Code of Alabama

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30-5-8
Section 30-5-8 Notice of hearing or other order to be sent to parties; registration of information;
automated process; additional fines. (a)(1) A copy of any notice of hearing or any protection
order under this chapter shall be sent to the plaintiff within 24 hours of issuance, provided
the plaintiff provides the court with current and accurate contact information, and to the
law enforcement officials with jurisdiction over the residence of the plaintiff. The clerk
of the court may furnish a certified copy of the notice of final hearing or protection order,
if any, electronically. (2) A copy of the petition and ex parte protection order, if issued,
under this chapter shall be served upon the defendant as soon as possible pursuant to Rule
4 of the Alabama Rules of Civil Procedure. A copy of the notice of final hearing and any other
order under this chapter shall be issued to the defendant as soon as possible. (3) Certain
information in these cases shall be entered in the Protection...
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12-14-71
Section 12-14-71 Appeals from judgments of circuit courts and proceedings thereon. From the
judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or
the defendant in any case, may appeal to the court of criminal appeals in like manner as in
cases of appeals for convictions of violation of the criminal laws of the state. If the appeal
is taken by the municipality, it shall not be required to give surety for the cost of appeal.
When taken by the defendant, he may give bail with sufficient sureties, conditioned that he
will appear and abide by the judgment of the appellate court; and, failing to give bail, he
must be committed to the municipal jail, but he may give such bail at any time pending the
appeal. When an appeal is taken by the defendant, bail is given pending the appeal and the
judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the
undertaking of bail to surrender himself to the municipal authorities within...
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27-7-29
Section 27-7-29 Nonresident agents or brokers - Service of process. (a) Each licensed nonresident
producer shall be considered to have performed acts equivalent to and constituting an appointment
of the commissioner as his or her attorney to receive service of legal process issued against
the nonresident producer in this state upon causes of action arising within this state out
of transactions under the nonresident producer's license. Service upon the commissioner as
such attorney shall constitute effective legal service upon the nonresident producer. (b)
The appointment shall be irrevocable for as long as there may be any such cause of action
in this state against the nonresident producer. (c) Service of process under this section
shall be made by leaving three copies of the summons and complaint, or other process, with
the commissioner, along with payment of the fee prescribed in Section 27-4-2, and the service
shall be sufficient service upon the nonresident if notice of the service...
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12-19-150
Section 12-19-150 Legislative intent; assessment of fees in criminal cases; submission of cost
bill by municipal or district court clerk and making of final assessment of costs in circuit
court upon appeals from municipal or district courts to circuit courts. (a) It is hereby declared
to be the policy of the state that docket fees and other court costs in criminal cases shall
generally be assessed only upon conviction. It is further declared to be the policy of the
state that a creditor shall not use the criminal process in order to collect civil debts.
The state does recognize that situations will arise from time to time wherein justice may
best be served by allowing a judge to enter an order dismissing a case upon the payment of
costs by the defendant or by the complainant where the judge has determined that the criminal
process has been abused. (b) Docket fees and other court costs in criminal cases shall be
assessed upon conviction; provided that, in the interest of justice,...
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12-22-222
Section 12-22-222 Stay of proceedings on judgment; admission of defendant to bail; proceedings
on failure to appear. (a) If the defendant is in the custody of the sheriff and the order
allowing the writ directs a stay of proceedings on the judgment, the sheriff must, on being
served with the clerk's certificate that the order has been filed and with a copy of the order,
keep and detain the defendant in his custody, without executing the sentence which may have
been passed on his conviction, to abide the judgment that may be entered on the writ of error.
(b) If the conviction is for an offense which is not punished capitally or by imprisonment
for a term not exceeding 10 years, the judge or court must also direct the clerk of the court
in which conviction was had to admit the defendant to bail in a sum which may be prescribed
by the court, with sufficient sureties, conditioned for his appearance at the next session
of the court in which the conviction was had and, from session to...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-5-5.htm - 4K - Match Info - Similar pages

35-9A-461
Section 35-9A-461 Landlord's action for eviction, rent, monetary damages, or other relief.
(a) A landlord's action for eviction, rent, monetary damages, or other relief relating to
a tenancy subject to this chapter shall be governed by the Alabama Rules of Civil Procedure
and the Alabama Rules of Appellate Procedure except as modified by this chapter. (b) District
courts and circuit courts, according to their respective established jurisdictions, shall
have jurisdiction over eviction actions, and venue shall lie in the county in which the leased
property is located. Eviction actions shall be entitled to precedence in scheduling over all
other civil cases. (c) Service of process shall be made in accordance with the Alabama Rules
of Civil Procedure. However, if a sheriff, constable, or process server is unable to serve
the defendant personally, service may be had by delivering the notice to any person who is
sui juris residing on the premises, or if after reasonable effort no person is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-9A-461.htm - 5K - Match Info - Similar pages

27-11-5
Section 27-11-5 Secretary of State as agent for service of process on insurer; service of process;
attachment of jurisdiction; fees for service. (a) Any insurer not qualified under the laws
of this state to transact the business of insurance as evidenced by a license or certificate
of authority from the Commissioner of Insurance which shall transact, or attempt to transact,
the business of insurance in this state or which shall do, or attempt to do, any of the acts
and occurrences set out in Section 27-11-3 shall, by the doing of such business or the performing
or attempting to perform any of such acts, be deemed to have appointed the Secretary of State,
or his successor or successors in office, to be the true and lawful attorney or agent of such
insurer whom process may be served in any action accrued or accruing from the transacting
of such business or the performing of such act by any such insurer, or by its agent, servant,
or employee. Service of such process shall be made by...
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12-14-51
Section 12-14-51 Magistrates deemed chief officers of agency; appointment and powers of magistrates.
(a) The magistrates shall be considered the chief officers of the municipal court administrative
agency. (b) The Supreme Court may, by rule, prescribe procedures for the appointment of magistrates
by class or position and, in addition thereto, provide for the appointment of other magistrates
by the Administrative Director of Courts, upon recommendation by municipal judges. (c) The
powers of a magistrate shall be limited to the following: (1) Issuance of arrest warrants.
(2) Granting of bail in minor misdemeanor prosecutions in accordance with the discretionary
bail schedule and approving property, cash, and professional surety bonds upon a municipal
judge's approval. (3) Receiving of pleas of guilty in minor misdemeanors where a schedule
of fines has been prescribed by rule. (4) Accountability to the municipal court for all uniform
traffic tickets and complaints issued, including all...
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15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of probation;
sanctions. (a) The period of probation or suspension of execution of sentence shall be determined
by the court and shall not be waived by the defendant, and the period of probation or suspension
may be continued, extended, or terminated. However, except as provided in Section 32-5A-191
relating to ignition interlock requirements, in no case shall the maximum probation period
of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period
of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1.
When the conditions of probation or suspension of sentence are fulfilled, the court shall,
by order duly entered on its minutes, discharge the defendant. (b) The court granting probation,
upon the recommendation of the officer supervising the probationer, may terminate all authority
and supervision over the probationer prior to the...
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