15-13-161
Section 15-13-161 Filing original documents - Circuit clerk. Professional surety and professional
bail companies shall file all corporate surety bonds, escrow agreements and other original
documents required pursuant to Division 10 with the circuit clerk of the county where the
professional surety or bail company desires and intends to become surety on appearance bonds,
and such bonds, escrow agreements, and other documents shall be approved by the presiding
circuit judge as being sufficient. Any surety bonds, escrow agreements, and other documents
pertaining or attached thereto shall be originals only. After the documents are approved,
the circuit clerk shall take custody of the originals and file them for safekeeping. Such
documents are public records. (Acts 1993, No. 93-677, p. 1259, §62.)...
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15-13-133
Section 15-13-133 Provisions of sureties address for service. It shall be the sole responsibility
of any defendant or surety on bail to notify in writing the clerk of any court to which bail
is returnable of the proper address for any service or notices and if the address is changed,
then a new written notice is required by the defendant or sureties. Any address provided on
the bond form executed by the defendant or sureties shall be the written notice to the clerk.
(Acts 1993, No. 93-677, p. 1259, §34.)...
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15-13-120
Section 15-13-120 Substitution of bail. After a defendant has been released on either one of
the four different types of bail, as set out in Division 2, Section 15-13-111, and the defendant
desires to substitute one form of bail for another, the defendant may do so by giving such
bail to the clerk of the court having jurisdiction of the case. The clerk shall approve the
bail being substituted so long as it conforms with this chapter. (Acts 1993, No. 93-677, p.
1259, §21.)...
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15-13-163
Section 15-13-163 Revocation by circuit judges. The presiding judge of the circuit court may,
and on verified motion of the prosecutor shall, subpoena the representatives of the professional
surety company or professional bail company or other persons for examination under oath concerning
matters relating to any affidavit or certificate filed, outstanding forfeitures, and all relevant
books, tax returns, and financial data. Authority to act as a professional surety company
or a professional bail company may be revoked or withheld by the court for violation of this
chapter, any rule promulgated by the Supreme Court of the State of Alabama, in accordance
with this chapter, for failure to submit subpoenaed documents, for failure to answer truthfully
all relevant questions asked by the court, or in the event the professional surety company
or professional bail company has outstanding and unpaid final forfeitures anywhere, or in
any court in the State of Alabama. As used herein, outstanding...
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15-10-47
Section 15-10-47 Return of writs by sheriff; duty of clerks to accept returns by mail; failure
of sheriffs to comply with section. (a) All writs of arrest, with the undertaking of bail
when given, must be returned by the sheriff to the clerk of the court from which they were
issued, with the proper return thereon endorsed. (b) If the writ of arrest is executed, the
return must be made within five days after service; but if executed out of the county in which
the indictment was found, the return may be made by depositing the writ in the post office
within five days after service in a sealed envelope, postage prepaid, directed to the clerk
of the court at the courthouse of his county, with the title of the case and the character
of the process endorsed on the envelope. (c) When any writ of arrest is not executed, it must
be returned by the sheriff to the clerk of the court from which it was issued; and when the
return is made by the sheriff of any other county than that in which the...
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15-13-126
Section 15-13-126 Return of bondsman's process. (a) All bondsman's processes, when executed
by sureties or other lawful authorized persons, shall be returned by the sheriff, chief of
police, or other authorized law enforcement officer to the clerk of the court from which they
were issued once the defendant is returned to the custody of the court of jurisdiction with
the proper return thereon endorsed. (b) If the bondsman's process is executed, the return
shall be made within five days after service. (c) When any writ of arrest or other warrant
issued by the clerk of the court, in the same case as a bondsman's process, to any law enforcement
officer and the warrant has been executed and returned to the clerk of the court, the clerk
shall notify the surety which obtained the bondsman's process, and if the bondsman's process
has not been executed at the time of the notice, then the surety shall return the process
to the clerk of the court within five days and the surety shall endorse...
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15-13-22
Section 15-13-22 Qualifications for bail; bond required for bondsmen; qualification when sufficiency
of bail doubtful. (a) Each person signing as surety an undertaking of bail must be: (1) A
resident of this state; and (2) Worth, exclusive of property exempt from execution, the amount
expressed in the undertaking; but the court or magistrate, in taking bail, may allow more
than two persons to justify severally as bail in amounts less than that expressed in the undertaking,
provided the whole is equivalent to two sufficient bails. (b) The court or magistrate in taking
bail, in lieu of the foregoing, may allow a corporation, foreign or domestic, qualified to
do a bonding business in this state and authorized to execute the undertaking of bail, to
execute such bail. (c) Every person engaged in the business of making bail bonds and charging
therefor, except corporations qualified to do a bonding business in this state, shall be required,
in addition to all other requirements of this...
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6-6-254
Section 6-6-254 Return of bonds; liability of sheriff for failing to do so; compelling making
of return. All bonds taken under this article must be returned within 10 days thereafter to
the clerk of the court in which the action is pending, and, on failure, the sheriff is liable
to the successful party to the amount of the value of the property and damages for its detention
as assessed by the jury, with interest thereon from the entry of the judgment, to be recovered
on motion to the court in which such judgment was entered on three days' notice, or the sheriff
may, at any time, be compelled by attachment to make such return. (Code 1852, §2196; Code
1867, §2597; Code 1876, §2946; Code 1886, §2722; Code 1896, §1481; Code 1907, §3787;
Code 1923, §7398; Code 1940, T. 7, §927.)...
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8-3-12
Section 8-3-12 When surety not to confess judgment. No surety, when sued, can confess judgment
or suffer judgment to pass by default if the principal debtor, on being notified of the pending
action, is willing to defend the action at his own cost and give good and sufficient collateral
security to the surety, to be approved by the court. (Code 1852, §2646; Code 1867, §3073;
Code 1876, §3413; Code 1886, §3152; Code 1896, §3883; Code 1907, §5395; Code 1923, §9554;
Code 1940, T. 9, §88.)...
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12-21-143
Section 12-21-143 Failure of witnesses to testify. (a) Any witness refusing to testify, unless
privileged by law from testifying in the case, must be committed to the jail of the county,
there to remain without bail until he consents to testify. (b) No witness so imprisoned shall
be discharged at the adjournment of the court, or afterwards, until he gives bond and surety
in an amount to be prescribed by the judge of such court, to be approved by the clerk of the
court, payable to the state and conditioned to appear at the next session and give evidence
in the case. (Code 1852, §§2309, 2310; Code 1867, §§2711, 2712; Code 1876, §§3066, 3067;
Code 1886, §§2799, 2800; Code 1896, §§1831, 1832; Code 1907, §§4028, 4029; Code 1923,
§§7742, 7743; Code 1940, T. 7, §§455, 456.)...
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