Code of Alabama

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6-6-78
Section 6-6-78 Order for receipt of sale proceeds by plaintiff pending action upon executing
refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
(a) When property levied on under an attachment has been sold pending the action, on motion
of the plaintiff, the judge of the court to which the attachment is returnable must, at any
time after 30 days from the levy, make and cause to be entered upon the minutes of the court
an order directing the officer having in his hands the proceeds of sale, after reserving an
amount to be fixed in the order to cover the probable costs and charges in the case, to pay
over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount
of the plaintiff's demand, to be stated in the order, upon his giving bond in double the amount
of the money to be paid over, payable to the defendant with sufficient surety to be approved
by such officer and with condition that if he is cast in the...
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11-23-3
Section 11-23-3 Public hearing required; resolution of designation by county commission; filing
of maps, etc. Before any designation is made of an industrial park or any change is made of
the boundaries of an existing one, the county commission shall hold not less than one public
hearing thereon. The county commission shall give notice of the purpose, time and place of
the public hearing by one publication in a newspaper of general circulation throughout the
county not less than 10 days prior to the date set for the hearing. The designation of an
industrial park or any change of the boundaries of an existing one shall be by resolution
of the county commission. The resolution shall refer expressly to the map or maps and descriptive
and other matter related to the industrial park, and the action taken by the county commission
shall be recorded on the map or maps and descriptive and other matter by the identifying signature
of the presiding officer of the county commission. Certified...
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12-11-30
Section 12-11-30 Generally. (1) CIVIL. The circuit court shall have exclusive original jurisdiction
of all civil actions in which the matter in controversy exceeds twenty thousand dollars ($20,000),
exclusive of interest and costs, and shall exercise original jurisdiction concurrent with
the district court in all civil actions in which the matter in controversy exceeds six thousand
dollars ($6,000), exclusive of interest and costs. (2) CRIMINAL. The circuit court shall have
exclusive original jurisdiction of all felony prosecutions and of misdemeanor or ordinance
violations which are lesser included offenses within a felony charge or which arise from the
same incident as a felony charge; except, that the district court shall have concurrent jurisdiction
with the circuit court to receive pleas of guilty in felony cases not punishable by sentence
of death. The circuit court may, on conviction of a defendant, upon a showing of inability
to make immediate payment of fine and costs,...
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12-15-303
Section 12-15-303 Transfer of dependency proceedings between juvenile courts within the state.
(a) If a dependency proceeding is commenced in a county other than the county of the residence
of the child, the juvenile court in which the proceedings were commenced, on its own motion
or a motion of a party and after consultation with the receiving juvenile court, may transfer
the proceeding before or after adjudication to the county of the residence of the child for
the purpose of adjudication, disposition, supervision, or review as mandated by federal and
state law for children in foster care or in the custody of the state, or any combination thereof.
(b) For purposes of this section, county of the residence of the child means the county in
which the child and legal custodian have established legal residence or have resided for six
or more months of a calendar year. This term shall not include placements by a state department
or agency. (c) Certified copies of all legal and social...
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12-19-150
Section 12-19-150 Legislative intent; assessment of fees in criminal cases; submission of cost
bill by municipal or district court clerk and making of final assessment of costs in circuit
court upon appeals from municipal or district courts to circuit courts. (a) It is hereby declared
to be the policy of the state that docket fees and other court costs in criminal cases shall
generally be assessed only upon conviction. It is further declared to be the policy of the
state that a creditor shall not use the criminal process in order to collect civil debts.
The state does recognize that situations will arise from time to time wherein justice may
best be served by allowing a judge to enter an order dismissing a case upon the payment of
costs by the defendant or by the complainant where the judge has determined that the criminal
process has been abused. (b) Docket fees and other court costs in criminal cases shall be
assessed upon conviction; provided that, in the interest of justice,...
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12-19-26
Section 12-19-26 Administrative fee for periodic payments; payment to General Fund; notice
of fee. (a) There is hereby imposed an administrative fee of $1.00 to be collected by the
clerks of the circuit and district courts and the registers of the circuit courts for the
receipt and disbursement of each periodic payment made to their offices under any order, decree
or judgment of the circuit or district court which provides for periodic and continuing payments
of alimony, child support, or court-ordered restitution, except for payments received from
a responding state pursuant to Sections 30-4-80 through 30-4-98. Said fee shall be collected
from the individual responsible for the periodic payments at the time each payment is receipted
through the office of the clerk or register, whether such payment is collected for the benefit
of a private individual or the state, including any department or agency thereof and whether
the duty to collect such payments is imposed upon the clerk or...
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12-21-6
Section 12-21-6 Copy of hospital records - Subpoena duces tecum; inspection; form; weight.
(a) A certified copy of said hospital records may be procured by any litigant in any court
of competent jurisdiction in the state by subpoena duces tecum, and when any such subpoena
duces tecum is issued for said hospital records, the custodian of said hospital records shall
prepare a copy of said hospital records as provided in this subsection and securely seal the
same in an envelope or other container and date and fill out and sign a certificate in substantially
the form provided in Section 12-21-7 and place on, or securely fasten said certificate to
the outside of, said envelope or container in which said copy of said hospital records are
placed and deliver the same to the clerk or register of the court hearing, or to hear or to
try, the case or proceeding in which the records are sought, and he shall not otherwise be
required to appear in court unless thereafter ordered to do so by the...
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15-18-75
Section 15-18-75 Civil action by victim of crime; credit for restitution paid. Nothing in this
article limits or impairs the right of a person injured by a defendant's criminal activities
to sue or recover damages from the defendant in a civil action. Evidence that the defendant
has paid or has been ordered to pay restitution pursuant to this article may not be introduced
in any civil action arising out of the facts or events which were the basis for the restitution.
However, the court shall credit any restitution paid by the defendant to a victim against
any judgment in favor of the victim in such civil action. If conviction in a criminal trial
necessarily decides the issue of a defendant's liability for pecuniary damages for a victim,
that issue is conclusively determined as to the defendant, if it is involved in a subsequent
civil action. (Acts 1980, No. 80-588, p. 928, ยง11.)...
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27-2-15
Section 27-2-15 Records, documents, and files - Use as evidence. (a) Photographs or microphotographs
in the form of film or prints of documents and records made under subsection (c) of Section
27-2-14 shall have the same force and effect as the originals thereof and shall be treated
as originals for the purpose of their admissibility in evidence. Duly certified or authenticated
reproductions of such photographs or microphotographs shall be as admissible in evidence as
the originals. (b) Upon request of any person and payment of the applicable fee, the commissioner
shall give a certified copy of any record in his office which is then subject to public inspection.
(c) Copies of original records or documents in his office certified by the commissioner shall
be received in evidence in all courts as if they were originals. (d) If at any time the commissioner
or any deputy, assistant, examiner, or other employee of the department is required by subpoena
duces tecum to produce in any court or...
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28-4-288
Section 28-4-288 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending appeal; proceedings upon failure of bondsmen to deliver said vehicle, etc.,
upon affirmance of judgment upon appeal, etc. Whenever a conveyance, vehicle of any kind or
animal used in drawing the same is seized by an officer of the state under the prohibition
laws of this state and has been condemned by the circuit court that tried the action, the
defendant in the proceedings or the claimant of the property, pending an appeal to the Supreme
Court or Court of Civil Appeals, may, upon motion, have the court immediately appraise the
value of said property and of the several items separately and shall have the right to execute
a bond with two good sureties in double the appraised value of such property or of any item
or items thereof, to be approved by the clerk or register of the circuit court, conditioned,
in the event the appeal is affirmed or reversed and the conveyance, vehicle,...
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