6-6-700
Section 6-6-700 Entry of judgment against clerk, register, or their sureties. Judgment must,
in like manner, be summarily entered against the clerk of the circuit court and his sureties,
or either of them, and against the register in circuit court and his sureties, or either of
them, on three days' notice, in the following cases: (1) In favor of the plaintiff in execution
for failure to enter on the execution docket the return made upon an execution by the proper
officer, within three days after the return is made, for 20 percent on the amount of the execution
and interest thereon; (2) For failing on demand to pay over money received by him on any judgment
or paid into court, on a plea of tender, other plea, or by rule of court, for the sum so received
by him with five percent per month on the amount from the time of the demand; (3) For failing
to notify the plaintiff, his agent, or attorney under the provisions of Section 6-9-92, which
are made to apply to such clerk, of the...
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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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15-13-131
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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6-6-101
Section 6-6-101 Forfeiture of bond; execution on bond. When the property replevied is not delivered
in 30 days after judgment against the defendant in attachment, the sheriff shall return the
bond forfeited, and execution must be issued thereon against the principal and sureties for
the amount of the value of the property replevied, as fixed by the sheriff or other officer
making the levy, with interest thereon from the date of the bond and for the cost of the replevy
and of the execution, unless such value is greater than the amount of the judgment against
the defendant, in which case the execution shall be for the amount of such judgment and costs.
(Code 1852, §2538; Code 1867, §2966; Code 1876, §3291; Code 1886, §2965; Code 1896, §556;
Code 1907, §2956; Code 1923, §6204; Code 1940, T. 7, §877.)...
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6-6-430
Section 6-6-430 Filing of bond; discharge of money or property from garnishment; proceedings
as if bond not executed; judgment; discharge of garnishee. (a) When garnishment has been issued
in aid of a pending action or upon a judgment, the defendant may make and file with the judge
or clerk issuing the garnishment bond in such sum as the judge or clerk may prescribe, not
exceeding twice the amount of the plaintiff's demand, payable to the plaintiff, with sufficient
surety, to be approved by such judge or clerk, conditioned to pay the amount for which the
garnishee may be found indebted or liable to the defendant and the cost of the garnishment.
Thereupon, the money or property in the hands of the garnishee is discharged from the garnishment
and the garnishee relieved of all liability therefor to the plaintiff; but the garnishee must
answer, and, except as is otherwise provided in this article, the case must proceed and be
determined as if such bond had not been executed. (b) If the...
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6-6-661
Section 6-6-661 Venue. The summary remedies given in this article must be enforced in the manner
following, except in cases otherwise specially provided in this article: (1) When the motion
is against a sheriff, coroner, clerk, or other officer of court, or their sureties, the motion
must be made in the circuit court of the county in which such officer was acting officially
at the time of the default or in the court to which the process was returnable when the default
consists in the failure to execute or return process or to pay over money collected thereon;
and (2) In all other cases not specially provided for, the motion must be made in the circuit
court of the county in which the person moved against resides or, if he has no permanent residence,
then in any county where he may be found. (Code 1852, §2600; Code 1867, §3029; Code 1876,
§3355; Code 1886, §3099; Code 1896, §3767; Code 1907, §5903; Code 1923, §10230; Code
1940, T. 7, §594.)...
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12-22-111
Section 12-22-111 Issuance, execution and return of subpoenas for witnesses; liability of witnesses
failing to appear. In cases of appeal, the clerk of the court shall issue subpoenas for such
witnesses as may be required, both for the state and for the accused, returnable to the next
session of the court to which the appeal is taken, which subpoenas shall be executed by the
sheriff and returned to such circuit court. If witnesses so summoned fail to appear and testify
as required, they shall be liable to the same penalties, forfeitures and proceedings as if
the subpoenas had been issued out of the circuit court. (Code 1852, §506; Code 1867, §4056;
Code 1876, §4726; Code 1886, §4228; Code 1896, §4624; Code 1907, §6727; Code 1923, §3840;
Code 1940, T. 15, §360.)...
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15-13-117
Section 15-13-117 Authorized arrest of defendant by surety and exoneration of bail prior to
conditional forfeiture. The sureties of bail may, at any time before a conditional forfeiture
is entered against them, exonerate themselves by surrendering the defendant to the jail having
the authority of keeping custody of prisoners of the court having jurisdiction of defendant's
case. For that purpose, the surety may arrest the defendant on a bondsman's warrant at any
place in the state, or may authorize another person to arrest the defendant by an endorsement
in writing on the warrant. The bondsman's warrant shall be issued as required by this chapter
and a certified copy of the undertaking shall be attached thereto. (Acts 1993, No. 93-677,
p. 1259, §18.)...
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15-2-27
Section 15-2-27 Issuance of subpoenas for trial witnesses. At any time before the delivery
of the transcript to the clerk of the court to which the trial is removed, subpoenas for witnesses
must be issued, on the application of either the defendant or the district attorney, by the
clerk of the court in which the indictment was found, commanding such witnesses to appear
at the court to which the trial is removed, which subpoenas must be executed by the sheriff
and returned to the clerk of the latter court; and the clerk of the court to which the trial
is removed must, after the delivery of the transcript to him, issue the subpoenas for witnesses.
(Code 1852, §658; Code 1867, §4210; Code 1876, §4915; Code 1886, §4489; Code 1896, §5313;
Code 1907, §7856; Code 1923, §5585; Code 1940, T. 15, §273.)...
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31-2A-46
Section 31-2A-46 (Article 46.) Opportunity to obtain witnesses and other evidence; subpoena.
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity
to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process
issued in court-martial cases to compel witnesses to appear and testify and to compel the
production of other evidence shall apply the principles of law and the rules of courts-martial
generally recognized in military criminal cases in the courts of the Armed Forces of the United
States, but which may not be contrary to or inconsistent with this code. Process shall run
to any part of the United States, or the territories, commonwealths, and possessions, and
may be executed by civil officers as prescribed by the laws of the place where the witness
or evidence is located or outside of the United States. A court-martial convened under this
code may subpoena and compel the presence of witnesses and the production...
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