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22-20A-7
Section 22-20A-7 Enforcement. The State Health Officer may apply for and the court may
grant a temporary restraining order or permanent injunction restraining any person from violating
or continuing to violate any of the provisions of this article or any rule promulgated under
this article, notwithstanding the existence of other remedies at law. The injunction shall
be issued without bond in the county where the violation occurred. (Act 2009-582, p. 1715,
§7.)...
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11-51-154
Section 11-51-154 Bond to dissolve temporary injunctive relief - Execution; security;
exception. (a) When the court has granted a temporary restraining order or preliminary injunction,
it shall not be dissolved until the respondent has executed a bond in an amount fixed by the
court with sufficient surety to be approved by the register or clerk, containing a waiver
of exemptions as to personal property, conditioned to pay such judgment and lawful court costs
as the court upon final hearing may enter against the respondent, except as provided below.
(b) The surety bond required to be made in this section shall remain in full force
and effect as security for any judgment and court costs the court may enter and tax against
the respondent, but if the respondent takes an appeal and gives a supersedeas bond, upon affirmance
of the appeal, the surety bond provided by this section shall become null and void.
(c) The respondent shall not, however, be required to post the surety bond required in...
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6-5-145
Section 6-5-145 Issuance and return of temporary restraining order; return of inventory;
contempt for violation of restraining order. (a) Where such application for a preliminary
injunction has been made, the court or judge thereof may, on the application of the plaintiff,
issue an ex parte temporary restraining order, restraining the defendants and all other persons
from the moving, or in any manner interfering with, the personal property and contents of
the place where such nuisance is alleged to exist until the decision of the court or judge
granting or refusing such preliminary injunction and until the further order of the court
thereon. (b) The restraining order may be served by handing to and leaving a copy of said
order with any person in charge of said place or residing therein or by posting a copy thereof
in a conspicuous place at, or upon one or more of the principal doors or entrances to such
places, or the judge may order it served on the parties defendant. (c) The officer...
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6-5-156
Section 6-5-156 Security bond. No security bond shall be required to issue a preliminary
injunction or temporary restraining order sought by the Attorney General, district attorney,
or an attorney appearing for the county or municipality. Otherwise, at the discretion of the
court, a security bond may be required to issue a preliminary injunction or temporary restraining
order. Where relief is issued after an evidentiary hearing at which witnesses are subject
to cross examination, the court shall not require a security bond in excess of one thousand
dollars ($1,000). (Acts 1996, No. 96-566, p. 849, §11.)...
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8-17-92
Section 8-17-92 Injunctive relief. (a) In addition to penalty and other enforcement
provisions of this division and notwithstanding the existence of another adequate remedy,
the circuit court shall have jurisdiction for cause shown to grant a temporary restraining
order or permanent injunction, or both, restraining and enjoining any person from violation
or continuing to violate any requirements of this division declared to be unlawful. (b) Any
such person may also be restrained or enjoined from selling, offering for sale, storing, or
using any petroleum product without having a permit as required by Section 8-17-96,
from selling, distributing, offering for sale, storing, or using in this state any petroleum
product upon which the inspection fee imposed by Section 8-17-87 is not paid or from
otherwise violating any of the provisions and requirements of this chapter. (c) Such injunction
or restraining order shall be issued without bond. (d) Any action commenced under this section
shall...
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2-12-12
Section 2-12-12 Injunction. In addition to the penalty provided in this article the
Commissioner of Agriculture and Industries may apply by petition to a circuit court, and such
court or the judge thereof shall have jurisdiction for cause shown, to grant a temporary restraining
order or permanent injunction or both restraining any person from violating or continuing
to violate any of the provisions of this article or from failing or refusing to comply with
the provisions of this article or any rules or regulations duly promulgated under the provisions
of this article. Such a temporary restraining order or permanent injunction shall be issued
without bond. (Acts 1955, 2nd Ex. Sess., No. 46, p. 152, §14.)...
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6-5-160.2
Section 6-5-160.2 Security bond for preliminary injunction, etc. No security bond shall
be required to issue a preliminary injunction or temporary restraining order sought by the
Attorney General, district attorney, or an attorney appearing for the county or municipality.
At the discretion of the court, a security bond may be required to issue a preliminary injunction
or temporary restraining order. Where relief is issued after an evidentiary hearing at which
witnesses are subject to cross examination, the court may not require a security bond in excess
of one thousand dollars ($1,000). (Act 98-467, p. 893, §3.)...
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9-17-18
Section 9-17-18 Injunctions - Appeals. In any civil action where the board, in the name
of the state, seeks enforcement of this article or of any rule, regulation or order issued
under this article, as provided in Section 9-17-17 or in any civil action where an
interested party seeks to test the validity of or enjoin the enforcement of this article or
any rule, regulation or order issued under this article as provided in Section 9-17-16,
either party shall have the right of an immediate appeal to the Supreme Court from any judgment
or order therein granting or refusing an injunction, whether temporary restraining order,
preliminary injunction or permanent injunction, or other character of injunctive relief, or
from any order granting or overruling a motion to dissolve such injunction. The manner of
presenting any appeal as provided for in this section shall be governed by the provisions
of the rules and laws of the State of Alabama regulating appeals in injunction proceedings.
(Acts...
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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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13A-5-47
Section 13A-5-47 Determination of sentence by court; presentation of arguments on aggravating
and mitigating circumstances; court to enter written findings. (a) After the sentence hearing
has been conducted, and after the jury has returned a verdict, or after such a verdict has
been waived as provided in Section 13A-5-46(a) or Section 13A-5-46(g), the trial
court shall impose sentence. Where the jury has returned a verdict of death, the court shall
sentence the defendant to death. Where a sentence of death is not returned by the jury, the
court shall sentence the defendant to life imprisonment without parole. This code section
shall not affect a trial court's power to sentence in accordance with a guilty plea. (b) Where
the sentencing jury is waived pursuant to Section 13A-5-44 and before imposing sentence
the trial court shall permit the parties to present arguments concerning the existence of
aggravating and mitigating circumstances and the proper sentence to be imposed in the case....
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