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12-21-283
Section 12-21-283 Procedure for securing attendance of witness in another state at criminal
proceedings, etc., within state; fees and allowances; effect of failure of summoned witness
to attend and testify. (a) If a person in any state which, by its laws, has made provision
for commanding persons within its borders to attend and testify in criminal proceedings or
grand jury investigations commenced or about to be commenced in this state is a material witness
in a criminal proceeding pending in a court of record in this state or in a grand jury investigation
which has commenced or is about to commence, a judge of such court may issue a certificate
under the seal of the court stating these facts and specifying the number of days the witness
will be required. Said certificate may include a recommendation that the witness be taken
into immediate custody and delivered to an officer of this state to assure his attendance
in this state. This certificate shall be presented to a judge of a...
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26-17-612
Section 26-17-612 Child as party; representation. (a) A minor child is a permissible party,
but is not a necessary party to a proceeding under this article. (b) The court shall appoint
a guardian ad litem to represent a minor or incapacitated child if the child is a party or
the court finds that the interests of the child are not adequately represented. (c) The court
shall appoint a guardian ad litem to represent a defendant who is a minor and who is not otherwise
represented by counsel. (Act 2008-376, p. 666, §2.)...
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12-15-308
Section 12-15-308 Filing of petition and conduct of 72-hour hearing as to necessity for continuation
of shelter care of a child. (a) When a child alleged to be dependent has been removed from
the custody of the parent, legal guardian, or legal custodian and has not been returned to
same, a hearing shall be held within 72 hours from the time of removal, Saturdays, Sundays,
and holidays included, to determine whether continued shelter care is required. (b) Notice
of the 72-hour hearing requirement, either verbal or written, stating the date, time, place,
and purpose of the hearing and the right to counsel shall be given to the parent, legal guardian,
or legal custodian if he or she can be found. (c) At the commencement of the 72-hour hearing
requirement, the juvenile court shall advise the parent, legal guardian, or legal custodian
of the right to counsel and shall appoint counsel if the juvenile court determines he or she
is indigent. If the juvenile court already has not done so, it...
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12-22-196
Section 12-22-196 Entry of findings on minutes of court. If the trial judge is satisfied that
the defendant or petitioner is without sufficient funds, and has no reasonable way to procure
the same, necessary for the payment of court reporters' fees or the clerks' fees, he shall
cause said finding to be entered on the minutes of the court. If the trial judge finds to
the contrary, he shall also cause said findings to be entered on the minutes of the court,
stating his reasons therefor. If the trial judge finds that the defendant or petitioner is
unable to pay all of the court reporter's fees or all of the clerk's fees but is able to pay
a part, he shall cause to be entered upon the minutes of the court such finding and shall
state his reasons therefor and state the amount in money that the defendant or petitioner
can reasonably pay. (Acts 1961, Ex. Sess., No. 62, p. 1930, §6; Acts 1963, No. 525, p. 1129,
§6.)...
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15-13-131
Section 15-13-131 Proceeding in forfeiture of bail - Not cash - Conditional forfeitures order.
(a) When a defendant fails to appear in court as required by the undertaking of bail and no
sufficient excuse has been provided to the court prior to the hearing, the court shall order
a conditional forfeiture and show cause order against the defendant and the sureties of the
bail. The court shall notify defendant and sureties of the order as set out in this article.
The defendant or sureties, or both, shall file a written response with the clerk of the court
within 28 days of the date of service of the notice why the bond should not be forfeited.
If a written response is filed within the time allowed and the court is of the opinion the
written response is sufficient, the court shall set aside the conditional forfeiture. If the
court is of the opinion the written response is not sufficient, the court shall set a hearing
to determine whether the bond should be forfeited. The hearing shall not...
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26-2B-106
Section 26-2B-106 Taking testimony in another state. (a) In a guardianship or protective proceeding,
in addition to other procedures that may be available, testimony of a witness who is located
in another state may be offered by deposition or other means allowable in this state for testimony
taken in another state. The court on its own motion may order that the testimony of a witness
be taken in another state and may prescribe the manner in which and the terms upon which the
testimony is to be taken. (b) In a guardianship or protective proceeding, a court in this
state may permit a witness located in another state to be deposed or to testify by telephone
or audiovisual or other electronic means. A court of this state shall cooperate with the court
of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by technological
means that do not produce an original writing may not...
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30-3B-102
Section 30-3B-102 Definitions. In this chapter, the following terms shall have the following
meanings: (1) ABANDONED. Left without provision for reasonable and necessary care or supervision.
(2) CHILD. An individual who has not attained 19 years of age. (3) CHILD CUSTODY DETERMINATION.
A judgment, decree, or other order of a court providing for the legal custody, physical custody,
or visitation with respect to a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order relating to child support or other
monetary obligation of an individual. (4) CHILD CUSTODY PROCEEDING. A proceeding in a court
in which legal custody, physical custody, or visitation with respect to a child is an issue.
The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship,
paternity, termination of parental rights, and protection from domestic violence, in which
the issue may appear. The term does not include a court...
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12-15-105
Section 12-15-105 Exercise of authority by district attorneys in juvenile court proceedings
generally; assistance by district attorneys in the juvenile courts; representation of the
state by district attorneys in cases appealed from juvenile courts. (a) The district attorney
of the judicial circuit in which delinquency or child in need of supervision cases are filed
may exercise his or her authority in all delinquency and child in need of supervision cases
arising pursuant to this chapter. (b) The juvenile court may call upon the district attorney
to assist the juvenile court in any proceeding pursuant to this chapter. It shall be the duty
of the district attorney to render this assistance when so requested. (c) Notwithstanding
Title 36, the district attorney shall represent the state in all delinquency and child in
need of supervision cases appealed from the juvenile court. (Acts 1975, No. 1205, p. 2384,
§5-107; §12-15-5; amended and renumbered by Act 2008-277, p. 441, §1.)...
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12-21-225
Section 12-21-225 Testimony for state or defendant by convict. (a) The presiding judge of any
circuit court or district court having reason to believe that the testimony of any convict
serving a sentence in the penitentiary or to hard labor for the county is necessary in any
criminal prosecution for the state and that other evidence cannot be obtained on behalf of
the state may order a writ to be issued by the clerk, commanding the Board of Corrections
to have the convict before the court on a specified day to give testimony in the particular
case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution
showing that a convict serving sentence in the penitentiary knows facts which would be beneficial
to him, the judge may, if he believes the ends of justice will be served thereby, order the
issuance of such a writ to secure the appearance of the convict to testify on behalf of the
defendant. The writ shall be served on the board at least one week...
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30-3C-2
Section 30-3C-2 Definitions. In this chapter, the following terms have the following meanings:
(1) ABDUCTION. The wrongful removal or wrongful retention of a child. (2) CHILD. An unemancipated
individual who is less than 19 years of age. (3) CHILD-CUSTODY DETERMINATION. A judgment,
decree, or other order of a court providing for the legal custody, physical custody, or visitation
with respect to a child. The term includes a permanent, temporary, initial, and modification
order. The term does not include an order relating to child support or other monetary obligation
of an individual. (4) CHILD-CUSTODY PROCEEDING. A court proceeding in which legal custody,
physical custody, or visitation with respect to a child is at issue. The term includes a proceeding
for divorce, dissolution of marriage, legal separation, neglect, abuse, dependency, paternity,
termination of parental rights, or protection from domestic violence. The term does not include
a court proceeding involving juvenile...
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