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12-19-91
Section 12-19-91 Clerks of Supreme Court or courts of appeals. (a) The clerks of the courts
of appeal shall be entitled to receive the following fees for the following services, to be
paid to the treasurer as provided in this article: (1) Docketing each case ..... $ .30 (2)
Entering each appearance, to include all attorneys appearing on the same side for the same
parties ..... .30 (3) Each bond ..... .50 (4) Each appeal ..... .50 (5) Each order ..... .50
(6) Each continuance ..... .25 (7) Each judgment ..... 1.00 (8) Each mandate or certificate
to the court below ..... 2.00 (9) Each writ in the nature of scire facias, certiorari, mandamus,
prohibition or other similar writ ..... 1.00 (10) Filing the same with return ..... .20 (11)
Each writ of execution ..... 1.00 (12) Taxing costs, copying and entering satisfaction .....
.85 (13) Copying opinions, record or paper, in his office, for each 100 words ..... .15 (14)
In each case an additional fee of ..... 4.00 (b) For petitions for...
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36-11-7
Section 36-11-7 Contents and execution of information generally. Such information shall be
addressed to the court before which the trial is to be had and shall specify, with reasonable
certainty, the offense, offenses or other grounds of impeachment charged against the officer
within the provisions of Section 173 of Article 7 of the constitution and shall contain a
succinct statement of the facts constituting the matters complained of and an appropriate
prayer for process and relief and shall be signed by the Attorney General, district attorney
or by counsel, as the case may be. When such information is by taxpayers, the names of such
taxpayers must be joined as plaintiffs with the state. (Code 1876, §4050; Code 1886, §4822;
Code 1896, §4868; Code 1907, §7103; Code 1923, §4501; Code 1940, T. 41, §182.)...
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43-8-201
Section 43-8-201 Contest in circuit court after admission to probate - Additional time for
contest by infants and persons of unsound mind. After the expiration of such six months, the
validity of the will can only be contested by infants and persons of unsound mind who had
no legal guardian at the time the will was admitted to probate, or who were not represented
by a guardian ad litem, who are allowed 12 months after the appointment of a guardian, or,
if none be appointed, 12 months from the termination of their respective disabilities in which
to contest such will, but in no case to exceed 20 years from the time the will was admitted
to probate; and also provided there has not been one contest instituted and prosecuted to
final judgment in the circuit court as is provided for in sections 43-8-199 and 43-8-200;
in which case the final judgment of the circuit court, court of civil appeals or supreme court
shall be final and conclusive against all parties. (Code 1852, §1656; Code 1867,...
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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness unavailable
because of exceptional circumstances. (a) In any criminal prosecution, the court may, upon
motion of the district attorney, the defense, or the court, for good cause shown and after
notice to the parties, order the taking of a deposition or a videotaped deposition of a victim
or a witness when the victim or witness is or may be unavailable for trial for medical reasons
or other exceptional circumstances. On any motion for a deposition or a videotaped deposition
of the victim or witness, the court shall consider the age of the victim or witness, the potential
unavailability of the victim or witness for trial, the nature of the offense, the nature of
testimony that may be expected, and the possible effect that testimony in person at trial
may have on the victim or witness, along with any other relevant matters that may be required
by Supreme Court rule. During the taking of a deposition or...
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15-22-73
Section 15-22-73 Appointment of parole officers; duties and powers; reports, records, etc.,
privileged. Parole officers may be appointed to investigate all cases referred by the board
to such officers and shall furnish to each parolee under his supervision a written statement
of the conditions of his parole, instruct each parolee regarding the same, and keep informed
concerning the conduct and condition of each person on parole under his supervision. Each
parole officer shall make such reports as the board may require. Each parole officer shall
have, in the execution of his duties, the power of arrest and the authority to execute process
as is given by law to police officers of such city. All reports, records and data assembled
by any parole officer shall be privileged and shall not be available for public inspection
except upon order of a court, except that in no case shall the right to inspect said reports
be denied the defendant or his counsel. (Acts 1979, No. 79-674, p. 1189, §4.)...
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15-9-81
Section 15-9-81 Adoption and text of agreement on detainers. The agreement on detainers is
hereby enacted into law and entered into by the State of Alabama with any and all jurisdictions
legally joining therein, in the form substantially as follows: AGREEMENT ON DETAINERS The
contracting states solemnly agree that: Article I. The party states find that charges outstanding
against a prisoner, detainers based on untried indictments, informations or complaints and
difficulties in securing speedy trial of persons already incarcerated in other jurisdictions,
produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly,
it is the policy of the party states and the purpose of this agreement to encourage the expeditious
and orderly disposition of such charges and determination of the proper status of any and
all detainers based on untried indictments, informations or complaints. The party states also
find that proceedings with reference to such charges...
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26-2A-104.1
Section 26-2A-104.1 Corporations as guardians for developmentally disabled. (a) The term "developmentally
disabled" means a person whose impairment of general intellectual functioning or adaptive
behavior which is manifested before the person attains the age of 22 and results in intellectual
disability, cerebral palsy, epilepsy or autism and as defined in Public Law 98-527, the Developmental
Disabilities Assistance and Bill of Rights Act (Section 102(7)). (b) A private non-profit
corporation organized under the laws of Alabama and qualified under the Internal Revenue Code
as a 501(c)(3) tax exempt corporation as described herein is qualified for designation as
guardian for persons with developmental disabilities and who has been determined by the probate
court to need some degree of guardianship; provided that those corporations qualifying under
this section shall be governed by a board of directors which shall have no fewer than 35 percent
of its membership representing parents or...
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30-2-57
Section 30-2-57 Rehabilitative or periodic alimony. (a) Upon granting a divorce or legal separation,
the court shall award either rehabilitative or periodic alimony as provided in subsection
(b), if the court expressly finds all of the following: (1) A party lacks a separate estate
or his or her separate estate is insufficient to enable the party to acquire the ability to
preserve, to the extent possible, the economic status quo of the parties as it existed during
the marriage. (2) The other party has the ability to supply those means without undue economic
hardship. (3) The circumstances of the case make it equitable. (b) If a party has met the
requirements of subsection (a), the court shall award alimony in the following priority: (1)
Unless the court expressly finds that rehabilitative alimony is not feasible, the court shall
award rehabilitative alimony to the party for a limited duration, not to exceed five years,
absent extraordinary circumstances, of an amount to enable the...
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31-2A-32
Section 31-2A-32 (Article 32.) Preliminary hearing; report. (a) No charge or specification
may be referred to a general court-martial for trial until the completion of a preliminary
hearing, unless the preliminary hearing is waived by the accused. The purpose of the preliminary
hearing shall be limited to the following: (1) Determining whether there is probable cause
to believe an offense has been committed and the accused committed the offense. (2) Determining
whether the convening authority has court-martial jurisdiction over the offense and the accused.
(3) Considering the form of charges. (4) Recommending the disposition that should be made
of the case. (b) A preliminary hearing under subsection (a) shall be conducted by a hearing
officer who satisfies all of the following: (1) The hearing officer shall be an impartial
judge advocate whenever practicable or, in exceptional circumstances in which the interests
of justice warrant, an impartial hearing officer who is not a judge...
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38-7-2
Section 38-7-2 Definitions. Terms used in this chapter, unless the context otherwise requires,
have the meanings ascribed to them in this section. When not inconsistent with the context,
words used in the present tense include the future, words in the singular number include the
plural number, and words in the plural number include the singular number, and the word "shall"
is always mandatory and not merely directory: (1) CHILD. Any person under 19 years of age,
a person under the continuing jurisdiction of the juvenile court pursuant to Section 12-15-117,
or a person under 21 years of age in foster care as defined by the Department of Human Resources.
(2) CHILD-CARE INSTITUTION or INSTITUTION FOR CHILD CARE. A child-care facility where more
than 10 children are received and maintained for the purpose of providing them with care or
training or both, or transitional living program services, but does not include: a. Any institution
for child care which is under the ownership or control,...
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