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12-22-113
Section 12-22-113 De novo trial in circuit court; statement of cause of complaint. The
trial in the circuit court shall be de novo and without any indictment or presentment by the
grand jury, but the district attorney shall make a brief statement of the cause of complaint
signed by him, which maybe in the following form: The State of Alabama, } In the circuit court,
______20__ On appeal from the district (or municipal) court. ___ county.} The State of Alabama,
by its district attorney, complains of C.D., that, within 12 months before the commencement
of this prosecution, he did (here describe the offense as in cases of indictment). G. H.,
district attorney. (Code 1852, §509; Code 1867, §4059; Code 1876, §4729; Code 1886, §4231;
Code 1896, §4627; Code 1907, §6730; Code 1923, §3843; Code 1940, T. 15, §363.)...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment
set forth in this section in all cases in which they are applicable, are sufficient,
and analogous forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY.
The State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county
charge that, before the finding of this indictment, etc. (describing the offense as in the
following forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney
of the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary
to law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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15-15-4
Section 15-15-4 Forms of pleas, replications, rejoinders and demurrers. The following
forms of pleas, replications, rejoinders and demurrers are sufficient in all cases in which
they are applicable, but they are not exclusive, and any other form sufficient at common law,
under the statutes or any analogous or kindred pleadings, where no form is provided in this
Code, may be used: (1) CAPTION. - The following caption may be used as a part of each of the
following forms: The State of Alabama, v. In _____ court, ____County. A.B. (2) GENERAL FORM
OF PLEA. - Comes the defendant (in his own proper person, or by attorney) and for plea says:
The state ought not further to prosecute this indictment against him because _____ (stating
matter constituting the plea). And this the defendant is ready to verify and prays judgment
that he be discharged (or it may conclude, "and of this he puts himself upon the country,"
whenever appropriate). ___, defendant or attorney for defendant. (3)...
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12-17-184
Section 12-17-184 Powers and duties generally. It is the duty of every district attorney
and assistant district attorney, within the circuit, county, or other territory for which
he or she is elected or appointed: (1) To attend on the grand juries, advise them in relation
to matters of law, and examine and swear witnesses before them. (2) To draw up all indictments
and to prosecute all indictable offenses. (3) To prosecute and defend any civil action in
the circuit court in the prosecution or defense of which the state is interested. (4) To inquire
whether registers have performed the duty required of them by Section 12-17-117 and
shall, in every case of failure, move against the register as provided by subsection (b) of
Section 12-17-114. (5) If a criminal prosecution is removed from a court of his or
her circuit, county, or division of a county to a court of the United States, to appear in
that court and represent the state; and, if it is impracticable, consistent with his or her...
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13A-12-200.7
Section 13A-12-200.7 Civil action to enjoin violations; hearing; procedures; precedence
over other matters. (1) When there is reason to believe that any person is violating or is
about to violate any of the provisions of this division, the Attorney General or district
attorney may initiate a civil action in the circuit court in the name of the State of Alabama
against such person for preliminary and permanent injunctive relief, to prevent or enjoin
the violation. The Alabama Rules of Civil Procedure shall apply to the extent that such rules
are not inconsistent with this section; provided, however, that no temporary restraining
order shall be issued pursuant to this section. No bond shall be required of the official
bringing the action and the official, the political subdivision and the officers, agents,
and employees of the political subdivision shall not be liable for costs or damages, other
than court costs, by reason of injunctive orders not being granted or where judgment is...
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28-4-283
Section 28-4-283 Enforcement of forfeiture. The forfeiture provided in Section
28-4-282 may be enforced by a complaint filed in the circuit court of the county in which
the property is located, the complaint to be filed in the name of the State of Alabama by
the Attorney General or by a district attorney in the county where the complaint is filed
or by others as provided in the law for the filing of petitions for abatement of liquor nuisances.
(Acts 1919, No. 7, p. 6; Code 1923, §4776; Code 1940, T. 29, §245.)...
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15-8-71
Section 15-8-71 Withdrawal and filing of indictment with leave to reinstate same. In
all criminal cases in the circuit court in which a capias or warrant of arrest has issued
for two terms and has been returned "not found," the district attorney may, by leave
of the court, withdraw and file the indictment, with leave to reinstate the same when the
ends of justice require such reinstatement. In all cases where a defendant is confined in
one of the Alabama state hospitals under the provisions of Sections 15-16-21 and 15-16-22,
the district attorney may, by leave of the court, withdraw and file the indictment, with leave
to reinstate the same when the ends of justice require such reinstatement. (Code 1867, §4149;
Code 1876, §4822; Code 1886, §4387; Code 1896, §4915; Code 1907, §7153; Code 1923, §4548;
Code 1940, T. 15, §251; Acts 1959, 2nd Ex. Sess., No. 104, p. 322.)...
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15-9-61
Section 15-9-61 Application by district attorney to Governor for requisition; filing
and forwarding of papers and requisition. (a) When the return to this state of a person charged
with crime in this state is required, the district attorney of the county in which the offense
is committed shall present to the Governor his written application for a requisition for the
return of the person charged, in which application shall be stated the name of the person
charged, the crime charged against him, the approximate time, place and circumstances of its
committal, the state in which he is believed to be, including the location of the accused
therein at the time the application is made, and certification that, in the opinion of the
said district attorney, the ends of justice require the arrest and return of the accused to
this state for trial and that the proceeding is not instituted to enforce a private claim.
(b) The application shall be verified by affidavit, shall be executed in duplicate...
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12-21-244
Section 12-21-244 Subpoena of witnesses - Trial appearance. (a) No subpoena must be
issued in a criminal case unless the defendant is in custody or has given bail to answer the
charge. (b) If the defendant is in custody or has given bail to answer the charge, it is the
duty of the clerk of the court in which the prosecution is pending, on his application, to
issue subpoenas for such witnesses as he requires. (c) The clerk must also issue subpoenas
for all witnesses on the part of the state whose names are so marked on the indictment, if
any, and for such other witnesses as the district attorney may direct him to summon. (d) It
is the duty of clerks of the district and circuit courts to subpoena witnesses in cases set
for trial to the day fixed for such trial. (Code 1852, §§661-663; Code 1867, §§4213-4215;
Code 1876, §§4918-4920, 4923; Code 1886, §§4456-4458, 4460; Code 1896, §§5280-5282,
5284; Code 1907, §§7877-7879, 7881; Code 1923, §§5615-5617, 5619; Code 1940, T. 15,...
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12-19-150
Section 12-19-150 Legislative intent; assessment of fees in criminal cases; submission
of cost bill by municipal or district court clerk and making of final assessment of costs
in circuit court upon appeals from municipal or district courts to circuit courts. (a) It
is hereby declared to be the policy of the state that docket fees and other court costs in
criminal cases shall generally be assessed only upon conviction. It is further declared to
be the policy of the state that a creditor shall not use the criminal process in order to
collect civil debts. The state does recognize that situations will arise from time to time
wherein justice may best be served by allowing a judge to enter an order dismissing a case
upon the payment of costs by the defendant or by the complainant where the judge has determined
that the criminal process has been abused. (b) Docket fees and other court costs in criminal
cases shall be assessed upon conviction; provided that, in the interest of justice,...
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