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15-17-5
Section 15-17-5 Grounds for granting new trials; costs thereof. (a) On motion filed within
30 days from entry of judgment, a new trial may be granted for the following grounds: (1)
Irregularity in the proceedings of the court, jury or state or any order of court or abuse
of discretion by which the defendant was prevented from having a fair trial; (2) Misconduct
of the jury or state; (3) Accident or surprise which ordinary prudence could not have guarded
against; (4) That the verdict or decision is not sustained beyond a reasonable doubt or is
contrary to law; (5) Newly discovered evidence, material for the party applying, which he
could not with reasonable diligence have discovered and produced at the trial; and (6) Error
of law occurring at the trial properly preserved by the party making the application. (b)
The court, in granting new trials, may allow the same at the costs of the party applying therefor
or in the costs abiding the event of the case, or a portion of the costs, as the...
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25-5-8
Section 25-5-8 Employers' options to secure payment of compensation. (a) Option to insure risks.
An employer subject to this chapter may secure the payment of compensation under this chapter
by insuring and keeping insured his or her liability in some insurance corporation, association,
organization, insurance association, corporation, or association formed of employers and workers
or formed by a group of employers to insure the risks under this chapter, operating by mutual
assessment or other plans or otherwise. Notwithstanding the foregoing, the insurance association,
organization, or corporation shall have first had its contract and plan of business approved
in writing by the Commissioner of the Department of Insurance of Alabama and have been authorized
by the Department of Insurance to transact the business of workers' compensation insurance
in this state and under the plan. Notwithstanding any other provision of the law to the contrary,
the obligations of employers under law for...
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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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36-25-4
Section 36-25-4 State Ethics Commission - Duties; complaint; investigation; hearings; fees;
finding of violation. (a) The commission shall do all of the following: (1) Prescribe forms
for statements required to be filed by this chapter and make the forms available to persons
required to file such statements. (2) Prepare guidelines setting forth recommended uniform
methods of reporting for use by persons required to file statements required by this chapter.
(3) Accept and file any written information voluntarily supplied that exceeds the requirements
of this chapter. (4) Develop, where practicable, a filing, coding, and cross-indexing system
consistent with the purposes of this chapter. (5) Make reports and statements filed with the
commission available during regular business hours and online via the Internet to public inquiry
subject to such regulations as the commission may prescribe. (6) Preserve reports and statements
for a period consistent with the statute of limitations as...
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38-7-9
Section 38-7-9 License to operate or conduct child-care facility - Revocation or refusal to
renew license - Aggrieved party entitled to hearing; review of final decision or action of
department; bond; when decision may be set aside; section not applicable to boarding homes
and free homes. In the event a party or an applicant for a license or a licensee is denied
a license or a renewal of a license or has a license suspended or revoked for the operation
of a child-care facility required by this chapter to be licensed by the department, or in
the event an application for such a license or renewal of a license is not acted upon with
reasonable promptness, or in the event an approval required by this chapter to be issued by
the department is denied or revoked or unduly delayed, any aggrieved party may appeal to the
department for a fair hearing of his case. Notice and opportunity for a fair hearing and notice
of right to counsel shall be given the appellant by the department, and at this...
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45-11-233
Section 45-11-233 Methods of service. (a) Notices of the requirement of the attendance of jury
service in the Circuit Court of Chilton County may be served by first class mail, or may be
served as provided by Section 12-17-73. If, in the discretion of the sheriff, the service
is made by first class mail, such service shall be made as follows: It shall be the duty of
the sheriff to enclose the summons in an envelope addressed to the person to be served and
place all necessary postage and a return address thereon with notice to the postal authorities
not to forward outside of the county. In the event said jury summons is returned to the sheriff
by the United States Postal Service without delivery, the summons shall be made by the sheriff
returned NOT FOUND. All jury summons not returned by the United States Postal Service shall
be considered for all purposes as sufficient personal and legal service. The provisions of
this section in reference to service by mail, however, shall not apply...
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45-34-80.20
Section 45-34-80.20 Summons; service. (a) Notices of the requirement of the attendance of jury
service in the Circuit Court of Henry County may be served by first class mail or may be served
as provided by the Alabama Rules of Civil Procedure and this code. If, in the discretion of
the sheriff, the service is made by first class mail, such service shall be made as follows.
It shall be the duty of the sheriff to enclose the summons in an envelope addressed to the
person to be served and place all necessary postage and a return address thereon with notice
to the postal authorities not to forward outside of the county. In the event the jury summons
is returned to the sheriff by the post office of the United States without delivery, the summons
shall be made by the sheriff returned NOT FOUND. All jury summons not returned by the post
office shall be considered for all purposes as sufficient personal and legal service. The
provisions of this subsection in reference to service by mail,...
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9-17-16
Section 9-17-16 Injunctions - Issuance against board, etc. (a) No temporary restraining order
or injunction of any kind shall be granted against the board or the members thereof or against
the Attorney General or any district attorney or against any agent, employee or representative
of the board restraining the board or any of its members or any of its agents, employees or
representatives or the Attorney General or any district attorney, from enforcing any of the
provisions of this article or any rule, regulation or order made under this article, except
after due notice to the members of the board and to all other defendants and after a hearing
at which it shall be clearly shown to the court that the act done or threatened is without
sanction of law and, if enforced against the complaining party, will cause an irreparable
injury. The judgment or order of the court granting temporary injunctive relief shall state
the nature and extent of the probable invalidity of any provision of this...
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12-17-226.6
Section 12-17-226.6 Acceptance into program; termination from program; completion of program;
Restorative Justice Initiative; violations of terms or conditions. (a) An offender who enters
into a pretrial diversion program established under this division may satisfy any of the following
requirements: (1) Provide a statement admitting his or her participation in, and responsibility
for, the offense which is the subject of the application for entry into the pretrial diversion
program. The statement provided by the offender shall be admissible in any criminal trial.
(2) Agree, in writing, to the conditions of the pretrial diversion program established by
the district attorney. (3) If there is restitution, agree in writing to a restitution amount
to be paid within a specified period of time, or for restitution to remain open for future
changes due to the nature of the injury or loss pursuant to the agreement. (4) If the investigating
law enforcement agency incurred extraordinary...
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12-17-226.8
Section 12-17-226.8 Fees. (a) An offender may be assessed an administration fee when he or
she is approved for a pretrial diversion program established under this division. The amount
of the fee for participation in the program shall be in addition to any court costs, assessments
for crime victim's compensation fund, Department of Forensic Sciences assessments, drug, alcohol,
or anger management treatments required by law, restitution, or costs of supervision or treatment.
A schedule of payments for any of these fees may be established by the district attorney.
(b) The amount of the administration fee shall be determined by the district attorney. The
administration fees shall not exceed the amount assessed for a first offense pursuant to Section
13A-12-281(a) for each case for which the offender makes application for acceptance into the
pretrial diversion program. (c)(1) An applicant may not be denied access into the pretrial
diversion program based solely on his or her inability to...
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