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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15-13-2
Section 15-13-2 Allowance as matter of right prior to conviction. In all cases other than those
specified in subsection (a) of Section 15-13-3, a defendant is, before conviction, entitled
to bail as a matter of right. (Code 1852, §684; Code 1867, §4235; Code 1876, §4843; Code
1886, §4416; Code 1896, §4358; Code 1907, §6338; Code 1923, §3371; Code 1940, T. 15, §196;
Acts 1949, No. 199, p. 230.)...
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15-13-40
Section 15-13-40 When deposit authorized in lieu of bail. At any time after an order admitting
him to bail, a defendant, instead of giving bail, may deposit with the clerk of the court
in which he is held to answer the sum mentioned in the order; and, upon delivering to the
officer in whose custody he is a certificate of the deposit, he must be discharged from custody.
(Acts 1949, No. 199, p. 230.)...
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22-11A-8
Section 22-11A-8 Health officer to investigate complaints of diseases; afflicted persons to
be moved to suitable place; expenses of removal. Whenever complaint is made in writing to
the health officer of a county that a person, not at his own home, is afflicted with any of
the notifiable diseases or health conditions designated by the State Board of Health, such
health officer shall, thoroughly and promptly, investigate said complaint. If, upon investigation,
said health officer is of the opinion that said complaint is well founded, he may cause such
person to be removed to such place as may have been provided for such cases in the county,
city or town in which such person is found or, if there is no such place provided for such
cases, then, to such place as said health officer may deem suitable, subject to the approval
of the authorities of the county, city or town, as the case may be. The removal of said person
shall be at the expense of said person, or, in case the person is a...
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15-13-104
Section 15-13-104 Order of bail to be affixed to warrants. Judicial officers shall see that
the amount of bail is affixed to any warrants of arrests issued by the judicial officer at
the time of their issuance for which the defendant is arrested and taken into custody. If
arrested for a capital offense for which the defendant is not entitled to release on bail,
the judicial officer shall take care to see that "no bail" is affixed on the warrant.
Judicial officers may delegate the affixation to lawful employees of the court, but the amount
shall be set by the judicial officer. (Acts 1993, No. 93-677, p. 1259, §5.)...
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15-13-65
Section 15-13-65 Return of cash deposit upon surrender by defendant. If money has been deposited
instead of bail and at any time before the forfeiture thereof the defendant surrenders himself
to the officer to whom the commitment was directed, the court must order a return of the deposit
to the defendant upon producing the certificate of the officer showing the surrender. (Acts
1949, No. 199, p. 230.)...
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12-21-244
Section 12-21-244 Subpoena of witnesses - Trial appearance. (a) No subpoena must be issued
in a criminal case unless the defendant is in custody or has given bail to answer the charge.
(b) If the defendant is in custody or has given bail to answer the charge, it is the duty
of the clerk of the court in which the prosecution is pending, on his application, to issue
subpoenas for such witnesses as he requires. (c) The clerk must also issue subpoenas for all
witnesses on the part of the state whose names are so marked on the indictment, if any, and
for such other witnesses as the district attorney may direct him to summon. (d) It is the
duty of clerks of the district and circuit courts to subpoena witnesses in cases set for trial
to the day fixed for such trial. (Code 1852, §§661-663; Code 1867, §§4213-4215; Code 1876,
§§4918-4920, 4923; Code 1886, §§4456-4458, 4460; Code 1896, §§5280-5282, 5284; Code
1907, §§7877-7879, 7881; Code 1923, §§5615-5617, 5619; Code 1940, T. 15,...
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12-21-246
Section 12-21-246 Subpoena of witnesses - Execution. (a) In criminal cases, at the request
of the state, or the defendant or the defendant's attorney, the clerk of the court must issue
subpoenas for witnesses whose address shall be given by the person requesting the subpoena,
specifying therein the time and place for their appearance, the title of the case and at whose
instance the witness is summoned, and commanding the witness to appear in conformity therewith
and give testimony. (b) No subpoena shall issue for a witness residing more than 100 miles
from the place of trial, computed by the route usually traveled, unless the person requesting
the subpoena makes affidavit that the personal attendance of the witness is necessary to a
proper decision of the case and that the deposition of the witness would be insufficient for
that purpose, and the fact that such affidavit has been made must be endorsed by the clerk
upon the subpoena. (c) A subpoena issued under this section shall be...
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15-13-25
Section 15-13-25 Return of undertakings to clerk of court. All undertakings of bail must be
returned by the court or officer by whom taken to the clerk of the court before which the
defendant is bound to appear within the same time and in the same manner as is provided by
Section 15-10-47 for the return of writs of arrest. (Code 1852, §701; Code 1867, §4252;
Code 1876, §4861; Code 1886, §4425; Code 1896, §4367; Code 1907, §6347; Code 1923, §3380;
Code 1940, T. 15, §205; Acts 1949, No. 199, p. 230.)...
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6-6-44
Section 6-6-44 Oath of plaintiff. The officer, before issuing the attachment in the first two
cases mentioned in Section 6-6-41, must require the plaintiff, his agent or attorney to make
oath of the amount of the debt or demand and that it is justly due, or to become due, that
one of the causes enumerated in Section 6-6-42 exists and that the attachment is not sued
out for the purpose of vexing or harassing the defendant; and such oath must be reduced to
writing and subscribed by the party making it. (Code 1852, §2506; Code 1867, §2930; Code
1876, §3255; Code 1886, §2932; Code 1896, §527; Code 1907, §2927; Code 1923, §6175; Code
1940, T. 7, §848.)...
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