15-13-137
Section 15-13-137 Conditional judgment set aside, reduced, or made absolute. If the defendants
appear and show sufficient cause for the default to be determined by the court, the conditional
judgment shall be set aside. If the excuse is not sufficient, or if the defendant or sureties
fail to appear at the final forfeiture hearing, the judgment shall be made absolute for the
entire sum expressed in the undertaking, or any portion thereof according to the circumstances.
(Acts 1993, No. 93-677, p. 1259, §38.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-137.htm - 820 bytes - Match Info - Similar pages

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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-131.htm - 3K - Match Info - Similar pages

15-13-82
Section 15-13-82 Conditional judgment - When set aside or made absolute; when excuses for default
heard. (a) If the defendants appear and show sufficient cause for their default on bail, to
be determined by the court, the conditional judgment must be set aside; but, if the excuse
is not sufficient or if they fail to appear, such judgment must be made absolute for the entire
sum expressed in the undertaking, or any portion thereof, according to the circumstances.
(b) Excuses for default on bail must be heard by the court on application at any time when
not engaged in other business. When a conditional judgment is set aside, no cost must be imposed
on the defendants; provided, however, that this section has no application where money is
deposited instead of bail. (Code 1852, §§707, 708; Code 1867, §§4258, 4259; Code 1876,
§§4867, 4868; Code 1886, §§4436, 4437; Code 1896, §§4379, 4380; Code 1907, §§6359,
6360; Code 1923, §§3392, 3393; Code 1940, T. 15, §§217, 218; Acts...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-82.htm - 1K - Match Info - Similar pages

15-13-81
be made absolute against you on the _____ day of _____ of said court, during the session of
said court, unless you then and there appear and show cause against the same. (c) The notice
required by subsection (b) of this section may be executed by the sheriff of any county in
the state and must be returned by the officer executing it, with his proper return thereon
endorsed, on or before the day and date fixed or specified in the notice. (d) If the notice
required by subsection (b) of this section is not served on any of the parties to the undertaking,
such other notices as are necessary may from time to time be issued; but two returns of "not
found" by the proper officer are equivalent to personal service. (Code 1852, §§3691-3694,
3697; Code 1867, §§4254-4257; Code 1876, §§4863-4866; Code 1886, §§4832-4835; Code 1896,
§§4375-4378; Code 1907, §§6355-6358; Code 1923, §§3388-3391; Code 1940, T. 15, §§213-216;
Acts 1949, No. 199, p. 230; Acts 1978, No. 821, p. 1207, §8.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-81.htm - 3K - Match Info - Similar pages

12-12-70
Section 12-12-70 Right of appeal and procedure for appeals generally; dismissal for failure
to appear. (a) Civil cases. Any party may appeal from a final judgment of the district court
in a civil case by filing notice of appeal in the district court, within 14 days from the
date of the judgment or the denial of a posttrial motion, whichever is later, or, if the appeal
is to an appellate court, within the time prescribed by the Alabama Rules of Appellate Procedure
or the Alabama Rules of Juvenile Procedure where applicable, together with security for costs
as required by law or rule. (b) Criminal cases. A defendant may appeal from a final judgment
of the district court in a criminal or quasi-criminal case by filing notice of appeal within
14 days from the date of judgment or from the date of denial of a post-trial motion, whichever
is later, together with such bond as may be fixed by the court, conditioned upon the defendant's
appearance before the circuit court; provided, however, that...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-12-70.htm - 5K - Match Info - Similar pages

12-21-248
Section 12-21-248 Conditional judgment against defaulting witnesses - Notice; when made absolute.
Where a conditional judgment has been entered against a defaulting witness in a criminal case,
if he does not appear before the docket then in process of being heard is completed and show
a sufficient cause for his default, a notice must be issued by the clerk of the court within
30 days notifying him of the entry of such conditional judgment and that the same will be
made absolute at the expiration of 30 days from the date of service of said notice unless
he appears and shows sufficient excuse for his default, which notice must be served by the
sheriff and return thereof made to the clerk. If he fails to appear as required or fails to
show sufficient excuse for his default, to be determined by the court, the judgment must be
made absolute against him. (Code 1852, §673; Code 1867, §4225; Code 1876, §4930; Code 1886,
§4471; Code 1896, §5295; Code 1907, §7892; Code 1923, §5630; Code...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-248.htm - 1K - Match Info - Similar pages

15-13-63
Section 15-13-63 Arrest of defendant by bail after conditional judgment. After the entry of
conditional judgment against any surety on an undertaking of bail, he may arrest the defendant
as provided in Section 15-13-62, but such arrest and delivery of the defendant to the sheriff
shall not exonerate the surety unless, in the judgment of the court, a good and sufficient
excuse is given for the failure of the defendant to appear at the time the conditional judgment
was entered. (Code 1896, §4372; Code 1907, §6352; Code 1923, §3385; Code 1940, T. 15, §210;
Acts 1949, No. 199, p. 230.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-63.htm - 911 bytes - Match Info - Similar pages

15-13-140
Section 15-13-140 Reasons for default heard at any time, and allowed without costs. Reasons
for default shall be heard by the court on application, at any time when not engaged in other
business. When a conditional judgment is set aside for sufficient cause, no cost shall be
imposed on the sureties. This provision has no application where money is deposited instead
of bail. Sureties may appear before the courts of this state or its subdivisions to answer
any "show cause order," conditional or final forfeiture to give any reasons for
default, to present any defense to the default, and for any other purpose of informing the
courts about information relating to the appearance or non-appearance of the defendant on
the bail of which they are surety. If the surety is a professional surety or professional
bail company then any agent or representative of the professional surety or bail company may
appear for the same purposes. (Acts 1993, No. 93-677, p. 1259, §41.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-140.htm - 1K - Match Info - Similar pages

15-13-80
Section 15-13-80 Failure of defendant to appear; forfeiture of money deposited in lieu of bail.
(a) The essence of all undertakings of bail, whether upon a warrant, writ of arrest, suspension
of judgment, appeal or in any other case, is the appearance of the defendant at court; and
the undertaking is forfeited by the failure of the defendant to appear, although the offense,
judgment or other matter is incorrectly described in such undertaking, the particular case
or matter to which the undertaking is applicable being made to appear to the court. (b) If,
by reason of the neglect of the defendant to appear, money deposited instead of bail is forfeited
and the forfeiture is not discharged or remitted, the clerk with whom it is deposited must,
at the end of 30 days, unless the court has before that time discharged the forfeiture, pay
over the money deposited to such officer, official or employee authorized by law to receive
fines levied by such court. Thereupon the court shall, without any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-13-80.htm - 1K - Match Info - Similar pages

12-21-182
Section 12-21-182 Proceedings upon failure of subpoenaed witness to attend and remain. (a)
Any witness who, after being subpoenaed, fails to attend pursuant to the mandate of the subpoena
and remain until his testimony is given or he is discharged forfeits $100.00 to the use of
the party summoning him, and the attendance of such witness may be compelled by attachment.
(b) A conditional judgment must, on motion of such party, be entered against such witness
and a notice issued to him that such judgment will be made absolute unless he appears within
30 days from the date of the service of such notice and renders a good excuse for his default;
and, if he fails to appear and render a satisfactory excuse for his default, such judgment
may be made absolute or reduced, as the court may direct. (c) Witnesses failing to attend
court may make their excuse by affidavit, or viva voce, in open court, which the court must
hear at any time, unless engaged in the trial of a case, and, if the excuse is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-182.htm - 1K - Match Info - Similar pages