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15-12-22
Section 15-12-22 Appointment and compensation of counsel - Appeals. (a) In all criminal
cases wherein an indigent defendant has an appeal which lies directly to an appellate court
and the indigent defendant expresses his or her desire to appeal, the court shall cause to
be entered upon its minutes a recital of notice of appeal. (b) If it appears that the indigent
defendant desires to appeal and is unable financially or otherwise to obtain the assistance
of counsel on appeal and the indigent defendant expresses the desire for assistance of counsel,
the trial court shall appoint counsel to represent and assist the indigent defendant on appeal,
through the indigent defense system for such cases. The presiding judge of the court to which
the appeal is taken shall have authority to appoint counsel through the indigent defense system
for such cases in the event the trial court fails to appoint and in the event it becomes necessary
to further provide for counsel. It shall be the duty of the...
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6-5-148
Section 6-5-148 Closing place pending final decision - Release of property on bond.
The owner or owners of any real property or personal property closed or restrained, or to
be closed or restrained, may appear at any time between the filing of the complaint and the
hearing of the application for a permanent injunction, and, upon payment of all costs incurred
and upon the filing of a bond payable to the state by the owner of the real property, with
sureties or a surety company to be approved by the register or clerk in the full value of
the property to be ascertained by the court or the judge, conditioned that such owner or owners
will immediately abate the nuisance and prevent the same from being established or kept until
the decision of the court or judge shall have been entered on the application for a permanent
injunction, then, in that case, the court or judge, if satisfied of the good faith of the
owner of the real property and of innocence on the part of any owner of the personal...
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9-16-79
Section 9-16-79 Hearings and appeals procedure. Procedures for hearings and appeals
under this article shall be made as herein provided and in accordance with such general rules
and regulations as the regulatory authority may prescribe. These procedures shall take precedence
over the Alabama Administrative Procedure Act, which shall in no respect apply to proceedings
arising under this article. (1)a. A determination by the regulatory authority as specified
by law shall be made promptly and shall include a statement as to the action to be taken and
reasons therefor. Notice of the determination or decision shall be promptly given to the parties
involved by delivery or by mailing such notices to their last known addresses. When the regulatory
authority gives a notice of determination, unless an appeal is filed by any person having
an interest which may be adversely affected with the chief hearing officer within 30 days
of such notice such determination shall be deemed final and not...
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25-4-97
Section 25-4-97 Powers of appeals tribunal, board of appeals and officers of Department
of Labor as to witnesses; witness fees. In the discharge of their duties under this chapter
any deputy, any appeals tribunal, any member of the board of appeals, and any officer of the
Department of Labor authorized and designated by the secretary shall have power to administer
oaths, certify to official acts, take and cause to be taken depositions of witnesses, issue
and serve subpoenas, compel the attendance of witnesses, and the production of papers, books,
accounts, payrolls, documents, records, and testimony. In the event of failure of any person
to comply with any subpoena lawfully issued, or on the refusal of any witness to produce evidence
or to testify as to any matter regarding which he may be lawfully interrogated, it shall be
the duty of any court of competent jurisdiction or of the judge thereof, upon the application
of the secretary or any officer of the Department of Labor designated...
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6-5-146
Section 6-5-146 Service of complaint on and answer by defendants; granting of preliminary
injunction. (a) A copy of the complaint, together with a notice of the time and place of the
hearing of the application for a preliminary injunction, shall be served upon the defendants
at least five days before such hearing. If the hearing shall then be continued at the instance
of any defendant, the temporary writ as petitioned for shall be granted as a matter of course.
(b) Each defendant so notified shall serve upon the plaintiff or the attorney filing the complaint
a verified answer on or before the date fixed in said notice for said hearing, and such answer
shall be filed with the register or clerk of the court wherein such case is triable, but the
court or judge may allow additional time for answering, providing such extension of time shall
not prevent the issuing of said temporary writ as petitioned for. (Acts 1919, No. 53, p. 52;
Code 1923, §§9287, 9288; Code 1940, T. 7, §§1098,...
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25-2-23
Section 25-2-23 Powers of secretary, officers of department and board of appeals as
to witnesses. The Secretary of Labor, any officer of the Department of Labor designated by
the secretary and the members of the board of appeals, in the performance of any function
or duty or the execution of any power prescribed by law, shall have the power to administer
oaths, certify to official acts, take and cause to be taken depositions of witnesses, issue
subpoenas, compel the attendance of witnesses and the production of papers, books, accounts,
payrolls, documents, records and testimony. In the event of failure of any person to comply
with any subpoena lawfully issued, or on the refusal of any witness to produce evidence or
to testify as to any matter regarding which he may be lawfully interrogated, it shall be the
duty of any court of competent jurisdiction or of the judge thereof, upon the application
of the Secretary of Labor or any officer of the Department of Labor designated by the...
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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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37-2-113
Section 37-2-113 Orders of commission - Remedy for noncompliance. The Public Service
Commission must notify the district attorney of the proper circuit and the Attorney General
of the failure of any railroad company or person operating a railroad to comply with any order
made by such commission for the erection of sitting or waiting rooms, within 60 days after
the expiration of the period within which such sitting or waiting rooms are to be erected;
and thereupon, it shall be the duty of the district attorney, under the direction of the Attorney
General, to bring a civil action in the name of the State of Alabama, or take other appropriate
steps in the circuit court, or before the judge of the circuit court to compel the erection
of such sitting or waiting rooms. For the purpose of entertaining, hearing, and deciding such
cases, the circuit court shall be always open, and the circuit judge may make all needful
orders and issue all writs and process. If the person or corporation...
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12-13-41
Section 12-13-41 Duties of probate judges generally. It shall be the duty of the probate
judge: (1) To issue all citations, letters testamentary, of administration and guardianship,
subpoenas, executions and all other process which is necessary for the exercise of his powers,
the jurisdiction of the court and the enforcement of its judgments, orders and decrees. (2)
To keep minutes of all his official acts and proceedings and, within three months thereafter,
to record the same in well-bound books. (3) To keep all the books, papers and records belonging
to his office with care and security, the papers arranged, filed and labeled so as to be of
easy reference and the books and records lettered and kept with general, direct and reverse
indexes, but, without the authority of the county commission, he shall not make new indexes.
(4) To keep constantly in his office a well-arranged docket, showing the date of the issue
and return of all process, the day set for the hearing, the kind of...
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12-17-94
Section 12-17-94 Duties generally. (a) The duties of the clerks of the circuit court
include all of the following: (1) To sign and issue all summons, subpoenas, writs, executions,
and other processes, under the authority of the court. (2) To keep a consolidated docket sheet
of civil and criminal cases, the names of the parties, the character of action or offense,
the names of the attorneys and the sheriff's return, which shall be entered in all civil and
criminal cases standing for trial, in the order in which they are brought, and the bench notes,
orders, rulings on motions and pleadings, other preliminary matters and final judgment which
have been made in each case by the judge, which shall be the official minutes. (3) To keep
all papers, books, dockets, and records belonging to their office with care and security,
with the papers filed, arranged, numbered, and labeled, so as to be of easy reference, and
the books, dockets and records properly lettered. Parties shall be allowed to...
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