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30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears from
a petition for a protection order or a petition to modify a protection order that abuse has
occurred or from a petition for a modification of a protection order that a modification is
warranted, the court may do any of the following: (1) Without notice or hearing, immediately
issue an ex parte protection order or modify an ex parte protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final
protection order or modify a protection order after a hearing whether or not the defendant
appears. (b) A court may grant any of the following relief without notice and a hearing in
an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin
the defendant from threatening to commit or committing acts of abuse, as defined in this chapter,
against the plaintiff or children of the plaintiff, and any other...
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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
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12-21-131
Section 12-21-131 Interpreters for persons defective in speech and/or hearing - Qualified interpreter
provided in certain criminal and juvenile proceedings; requirements; fees. (a) Deaf person
means any person either totally deaf, or who has defective hearing, or who has both defective
hearing and speech. (b) For the purpose of this section, the term qualified interpreter means
an interpreter certified by the National Registry of Interpreters for the Deaf, Alabama Registry
of Interpreters for the Deaf, or, in the event an interpreter so certified is not available,
an interpreter whose qualifications are otherwise determined. Efforts to obtain the services
of a qualified interpreter certified with a legal skills certificate or a comprehensive skills
certificate will be made prior to accepting services of an interpreter with lesser certification.
No qualified interpreter shall be appointed unless the appointing authority and the deaf person
make a preliminary determination that the...
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45-48-80.03
Section 45-48-80.03 Solicitor's fee; Fair Trial Tax Fund. (a) In all juvenile, traffic, criminal,
and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Marshall
County, a docket fee, hereinafter referred to as a solicitor's fee, shall be assessed in each
case. The fees, when collected, shall be distributed monthly to the solicitor's fund in the
county or to the fund that may be hereafter prescribed by law for the solicitor's fee. The
solicitor's fee shall be in an amount equal to all docket fees or court costs which are assessed
upon an adjudication of guilt in a criminal case and distributed to the Fair Trial Tax Fund.
A one dollar ($1) administrative fee from each case shall be retained by the clerk of court
to pay for the operation of the clerk's office. (b) The solicitor's fee shall be collected
in all criminal cases where the defendant is adjudged guilty, a bond forfeited, a penalty
imposed, or where there is issued any alias or capias warrant of...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/8-12-18.htm - 2K - Match Info - Similar pages
22-32-8
Section 22-32-8 Issuance of order prohibiting use of source of ionizing radiation for nonpayment
of fees; impoundment or seizure; release on payment of fees, costs, etc.; auction of unredeemed
equipment, etc.; fine for violation of chapter. (a) The Radiation Control Agency shall issue
an order prohibiting the use of sources of ionizing radiation by any person who receives,
possesses, uses, or services a source of ionizing radiation for a fee as required pursuant
to Section 22-32-5 and fails to pay the fee within 45 days of being informed the fee is due.
(b) In addition to the order provided for in subsection (a) of this section, the Radiation
Control Agency, without further notice, may impound or seize any source of ionizing radiation
and any shielding required for safe handling for which an order prohibiting its use has been
issued pursuant to said subsection (a). The person owing the fee required by this chapter
shall also be required to pay any actual costs incurred by the Radiation...
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40-10-25
Section 40-10-25 Appeal from decree. From any decree rendered by the probate court for the
sale of real estate for the payment of taxes, the defendant in the cause or the state, in
behalf of itself and the county, may appeal to the circuit court of the county within 30 days
after the rendition of the decree. If the defendant appeals, he must execute a bond in double
the amount of the decree, payable to the State of Alabama, with sufficient surety to be approved
by the judge of probate, and conditioned that he will prosecute the appeal to effect and pay
such judgment as the appellate court may render thereon; but the state shall not be required
to execute any bond. The district attorney shall represent the state on such appeal, and of
the pendency thereof the judge of probate must give him notice in writing; and on appeal by
the state, notice thereof shall be given the defendant, as in other cases of appeal from the
court to the circuit court, such appeal must be tried de novo, upon an...
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16-25-23
Section 16-25-23 Exemptions from execution; recovery actions. (a) Except as provided in subsection
(b), the right of a person to a pension; an annuity, or a retirement allowance; to the return
of contributions; the pension, annuity or retirement allowance itself; any optional benefit
or any other right accrued or accruing to any person under the provisions of this chapter;
and the monies in the various funds created by this chapter are hereby exempt from any state
or municipal tax and exempt from levy and sale, garnishment, attachment or any other process
whatsoever, and shall be unassignable except as in this chapter specifically otherwise provided.
(b)(1) Restitution, fines, court costs, fees, or any other financial obligations in a criminal
case ordered by a circuit or district court judge in this state are not subject to the exemption
set out in subsection (a), provided all of the following are satisfied: a. The amount of the
restitution ordered is in the amount of one thousand...
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25-5-86
Section 25-5-86 Remedy for default upon periodic compensation payments; exemption of compensation
claims, etc., from garnishment, etc. For purposes of this article and Article 4 of this chapter:
(1) If the award, order, or settlement agreement is payable in installments and default has
been made in the payment of an installment, the owner or interested party may, upon the expiration
of 30 days from the default and upon five days' notice to the defaulting employer or defendant,
move for a modification of the award or settlement agreement by ascertaining the present value
of the case, including the 15 percent penalty provision of Section 25-5-59, under the rule
of computation contained in Section 25-5-85, and upon which execution may issue. The defaulting
employer may relieve itself of the execution by entering into a good and sufficient bond,
to be approved by the judge, securing the payment of all future installments, and forthwith
paying all past due installments with interest and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-5-86.htm - 1K - Match Info - Similar pages
34-14A-15
Section 34-14A-15 Recovery fund. (a) The board may establish a Homeowners' Recovery Fund for
the purpose of consumer protection, consumer education, and consumer awareness. An aggrieved
homeowner may recover actual economic damages, not including interest and court costs, sustained
within the state as the direct result of conduct of a licensee in violation of this chapter
or the rules of the board from the Homeowners' Recovery Fund. Any payments from the Homeowners'
Recovery Fund shall be subject to the following limitations and conditions: (1) The Homeowners'
Recovery Fund shall make payments only to homeowners who file a complaint with the board pursuant
to the requirements of subsection (b) of Section 34-14A-8. (2) The Homeowners' Recovery Fund
shall not make payments based on consent judgments. (3) Failure of the homeowner to follow
any provisions of this chapter shall preclude payment from the Homeowners' Recovery Fund.
(b) The board, by rule, shall determine the maximum amount of...
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