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12-22-90
Section 12-22-90 Appeals in habeas corpus. (a) Any party aggrieved by the judgment on the trial
of a habeas corpus may appeal to the appropriate appellate court. (b) The district attorney
or other prosecuting officer or attorney may take an appeal on behalf of the state to the
appropriate appellate court when, on habeas corpus, any person held in custody under a charge
or conviction for crime or for extradition as a fugitive from justice from any other state
is discharged from custody or when any person held in custody under an indictment by the grand
jury charging him with a capital offense is admitted to bail. In all such cases the judgment
must be stayed pending the appeal. (c) Pending the appeal, the person restrained shall be
admitted to bail, with sufficient sureties, conditioned that he will appear before such court
or officer as may be prescribed by the judge and abide the judgment entered, provided such
person is charged with an offense that is bailable under the laws of this...
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36-11-21
Section 36-11-21 Fees and compensation of witnesses generally; statement to be filed by examiner
as to fees and compensation to which witnesses entitled; payment of fees and compensation
of state witnesses before Supreme Court when proceedings instituted on information of Attorney
General. Witnesses in impeachment cases are entitled to the same fees and compensation as
witnesses in civil cases in the circuit court, to be certified in the same manner and taxed
and collected as costs. The examiner must file with his return a statement showing the names
of witnesses examined by each party and the fees and compensation to which they are entitled.
When the proceeding is upon the information of the Attorney General, the fees of witnesses
on the part of the state attending before the Supreme Court must be paid out of the treasury
on warrant of the Comptroller, drawn upon the certificate of the clerk showing the fees and
compensation to which the witness is entitled and the approval of the...
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6-9-210
Section 6-9-210 Certificate of clerk or register to be filed with probate judge; registration
and indexing by probate judge. The owner of any judgment entered in any court of this state
or of the United States held in this state may file in the office of the judge of probate
of any county of this state a certificate of the clerk or register of the court by which the
judgment was entered, which certificate shall show the style of the court which entered the
judgment, the amount and date thereof, the amount of costs, the names of all parties thereto
and the name of the plaintiff's attorney and shall be registered by the judge of probate in
a book to be kept by him for that purpose, which said register shall also show the date of
the filing of the judgment. Said judge shall make a proper index to said book, which shall
also show under the proper letter or letters of the alphabet the names of each and every defendant
to said judgment, and such judgments shall be recorded in chronological...
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15-15-4
Section 15-15-4 Forms of pleas, replications, rejoinders and demurrers. The following forms
of pleas, replications, rejoinders and demurrers are sufficient in all cases in which they
are applicable, but they are not exclusive, and any other form sufficient at common law, under
the statutes or any analogous or kindred pleadings, where no form is provided in this Code,
may be used: (1) CAPTION. - The following caption may be used as a part of each of the following
forms: The State of Alabama, v. In _____ court, ____County. A.B. (2) GENERAL FORM OF PLEA.
- Comes the defendant (in his own proper person, or by attorney) and for plea says: The state
ought not further to prosecute this indictment against him because _____ (stating matter constituting
the plea). And this the defendant is ready to verify and prays judgment that he be discharged
(or it may conclude, "and of this he puts himself upon the country," whenever appropriate).
___, defendant or attorney for defendant. (3)...
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27-44-18
Section 27-44-18 Stay of proceedings; reopening default judgments. All proceedings in which
the insolvent insurer is a party in any court in this state shall be stayed 180 days from
the date an order of liquidation, rehabilitation, or conservation is final to permit proper
legal action by the association on any matters germane to its powers or duties. As to judgment
under any decision, order, verdict, or finding based on default the association may apply
to have such judgment set aside by the same court that made such judgment and shall be permitted
to defend against such suit on the merits. (Acts 1982, No. 82-561, p. 922, §18; Act 2012-319,
p. 724, §1.)...
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43-8-198
Section 43-8-198 Transfer of contest to circuit court; appeal from judgment of circuit court;
certification of judgment, etc., to probate court. Upon the demand of any party to the contest,
made in writing at the time of filing the initial pleading, the probate court, or the judge
thereof, must enter an order transferring the contest to the circuit court of the county in
which the contest is made, and must certify all papers and documents pertaining to the contest
to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit
court and a special session of said court may be called for the trial of said contest or,
said contest may be tried by said circuit court at any special or regular session of said
court. The issues must be made up in the circuit court as if the trial were to be had in the
probate court, and the trial had in all other respects as trials in other civil cases in the
circuit court. An appeal to the supreme court may be taken from the...
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6-6-337
Section 6-6-337 Proceedings upon determination for either plaintiff or defendant. (a) If the
judge determines in favor of the plaintiff, he must record the decision and enter judgment
with costs, upon which he must issue a writ of execution commanding the sheriff or the constable
to restore the plaintiff to possession or place him in possession of his lands and tenements
according to complaint and to levy on and sell a sufficiency of the defendant's goods and
chattels, lands and tenements to satisfy the costs of the proceedings. Successive writs may
issue at any time when necessary to eject defendant or collect costs and damages, and a defendant
who refuses to obey the mandate of the writ as to the possession of the property or who enters
upon the premises without just cause or legal excuse after being ejected shall be guilty of
resisting an officer and contempt of court and shall be punished and fined accordingly, in
the discretion of the court issuing the process. (b) If the judge...
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22-11A-64
Section 22-11A-64 Appeal process. (a) Any health care worker who has appealed the State Health
Officer's final order to the State Committee of Public Health and who is aggrieved by the
outcome may appeal that decision by filing a notice of appeal in the circuit court of his
or her county of residence or in the Circuit Court of Montgomery County within 30 days of
the issuance of the final decision of the State Committee of Public Health. (b) The health
care worker may be represented by counsel or may participate in proceedings in the court on
his or her own behalf. If the health care worker elects to represent himself or herself, the
pleadings, documents, and evidence filed with the court shall be liberally construed to do
substantial justice. The court shall provide assistance to the health care worker in preparing
and filing the notice of appeal and shall take those steps that are necessary to keep the
health care worker's identity confidential. The assistance may be provided by court...
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27-26-5
Section 27-26-5 Reports of judgments and settlements; confidentiality; penalty. (a) Any insurance
company which sells medical liability insurance to Alabama physicians or their professional
corporations or professional associations, or to hospitals or other health care providers
shall be required to report to the state licensing agency which issues the license of the
physician, hospital, or other health care provider any final judgment or any settlement in
or out of court resulting from a claim or action for damages for personal injuries caused
by an error, omission, or negligence in the performance of professional services with or without
consent rendered by its policyholder within 30 days after entry of a judgment in court or
agreement to settle a claim in or out of court. (b) The report rendered to the appropriate
state agency shall consist of the name of the policyholder, or if the policyholder is a professional
corporation or professional association, the name of the physician or...
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5-25-14
Section 5-25-14 Denial, suspension, or revocation of license. (a) The department may suspend
or revoke a license on any ground on which it might refuse to issue an original license, or
for a violation of any provision of this chapter or any rule or regulation issued under this
chapter or for failure of the licensee to pay, within 30 days after it becomes final and nonappealable,
a judgment recovered in any court within this state by a claimant or creditor in an action
arising out of the licensee's business in this state as a mortgage broker. In these actions,
the hearing and appeal procedures provided for in those sections shall be the only procedures
required under this chapter. (b) Notice of the department's intention to enter an order denying
an application for a license under this chapter or of an order suspending or revoking a license
under this chapter shall be given to the applicant or licensee in writing, sent by registered
or certified mail addressed to the principal place of...
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