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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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35-6-44
Section 35-6-44 Proceedings against unknown persons and certain other parties defendant. When
it is necessary to make any persons defendant to a petition in the probate court filed for
the partition of property or for a sale thereof because it cannot be equitably divided, and
the names of all or any of such persons are unknown to the petitioner and cannot be ascertained
on diligent inquiry, if the petitioner shall state in a petition, or in an affidavit thereto
annexed, that the names of such persons are unknown, and that he has made diligent inquiry
to ascertain the same, proceedings may be had against them without naming them; and the judge
of probate must make publication as in case of nonresident defendants, describing such unknown
parties as near as may be by the character in which they are sued, and with reference to their
title or interest in the property sought to be partitioned or to be sold for division of the
proceeds. Should petitioner, after exercising reasonable diligence...
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13A-5-53
Section 13A-5-53 Appellate review of death sentence; scope; remand; specific determinations
to be made by court; authority of court following review. (a) In any case in which the death
penalty is imposed, in addition to reviewing the case for any error involving the conviction,
the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall
also review the propriety of the death sentence. This review shall include the determination
of whether any error adversely affecting the rights of the defendant was made in the sentence
proceedings, whether the trial court's findings concerning the aggravating and mitigating
circumstances were supported by the evidence, and whether death was the proper sentence in
the case. If the court determines that an error adversely affecting the rights of the defendant
was made in the sentence proceedings or that one or more of the trial court's findings concerning
aggravating and mitigating circumstances were not supported by the...
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15-27-3
Section 15-27-3 Submission of sworn statement and records; service. (a) A petition filed under
this chapter shall include a sworn statement made by the person seeking expungement under
the penalty of perjury stating that the person has satisfied the requirements set out in this
chapter and whether he or she has previously applied for an expungement in any jurisdiction
and whether an expungement has been previously granted. (b) The petitioner shall include a
certified record of arrest, disposition, or the case action summary from the appropriate agency
for the court record the petitioner seeks to have expunged as well as a certified official
criminal record obtained from the Alabama Criminal Justice Information Center. In addition
to setting forth grounds for the court to consider, the petitioner shall specify what criminal
charges from the record are to be considered, further specify the agency or department that
made the arrest and any agency or department where the petitioner was...
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38-9F-7
Section 38-9F-7 Hearing; temporary ex parte protection 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 from abuse.
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 may make or extend temporary ex parte
protection orders under subsection (b) as it deems reasonably...
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26-10A-26
Section 26-10A-26 Appeals. (a) Appeals from any final decree of adoption shall be taken to
the Alabama Court of Civil Appeals and filed within 14 days from the final decree. (b) An
appeal from any final order or decree rendered under this chapter shall have priority in all
courts and shall have precedence over all other matters, except for other matters which have
been given priority by specific statutory provision or rule of court. The trial court may
enter further orders concerning the custody of the adoptee pending appeal. (c) If an order,
judgment, or decree rendered under this chapter is appealed, the party who files the appeal
shall cause notice of the appeal to be transmitted to all persons entitled to receive notice
pursuant to Section 26-10A-17, except for persons for whom consent or relinquishment has been
implied under Section 26-10A-9 or whose consent or relinquishment is not required under Section
26-10A-10. Such notice of appeal shall set forth the pendency of the appeal...
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6-6-351
Section 6-6-351 Writs of restitution or possession - Suspension upon payment of rent by defendant.
(a) Notwithstanding any other provisions of law or of the Alabama Rules of Civil Procedure,
in cases of forcible entry or unlawful detainer, an appeal to circuit court or to appellate
court does not prevent the issue of a writ of restitution or possession unless the defendant
pays to the clerk of the district court all rents called for under the terms of the lease,
since the date of the filing of the action and continues to pay all rent that becomes due
and payable under the terms of the lease as they become due, during the pendency of the appeal,
and the sums are to be ascertained by the judge. (b) If the defendant should fail to make
any payments as they become due under subsection (a), the court shall issue a writ of restitution
or possession and the plaintiff shall be placed in full possession of the premises. (c) Upon
disposition of the appeal, the court shall direct the clerk as to...
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13A-8-117
Section 13A-8-117 Forfeiture of certain computers, software, etc. (a) On conviction of a violation
of this article or any other violation of the criminal laws of Alabama, the court shall order
that any computer, computer system, computer network, instrument of communication, software
or data that was owned or used by the defendant with the owner's knowledge of the unlawful
act or where the owner had reason to know of the unlawful act, and that was used in the commission
of the offense be forfeited to the State of Alabama and sold, destroyed, or otherwise properly
disposed. If the defendant is a minor, it also includes the above listed property of the parent
or guardian of the defendant. The manner, method, and procedure for the forfeiture and condemnation
or forfeiture of such thing shall be the same as that provided by law for the confiscation
or condemnation or forfeiture of automobiles, conveyances, or vehicles in which alcoholic
beverages are illegally transported. If the computer,...
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15-1-3
Section 15-1-3 Foreign language interpreters. (a)(1) If at any stage of a criminal proceeding,
protection from abuse proceeding, or juvenile court proceeding or during the juvenile court
intake process conducted pursuant to Sections 12-15-118 and 12-15-120 and Rule 12 of the Alabama
Rules of Juvenile Procedure, the defendant, juvenile, complainant, petitioner, or a witness
informs the court that he or she does not speak or adequately understand the English language,
the court may appoint an interpreter. (2) The defendant, juvenile, complainant, petitioner,
or witness shall inform the appropriate court of his or her need for an interpreter immediately
upon receiving notice to appear in the court. (3) If the court determines that due process
considerations require an interpreter, the court shall appoint a qualified person to interpret
the proceedings for the defendant, juvenile, complainant, petitioner, or witness requesting
assistance. The interpreter shall also interpret the testimony...
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22-52-10.9
Section 22-52-10.9 Order finding defendant insane, mentally incompetent, etc., to be entered
into information systems; civil review. (a)(1) Upon any finding that a defendant is insane,
mentally incompetent, or not guilty by reason of mental disease or defect pursuant to Chapter
16 of Title 15, or the Alabama Rules of Criminal Procedure, the judge shall immediately forward
the order of the finding to the Alabama Law Enforcement Agency and the order shall be entered
in its information systems. The order shall be forwarded to the Alabama Law Enforcement Agency
in the manner as the Alabama Justice Information Center Commission shall provide. (2) The
Alabama Law Enforcement Agency, as soon as possible thereafter, shall enter the order in the
National Instant Criminal Background Check System (NICS) and the information shall be entered
into the NICS Index Denied Persons File. (3) The records maintained pursuant to this section
shall only be used for purposes of determining eligibility to...
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