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13A-12-57
Section 13A-12-57 Trial; defendant bound over. The court shall thereupon proceed to
hear the evidence in the case, and, if probable cause is shown for believing said parties
or any of them to be guilty, he shall bind them over under proper bond to await the action
of the grand jury in accordance with the laws of the state as prescribed in preliminary examinations
before courts authorized by law to conduct preliminary examinations, and all rules of procedure
applicable to such preliminary examinations shall be likewise applicable to proceedings under
this division. (Acts 1909, No. 193, p. 183; Code 1923, §4289; Code 1940, T. 14, §301; Code
1975, §13-7-98.)...
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28-4-223
Section 28-4-223 Issuance of preliminary injunction generally. When a petition making
a prima facie case and properly verified is presented to the judge of the court wherein the
petition is filed or is to be filed or other judge authorized by the law of the state to grant
a preliminary injunction, such judge may, after notice to the adverse party and a hearing,
issue a preliminary injunction, and the judge shall direct the terms of the preliminary injunction
so as to carry out the purposes of the law, which is to secure the restraint and abatement
of such liquor nuisances on the premises. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p.
8; Code 1923, §4674; Code 1940, T. 29, §144.)...
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6-5-150
Section 6-5-150 Grant and effect of permanent injunction. If upon the final hearing
the allegations are sustained to the satisfaction of the court or judge, the court or judge
shall enter a judgment restraining the defendants and all other persons from continuing the
nuisance. When any injunction has been granted, it shall be binding on the defendants throughout
the county. Any violation thereof shall be contempt of court and punished as provided in Section
6-5-154. (Acts 1919, No. 53, p. 52; Code 1923, §9289; Code 1940, T. 7, §1100.)...
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30-5-8
Section 30-5-8 Notice of hearing or other order to be sent to parties; registration
of information; automated process; additional fines. (a)(1) A copy of any notice of hearing
or any protection order under this chapter shall be sent to the plaintiff within 24 hours
of issuance, provided the plaintiff provides the court with current and accurate contact information,
and to the law enforcement officials with jurisdiction over the residence of the plaintiff.
The clerk of the court may furnish a certified copy of the notice of final hearing or protection
order, if any, electronically. (2) A copy of the petition and ex parte protection order, if
issued, under this chapter shall be served upon the defendant as soon as possible pursuant
to Rule 4 of the Alabama Rules of Civil Procedure. A copy of the notice of final hearing and
any other order under this chapter shall be issued to the defendant as soon as possible. (3)
Certain information in these cases shall be entered in the Protection...
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37-1-150
Section 37-1-150 Bond as condition precedent to issuance of injunction or restraining
order. No judge or court shall grant any preliminary injunction or interlocutory order or
process suspending or restraining any rate or order of the Public Service Commission entered
pursuant to the provisions of this title without requiring as a condition precedent to the
issue of such injunction, order or process, that the company, corporation or person seeking
the same shall, if the injunction or restraining order applied for is for the purpose of restraining
the enforcement of any such rate or order, execute and file with the clerk or register of
said court a good and sufficient bond with sureties, payable to the State of Alabama, in like
amount and payable as provided in respect to supersedeas bonds. The failure to give the injunction
bond or subsequent bonds as provided for in this division shall immediately vacate and render
null and void such injunction or restraining order. (Code 1907,...
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13A-5-46
Section 13A-5-46 Sentence hearing - Conducted before jury unless waived; trial jury
to sit unless impossible or impracticable; separation of jury; instructions to jury; advisory
verdicts; vote required; mistrial; waiver of right to advisory verdict. (a) Unless both parties
with the consent of the court waive the right to have the sentence hearing conducted before
a jury as provided in Section 13A-5-44(c), it shall be conducted before a jury which
shall return a verdict as provided by subsection (e) of this section. If both parties
with the consent of the court waive the right to have the hearing conducted before a jury,
the trial judge shall proceed to determine sentence without a verdict from a jury. Otherwise,
the hearing shall be conducted before a jury as provided in the remaining subsections of this
section. (b) If the defendant was tried and convicted by a jury, the sentence hearing
shall be conducted before that same jury unless it is impossible or impracticable to do so.
If it...
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15-18-67
Section 15-18-67 Restitution hearing; order of restitution; persons entitled to be heard.
When a defendant is convicted of a criminal activity or conduct which has resulted in pecuniary
damages or loss to a victim, the court shall hold a hearing to determine the amount or type
of restitution due the victim or victims of such defendant's criminal acts. Such restitution
hearings shall be held as a matter of course and in addition to any other sentence which it
may impose, the court shall order that the defendant make restitution or otherwise compensate
such victim for any pecuniary damages. The defendant, the victim or victims, or their representatives
or the administrator of any victim's estate as well as the district attorney shall have the
right to be present and be heard upon the issue of restitution at any such hearings. (Acts
1980, No. 80-588, p. 928, §3.)...
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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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2-31-19
Section 2-31-19 Injunction. The commissioner may apply for and the circuit court shall
grant a temporary or permanent injunction restraining any person from violating or continuing
to violate any of the provisions of this article or any rules and regulations promulgated
under this article notwithstanding the existence of other remedies at law. Any such injunction
is to be issued without bond. (Acts 1981, No. 81-391, p. 611, §19.)...
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12-22-194
Section 12-22-194 Report on financial condition of petitioner. The trial court, either
before, after or during said hearing, may designate a probation officer of the court or may
designate the county Department of Human Resources to make inquiry and ascertain facts concerning
the financial condition and ability of defendant or petitioner, and it shall be the duty of
such agencies to investigate and file a written report of its findings with the trial judge.
Such report shall state with certainty any and all sources from which the defendant or petitioner
could be expected to obtain financial aid to pay such fees. (Acts 1961, Ex. Sess., No. 62,
p. 1930, §5; Acts 1963, No. 525, p. 1129, §5.)...
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