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43-2-445
Section 43-2-445 Notice and hearing generally; time for hearing; appointment of guardian ad
litem. (a) The court must appoint a day, not less than 30 days from the time of making such
application, for the hearing thereof, and must appoint a proper person, not a petitioner or
of kin to a petitioner, as a guardian ad litem, to represent the minors or persons of unsound
mind, if any there be, and must issue a citation to the heirs or devisees of full age, and
residing in this state, notifying them of the application, and the day appointed for hearing
the same, which must be served on them 10 days before the day appointed for the hearing. (b)
If such application be for the sale of land for the payment of debts, notice must also be
given by publication, once a week for three successive weeks, in some newspaper published
in the county, or by posting up notice at the courthouse door and three other public places
in the county, at the discretion of the court. If no newspaper is published in...
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12-23-4
Section 12-23-4 Court referral officers or contracting entities; appointment; supervision by
Administrative Director of Courts and circuit judges; compensation; duties. (a) The Administrative
Director of Courts is authorized to appoint court referral officers or contract with individuals
or entities to provide alcohol and drug assessment for courts and to conduct the court referral
programs in each court jurisdiction of the state. Such appointments or contracts shall be
made or entered into with the advice of the presiding circuit judge. The Administrative Director
of Courts shall designate the locations where said court referral programs, court referral
officers or contracting entities or individuals shall serve, which designations may be changed
from time to time; provided, however, that all appointed court referral officers and approved
court referral programs shall serve at the pleasure of the Administrative Director of Courts.
Any individual or entity which contracts to conduct...
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13A-5-10.1
Section 13A-5-10.1 Habitual felony offenders - Proof; certified copies of case action summary
sheets, docket sheets, etc. (a) Certified copies of case action summary sheets, docket sheets
or other records of the court are admissible for the purpose of proving prior convictions
of a crime, if the prior conviction is otherwise admissible under the laws of this state.
(b) If the trial court determines that the defendant would be prejudiced by the admission
of the documents described in subsection (a) the court may admit into evidence and inform
the jury of the fact of the conviction but not allow the jury to view the prejudicial documents.
(c) If the document described in subsection (a) indicates that the defendant was represented
by an attorney, it is presumed that the attorney was present in court with the defendant at
all critical stages of the proceeding. (Acts 1987, No. 87-604, p. 1051, ยงยง1-3.)...
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43-2-661
Section 43-2-661 Petition to establish presumption. An executor, administrator or surety on
the bond of the executor or administrator of said estate, or the heirs or next of kin of such
executor, administrator or surety may file a petition or complaint, verified by affidavits,
in the court in which such a cause is pending, alleging the existence of the facts that raise
the presumptions stated in section 43-2-660, and, upon the filing of such petition or complaint
and giving security for costs of the proceeding, the court must appoint a day for the hearing
of such petition or complaint and must give notice of the same by publication in some newspaper
published in the county for three successive weeks or, if none is published in the county,
by posting such notice at the courthouse and three other public places in such county for
the same length of time; and the court must also give 10 days' notice to every adult distributee
resident in the state and to all sureties on the bond of the...
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6-6-332
Section 6-6-332 Process - Form of notice; service and return thereof. (a) Upon complaint being
made, the district judge shall issue a notice to the party against whom the complaint is made
to the following effect: The State of Alabama, ___ County. To ___ You are hereby commanded
to be and appear before me, at _____ on the _____ day of _____, 2__, to answer to, and make
defense against a complaint exhibited to me against you by _____, for a forcible entry and
detainer (or for unlawful detainer, as the case may be). Witness my hand this _____ day of
______, 2__. ___ District Court Judge (b) The notice shall be served on the defendant at least
six days before the return day of the process and may be served on the defendant anywhere
within the state. The return of the service thereof by any sheriff or constable of the state
is sufficient, or proof of the fact may be made before the judge. A copy of the notice shall
be personally served upon the...
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8-12-18
Section 8-12-18 Remedies. (a) Any owner of a mark registered under this article may proceed
by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations
thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture,
use, display, or sale as may be by the court deemed just and reasonable, and may require the
defendants to pay to such owner all profits derived from, and/or all damages suffered by reason
of, such wrongful manufacture, use, display, or sale, and to pay the costs of the action.
In assessing profits, the owner shall be required to prove defendant's sales only; defendant
must prove all elements of cost or deduction claimed. The court may also order that any such
counterfeits or imitations in the possession or under the control of any defendant in such
case, be delivered to an officer of the court, or to the complainant, to be destroyed. (b)
In assessing damages the court may enter judgment, according to the...
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10A-2-8.09
Section 10A-2-8.09 Removal of directors by judicial proceeding. REPEALED IN THE 2019 REGULAR
SESSION BY ACT 2019-94 EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) The circuit court of the county where a corporation's principal office, or, if none in
this state, its registered office, is located may remove a director of the corporation from
office in a proceeding commenced either by the corporation or by its shareholders holding
at least 10 percent of the outstanding shares of any class if the court finds that (1) the
director engaged in fraudulent or dishonest conduct, or gross abuse of authority or discretion,
with respect to the corporation and (2) removal is in the best interest of the corporation.
(b) The court that removes a director may bar the director from reelection for a period prescribed
by the court. (c) If shareholders commence a proceeding under subsection (a), they shall make
the corporation a party defendant. (Acts 1994, No. 94-245, p. 343,...
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10A-2A-13.30
Section 10A-2A-13.30 Court action. (a) If a stockholder makes demand for payment under Section
10A-2A-13.26 which 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 stock and accrued interest. If the corporation does not commence the proceeding within
the 60-day period, it shall pay in cash to each stockholder the amount the stockholder demanded
pursuant to Section 10A-2A-13.26 plus interest. (b) The corporation shall commence the proceeding
in the designated court, and if none, the circuit court for the county in which the corporation's
principal office is located in this state, and if none in this state, in the circuit court
for the county in which the corporation's most recent registered office is located. (c) The
corporation shall make all stockholders (regardless of whether they are residents of this
state) whose demands remain unsettled parties to the proceeding...
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12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
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12-15-310
Section 12-15-310 Conduct of adjudicatory hearings. (a) An adjudicatory hearing is a hearing
at which evidence is presented for a juvenile court to determine if a child is dependent.
At the commencement of the hearing, if the parties are not represented by counsel, they shall
be informed of the specific allegations in the petition. The parties shall be permitted to
admit or deny the allegations prior to the taking of testimony. (b) If the allegations are
denied by the parties or if they fail to respond, the juvenile court shall proceed to hear
evidence on the petition. The juvenile court shall record its findings on whether the child
is dependent. If the juvenile court finds that the allegations in the petition have not been
proven by clear and convincing evidence, the juvenile court shall dismiss the petition. (c)
A statement made by a child under the age of 12 describing any act of child abuse committed
against the child, if it is not otherwise admissible by statute or court rule, is...
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