the defendant can be legally obtained in the same manner
in which jurisdiction could have been obtained if the claim had arisen in this state. (b)
The courts of this state shall apply the doctrine of forum non conveniens in determining whether
to accept or decline to take jurisdiction of an action asserting a claim arising out of an
accident occurring outside this state. (c) In applying the doctrine of forum non conveniens,
the court shall take into account each of the following considerations: (1) The state in which
the claimant resides, giving deference to the claimant's choice of forum only...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-754.htm - 2K - Match Info - Similar pages
12-15-109
Section 12-15-109 Issuance of orders to parents for payment of court costs, fees of attorneys,
and expenses for support, treatment of children under the jurisdiction of the juvenile court
pursuant to this chapter; manner of payment; proceedings upon failure of parents to pay amounts
directed. If, after making a parent, or other person legally obligated to care for and support
a child, a party to the action pursuant to this chapter and the Alabama Rules of Juvenile
Procedure and after a hearing, the juvenile court finds that the parent or other person is
financially able to pay all or part of the court costs, as provided by law, attorney fees,
and expenses with respect to examination, treatment, care, detention, or support of the child
incurred from the commencement of the proceeding in carrying out this chapter, the juvenile
court shall order them to pay the same and may prescribe the manner of payment. Unless otherwise
ordered, payment shall be made to the clerk of the juvenile court...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-109.htm - 2K - Match Info - Similar pages
|