12-26-4
Section 12-26-4 Petition for order of limited relief - Federal conviction. (a) An individual
who has been convicted in federal court may file a petition to obtain an order of limited
relief in the circuit civil court in the judicial circuit where the individual resides. (b)
The circuit court shall have original jurisdiction of any petition to obtain an order of limited
relief, as described in subsection (a). (Act 2019-464, §4.)...
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12-26-6
Section 12-26-6 Petition for order of limited relief - Exceptions. (a) An individual may not
file a petition to obtain an order of limited relief in any of the following circumstances:
(1) If the petitioner is serving a custodial sentence with more than six months remaining.
(2) If the petitioner is currently charged with a felony. (3) If the petitioner is currently
charged with a Class A misdemeanor that is alleged to have occurred within the past 12 months.
(b) An individual may not file a petition to obtain an order of limited relief if a separate
petition covering the same conviction or convictions has been filed in another circuit. (c)
A court's rejection of a petition to obtain an order of limited relief on its merits shall
be preclusive as to the related convictions for a period of two years, unless otherwise ordered
at the court's discretion. (Act 2019-464, §6.)...
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22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court; special
judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order may be
filed by the director of a state mental health facility or his designee at least 30 days prior
to the expiration of the current commitment order. The petition, together with a copy of the
original commitment order and copies of any subsequent renewal commitment orders, shall be
filed with the probate court of the county where the facility is located. The petition shall
explain in detail why renewal of the order is being requested, and shall further explain in
detail why less restrictive conditions of treatment are not appropriate. (b) Such probate
court may consider, hear, and enter appropriate orders pursuant to this section or may request
that the case be heard by a special judge of probate. (c) Whenever and wherever it shall become
necessary that a special judge of probate be provided to hear and...
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26-2A-115
Section 26-2A-115 Hearing; orders. (a) In ruling on the petition, the court shall conduct a
hearing to determine whether the ward has sufficient capacity to make a knowing and intelligent
visitation decision based on evidence presented. (b) If the court determines that the ward
has sufficient capacity to make a knowing and intelligent visitation decision and the ward
expresses a desire for visitation with the petitioner, the court shall order visitation. (c)
If the court determines that the ward has sufficient capacity to make a knowing and intelligent
visitation decision, but does not desire visitation with the petitioner, the court shall not
order visitation. (d) If the court determines that the ward does not have capacity to make
a knowing and intelligent visitation decision, the court shall determine whether to order
visitation based on the best interest of the ward as determined by the evidence presented
to the court. (e) The court shall order the petitioner to pay the court costs...
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26-2A-135
Section 26-2A-135 Procedure concerning hearing and order on original petition. (a) Upon receipt
of a petition for appointment of a conservator or other protective order because of minority,
the court shall set a date for hearing. If the court determines at any time in the proceeding
that the interests of the minor are or may be inadequately represented, it may appoint an
attorney to represent the minor, giving consideration to the choice of the minor if 14 or
more years of age. An attorney appointed by the court to represent a minor may be granted
the powers and duties of a guardian ad litem. (b) Upon receipt of a petition for appointment
of a conservator or other protective order for reasons other than minority, the court shall
set a date for hearing. Unless the person to be protected has chosen counsel, the court shall
appoint an attorney to represent the person who may be granted the powers and duties of a
guardian ad litem. If the alleged disability is mental illness, mental...
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42-2-6
Section 42-2-6 Conduct of hearing; order granting or refusing application; appeal from grant
or refusal of application. On the day appointed or any other day to which the hearing may
be continued, the court must hear the allegations of the application and any objections which
may be filed to the granting thereof and any legal evidence touching the same, and shall make
an order granting or refusing the application. The hearing herein provided for must in all
respects be conducted and evidence taken as in civil cases, and either party may, by bill
of exception, reserve any opinion or decision of the court. Either party is entitled to an
appeal to the Supreme Court from the order of the court granting or refusing the application
within 42 days from the making thereof. (Code 1907, §§2419, 2420; Code 1923, §§3153, 3154;
Code 1940, T. 59, §§9, 10.)...
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26-1A-116
Section 26-1A-116 Judicial relief. (a) The following persons may petition a court to construe
a power of attorney, determine the validity of a power of attorney, or review the agent's
conduct, and grant appropriate relief: (1) the principal or the agent; (2) a guardian, conservator,
or other fiduciary acting for the principal; (3) a person authorized to make health care decisions
for the principal; (4) the principal's spouse, parent, or descendant; (5) an individual who
would qualify as a presumptive heir of the principal; (6) a person named as a beneficiary
to receive any property, benefit, or contractual right on the principal's death or as a beneficiary
of a trust created by or for the principal that has a financial interest in the principal's
estate; (7) a governmental agency having regulatory authority to protect the welfare of the
principal; (8) the principal's caregiver or another person that demonstrates sufficient interest
in the principal's welfare; (9) a person asked to...
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30-3B-310
Section 30-3B-310 Hearing and order. (a) Unless the court issues a temporary emergency order
pursuant to Section 30-3B-204, upon a finding that a petitioner is entitled to immediate physical
custody of the child, the court shall order that the petitioner may take immediate physical
custody of the child unless the respondent establishes that: (1) The child custody determination
has not been registered and confirmed under Section 30-3B-305 and that: a. The issuing court
did not have jurisdiction under Article 2; b. The child custody determination for which enforcement
is sought has been vacated, stayed, or modified by a court of a state having jurisdiction
to do so under Article 2; or c. The respondent was entitled to notice, but notice was not
given in accordance with the standards of Section 30-3B-108, in the proceedings before the
court that issued the order for which enforcement is sought; or (2) The child custody determination
for which enforcement is sought was registered and...
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30-5-6
Section 30-5-6 Hearing on petition; temporary orders. (a) The court shall hold a hearing after
the filing of a petition under this chapter upon the request of the defendant or within 10
days of the perfection of service. A final hearing shall be set at which the standard of proof
shall be a preponderance of the evidence. If the defendant has not been served, a final hearing
may be continued to allow for service to be perfected. (b) The court may enter such temporary
ex parte protection orders as it deems necessary to protect the plaintiff or children from
abuse, or the immediate and present danger of abuse to the plaintiff or children, upon good
cause shown. The court shall grant or deny a petition for a temporary ex parte protection
order filed under this chapter within three business days of the filing of the petition. Any
granted temporary ex parte protection order shall be effective until the final hearing date.
(c) If a final hearing under subsection (a) is continued, the court...
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43-2-335
Section 43-2-335 Order authorizing hiring of laborers - Petition; notice and hearing. Before
granting such order, the court must require the administrator to file a petition under oath,
setting forth the facts upon which the application is based; and, upon the filing of such
petition, the court must appoint a day for the hearing of the same, and must give 10 days'
notice thereof by advertisement in some newspaper published in the county, or if there be
no newspaper published in the county, then by posting the notice at the courthouse door. On
the day appointed, the court must proceed to hear and determine the same upon the evidence
adduced by the petitioner, or the other parties in interest, and any other evidence that the
court may, in its discretion, cause to be adduced. Unless good cause be shown to the contrary,
the court must grant such order, and must require the petitioner to return a written report
of such hiring under oath, on or before a day specified in such order. (Code...
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