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6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
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12-21-182
Section 12-21-182 Proceedings upon failure of subpoenaed witness to attend and remain. (a)
Any witness who, after being subpoenaed, fails to attend pursuant to the mandate of the subpoena
and remain until his testimony is given or he is discharged forfeits $100.00 to the use of
the party summoning him, and the attendance of such witness may be compelled by attachment.
(b) A conditional judgment must, on motion of such party, be entered against such witness
and a notice issued to him that such judgment will be made absolute unless he appears within
30 days from the date of the service of such notice and renders a good excuse for his default;
and, if he fails to appear and render a satisfactory excuse for his default, such judgment
may be made absolute or reduced, as the court may direct. (c) Witnesses failing to attend
court may make their excuse by affidavit, or viva voce, in open court, which the court must
hear at any time, unless engaged in the trial of a case, and, if the excuse is...
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12-22-90
Section 12-22-90 Appeals in habeas corpus. (a) Any party aggrieved by the judgment on the trial
of a habeas corpus may appeal to the appropriate appellate court. (b) The district attorney
or other prosecuting officer or attorney may take an appeal on behalf of the state to the
appropriate appellate court when, on habeas corpus, any person held in custody under a charge
or conviction for crime or for extradition as a fugitive from justice from any other state
is discharged from custody or when any person held in custody under an indictment by the grand
jury charging him with a capital offense is admitted to bail. In all such cases the judgment
must be stayed pending the appeal. (c) Pending the appeal, the person restrained shall be
admitted to bail, with sufficient sureties, conditioned that he will appear before such court
or officer as may be prescribed by the judge and abide the judgment entered, provided such
person is charged with an offense that is bailable under the laws of this...
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15-13-132
Section 15-13-132 Conditional forfeiture notice to defendant and sureties. A notice of the
rendition of the judgment set forth in Section 15-13-131 shall be issued by the clerk of the
court and served according to the terms as established in this article within 90 days of the
court's conditional forfeiture order to the defendant and sureties. The notice may be in the
following form: STATE OF ALABAMA ___ (or City of ___) Defendant vs ___ County ___ Surety Case
No. ___ ___ Surety Charge: ___ Conditional Forfeiture Notice To: ___ ___ Court Defendant ___
___ Surety You are hereby notified that your name appears as a surety on the bond in the above
styled case. This case was called for trial on ___ (date) and the defendant was not present
to answer. Therefore, a conditional forfeiture of ___ dollars was entered against you. You
shall file a written response within 28 days after you...
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18-1A-311
Section 18-1A-311 Application. (a) Articles 1 through 5 of this chapter apply only to condemnation
actions commenced on or after January 1, 1986. (b) Article 1 and Articles 6 through 16 of
this chapter apply to the fullest extent practicable to pending condemnation actions commenced
before January 1, 1986, with respect to issues on which a judgment has not been entered, and
with respect to issues that are retried on or after January 1, 1986, pursuant to an order
of a trial or appellate court. (c) In any condemnation action in which an appeal or a motion
to modify or vacate the verdict or judgment, or to grant a new trial, was pending on January
1, 1986, the law applicable before January 1, 1986, governs the determination of the appeal
or motion. (Acts 1985, No. 85-548, p. 802, §1704.)...
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30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears from
a petition for a protection order or a petition to modify a protection order that abuse has
occurred or from a petition for a modification of a protection order that a modification is
warranted, the court may do any of the following: (1) Without notice or hearing, immediately
issue an ex parte protection order or modify an ex parte protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final
protection order or modify a protection order after a hearing whether or not the defendant
appears. (b) A court may grant any of the following relief without notice and a hearing in
an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin
the defendant from threatening to commit or committing acts of abuse, as defined in this chapter,
against the plaintiff or children of the plaintiff, and any other...
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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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13A-5-10.1
Section 13A-5-10.1 Habitual felony offenders - Proof; certified copies of case action summary
sheets, docket sheets, etc. (a) Certified copies of case action summary sheets, docket sheets
or other records of the court are admissible for the purpose of proving prior convictions
of a crime, if the prior conviction is otherwise admissible under the laws of this state.
(b) If the trial court determines that the defendant would be prejudiced by the admission
of the documents described in subsection (a) the court may admit into evidence and inform
the jury of the fact of the conviction but not allow the jury to view the prejudicial documents.
(c) If the document described in subsection (a) indicates that the defendant was represented
by an attorney, it is presumed that the attorney was present in court with the defendant at
all critical stages of the proceeding. (Acts 1987, No. 87-604, p. 1051, §§1-3.)...
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15-13-1
Section 15-13-1 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them by this section: (1) ADMISSION TO BAIL. The order
of a competent court or magistrate, when authorized by law to grant bail, that a defendant
be discharged from actual custody on bail. (2) TAKING OF BAIL. The acceptance by a competent
court or magistrate, when authorized by law to grant bail, of sufficient bail for the appearance
of the defendant according to the legal effect of his undertaking or for the payment to the
state of a certain specified sum if he does not appear. (Code 1852, §§681, 682; Code 1867,
§§4232, 4233; Code 1876, §§4840, 4841; Code 1886, §§4406, 4407; Code 1896, §§4348,
4349; Code 1907, §§6328, 6329; Code 1923, §§3360, 3361; Code 1940, T. 15, §§185, 186;
Acts 1949, No. 199, p. 230.)...
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32-5A-194
Section 32-5A-194 Chemical tests; admissible as evidence; procedure for valid chemical analyses;
permits for individuals performing analyses; persons qualified to withdraw blood; presumptions
based on percent of alcohol in blood; refusal to submit; no liability for technician. (a)
Upon the trial of any civil, criminal, or quasi-criminal action or proceeding arising out
of acts alleged to have been committed by any person while driving or in actual control of
a vehicle while under the influence of alcohol or controlled substance, evidence of the amount
of alcohol or controlled substance in a person's blood at the alleged time, as determined
by a chemical analysis of the person's blood, urine, breath, or other bodily substance, shall
be admissible. Where such a chemical test is made the following provisions shall apply: (1)
Chemical analyses of the person's blood, urine, breath, or other bodily substance to be considered
valid under the provisions of this section shall have been...
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