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36-11-9
Section 36-11-9 Proceedings in Supreme Court - Issuance and service of order to appear and
answer information, summons and copy of information; setting of trial date, granting of continuances,
etc. If such information shall be filed under Section 174 of Article 7 of the constitution,
the Supreme Court, in term time, or a justice thereof, in vacation, shall make an order requiring
the officer proceeded against to appear at a place and on a day, which may be either in term
time or vacation, to be specified in the order and answer the information. The clerk of the
court shall issue a summons, in which shall be set forth a copy of the order, directed to
any sheriff of the State of Alabama, which, together with a copy of the information, shall
be served on the defendant. If the summons is served 20 days before the day specified in the
order, the defendant shall answer the information on the day specified; and, if the summons
is served less than 20 days before the day so specified, the...
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6-5-465
Section 6-5-465 Survival - Substitution of personal representative where no action filed. If
a claim upon which no action has been filed survives on the death of a defendant, substitution
of his personal representative may be effected under the Alabama Rules of Civil Procedure;
but final judgment must not be entered against a personal representative if he objects until
after the expiration of six months from the grant of letters testamentary or of administration.
(Code 1852, §2148; Code 1867, §2544; Code 1876, §2910; Code 1886, §2606; Code 1896, §41;
Code 1907, §2500; Acts 1915, No. 533, p. 605; Code 1923, §5716; Acts 1931, No. 717, p. 837;
Code 1940, T. 7, §154.)...
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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted of
an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that
constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less
in any court having jurisdiction to try offenses against the State of Alabama and the judge
presiding over the case is satisfied that the ends of justice and the best interests of the
public as well as the defendant will be served thereby, he or she may order: (1) That a defendant
convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or
treatment institution for a period not exceeding three years in cases where the imposed sentence
is not more than 15 years, and that the execution of the remainder of the sentence be suspended
notwithstanding any provision of the law to the contrary and that the defendant be placed
on probation for such period and upon such terms as the court...
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15-27-4
Section 15-27-4 Administrative filing fee; indigency. (a) In addition to any cost of court
or docket fee for filing the petition in circuit court, an administrative filing fee of three
hundred dollars ($300) shall be paid at the time the petition is filed and is a condition
precedent to any ruling of the court pursuant to this chapter. The administrative filing fee
shall not be waived by the court and shall be distributed as follows: (1) Seventy-five dollars
($75) to the State Judicial Administrative Fund. (2) Twenty-five dollars ($25) to the Alabama
Department of Forensic Sciences. (3) Fifty dollars ($50) to the district attorney's office.
(4) Fifty dollars ($50) to the clerk's office of the circuit court having jurisdiction over
the matter, for the use and benefit of the circuit court clerk. (5) Fifty dollars ($50) to
the Public Safety Fund. (6) Fifty dollars ($50) to the general fund of the county where the
arresting law enforcement agency is located if the arrest was made by the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-27-4.htm - 2K - Match Info - Similar pages
26-10A-31
Section 26-10A-31 Confidentiality of records, hearing; parties. (a) After the petition is filed
and prior to the entry of the final decree, the records in adoption proceedings shall be open
to inspection only by the petitioner or his or her attorney, the investigator appointed under
Section 26-10A-19, any attorney appointed for the adoptee under Section 26-10A-22, and any
attorney retained by or appointed to represent the adoptee. Such records shall be open to
other persons only upon order of court for good cause shown. (b) All hearings in adoption
proceedings shall be confidential and shall be held in closed court without admittance of
any person other than interested parties and their counsel, except with leave of court. (c)
After the final decree of adoption has been entered, all papers, pleadings, and other documents
pertaining to the adoption shall be sealed, kept as a permanent record of the court, and withheld
from inspection except as otherwise provided in this section and in...
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26-2B-203
Section 26-2B-203 Jurisdiction. (a) A court of this state has jurisdiction to appoint a guardian
or issue a protective order for a respondent if: (1) this state is the respondent's home state;
(2) on the date the petition is filed, this state is a significant-connection state and: (A)
the respondent does not have a home state or a court of the respondent's home state has declined
to exercise jurisdiction because this state is a more appropriate forum; or (B) the respondent
has a home state, a petition for an appointment or order is not pending in a court of that
state or another significant-connection state and before the court makes the appointment or
issues the order: (i) a petition for an appointment or order is not filed in the respondent's
home state; (ii) an objection to the court's jurisdiction is not filed by a person required
to be notified of the proceeding; and (iii) the court in this state concludes that it is an
appropriate forum under the factors set forth in Section...
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43-2-697
Section 43-2-697 Notice to Medicaid Agency of appointment as personal representative or filing
of petition under Section 43-2-692. (a) The personal representative, or person filing to initiate
a proceeding in accordance with the Alabama Small Estates Act, Division 10 of this article,
shall give notice of his or her appointment, or the filing of a petition in accordance with
Section 43-2-692, to the Medicaid Agency. The notice shall include all of the following information:
(1) The full legal name of the deceased. (2) The date of birth of the deceased. (3) The date
of death of the deceased. (4) The Social Security number of the deceased. (5) The marital
status of the deceased at the time of death. (6) The name, address, and phone number of the
spouse of the deceased, if applicable. (7) The court in which a probate estate has been opened.
(8) The probate case number. (9) The date on which letters testamentary or letters of administration
were issued by the probate court. (10) The name,...
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41-9-85.5
Section 41-9-85.5 Provisional remedies. (a) The Securities Commission, acting on behalf of
a victim of a crime, may apply for any and all provisional remedies that are also otherwise
available to the victim. (b) The provisional remedies of attachment, injunction, receivership,
and notice of pendency available to the victim of the crime under existing law and the Alabama
Rules of Civil Procedure shall also be available to the Securities Commission in all actions
under this division. (c) Upon the filing of a motion for a provisional remedy, the moving
party shall state whether any other provisional remedy has previously been sought in the same
action against the same defendant. The court may require the moving party to elect between
those remedies to which it would otherwise be entitled. (Act 2019-538, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-9-85.5.htm - 1K - Match Info - Similar pages
10A-2-13.30
Section 10A-2-13.30 Court action. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94 EFFECTIVE
JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) If a demand for payment under
Section 10A-2-13.28 remains unsettled, the corporation shall commence a proceeding within
60 days after receiving the payment demand and petition the court to determine the fair value
of the shares and accrued interest. If the corporation does not commence the proceeding within
the 60 day period, it shall pay each dissenter whose demand remains unsettled the amount demanded.
(b) The corporation shall commence the proceeding in the circuit court of the county where
the corporation's principal office, or, if none in this state, its registered office, is located.
If the corporation is a foreign corporation without a registered office in this state, it
shall commence the proceeding in the county in this state where the registered office of the
domestic corporation merged with or whose shares were...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/10A-2-13.30.htm - 3K - Match Info - Similar pages
12-11A-3
Section 12-11A-3 Registration; petition for appointment. (a) A former judge qualified under
this chapter who wishes to serve as a private judge must register with the Director of the
Alabama Center for Alternative Dispute Resolution. The director shall verify that the former
judge is qualified to serve as a private judge and shall compile and periodically update a
list of registered private judges. The list of registered private judges shall be made available
by the center to the public and to all actively serving judges in the state. The center may
charge private judges an annual registration fee. (b) If the parties to an action wish to
have the action heard before a private judge, all parties shall submit to the circuit clerk
of the court in which the action is pending a written petition for the appointment of a private
judge and consent to appointment from the private judge selected as described in subdivision
(1) of subsection (b) of Section 12-11A-2. (c) The clerk shall forward...
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