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15-13-119
Section 15-13-119 Surrender of defendant to his or her original custodians necessary to exonerate
bail; when new bail is allowed. To exonerate the bail, the surrender of the defendant, other
than that in Section 15-13-116, shall be made to the original custodian of the county or municipality
in which the court is held and to which the defendant is bound to appear, or to which the
trial has been removed. If there is no warrant of arrest pending for the defendant's arrest,
then the original approving officer may discharge the defendant on his or her giving new bail
in the same amount. (Acts 1993, No. 93-677, p. 1259, §20.)...
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15-13-21
Section 15-13-21 Form and requisites of bail not taken in open court. When not taken in open
court, the undertaking of bail must be in writing, signed by the defendant and at least two
sufficient sureties and approved by the court or officer taking the same, and may be substantially
in the following form: The State of ) We, A. B., C. D., and E. F. agree to pay to the State
of Alabama) Alabama ______ dollars (the sum prescribed by the court _____ County) or officer)
unless the said A. B.appears at the next session of the ____ court of ____ County, and from
session to session thereafter until discharged by law, to answer a criminal prosecution for
the offense of _____ (specifying the particular offense with which he is charged.) (Signed)
A.B. C.D. E.F. (Code 1852, §688; Code 1867, §4239; Code 1876, §4847; Code 1886, §4420;
Code 1896, §4362; Code 1907, §6342; Code 1923, §3375; Code 1940, T. 15, §200; Acts 1949,
No. 199, p. 230.)...
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12-11-30
Section 12-11-30 Generally. (1) CIVIL. The circuit court shall have exclusive original jurisdiction
of all civil actions in which the matter in controversy exceeds twenty thousand dollars ($20,000),
exclusive of interest and costs, and shall exercise original jurisdiction concurrent with
the district court in all civil actions in which the matter in controversy exceeds six thousand
dollars ($6,000), exclusive of interest and costs. (2) CRIMINAL. The circuit court shall have
exclusive original jurisdiction of all felony prosecutions and of misdemeanor or ordinance
violations which are lesser included offenses within a felony charge or which arise from the
same incident as a felony charge; except, that the district court shall have concurrent jurisdiction
with the circuit court to receive pleas of guilty in felony cases not punishable by sentence
of death. The circuit court may, on conviction of a defendant, upon a showing of inability
to make immediate payment of fine and costs,...
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12-14-13
Section 12-14-13 Probation. (a) Municipal courts may suspend execution of sentence and place
a defendant on probation for varying periods of time, not to exceed two years. (b) The court
may require such investigations as may be deemed necessary and desirable to be made by a probation
officer or such other suitable person or persons as the court may designate as to the circumstances
of the offense and the criminal record, social history and present condition of the defendant.
(c) The court may suspend the execution of sentence and continue the defendant under an existing
bond or may require such additional bail as it deems necessary pending the disposition of
the application for probation. (d) The court shall determine and may, at any time, modify
the conditions of probation and may require the probationer to comply with the following or
any other conditions: (1) To avoid injurious or vicious habits; (2) To avoid persons or places
of disreputable or harmful character; (3) To report to...
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15-11-5
Section 15-11-5 Issuance of alias arrest warrant upon default. On the failure of the defendant
to appear on the day to which an examination is adjourned, another warrant of arrest may be
issued, upon which the same proceedings may be had against the defendant as on the original
warrant. (Code 1852, §457; Code 1867, §4006; Code 1876, §4676; Code 1886, §4283; Code
1896, §5232; Code 1907, §7597; Code 1923, §5230; Code 1940, T. 15, §132.)...
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15-11-7
Section 15-11-7 Appearance by counsel for defendant; separation of witnesses; control of hearing.
In a preliminary examination, the defendant may appear by counsel and, on application, the
court may direct the witnesses for the prosecution or defense, or both, to be kept separate
so that they cannot hear the evidence or converse with each other until examined. Such an
examination is under the control of the court and should be so conducted as to elicit the
facts of the case. (Code 1852, §§459, 460; Code 1867, §§4008, 4009; Code 1876, §§4678,
4679; Code 1886, §4285; Code 1896, §5234; Code 1907, §7599; Code 1923, §5232; Code 1940,
T. 15, §134.)...
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15-6-25
Section 15-6-25 Discharge of defendant; commitment to jail; contents of commitment warrant.
(a) Upon an undertaking, with sufficient sureties being given, the defendant must be discharged;
and, if not given, the circuit, district or municipal court judge must commit him to jail
until he gives the same, specifying in the warrant of commitment the cause thereof, the time
he is required to keep the peace, towards whom particularly and the sum in which security
is required. (b) Any person committed under the provisions of subsection (a) of this section
may be discharged by the sheriff of the county in which he is detained upon entering into
an undertaking to keep the peace, with sufficient sureties, in the sum and for the term required
by the circuit, district or municipal court judge. (Code 1852, §§416, 417; Code 1867, §§3965,
3966; Code 1876, §§4035, 4036; Code 1886, §§4689, 4690; Code 1896, §§5170, 5171; Code
1907, §§7529, 7530; Code 1923, §§5147, 5148; Code 1940, T. 15,...
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35-11-225
Section 35-11-225 Judgment by default. Judgment by default may be entered against any defendant,
except infants and persons non compos mentis, who, after service has been perfected on him,
fails to appear within the time required by law in other cases. (Code 1876, §3450; Code 1886,
§3035; Code 1896, §2740; Code 1907, §4771; Code 1923, §8849; Code 1940, T. 33, §53.)...
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36-11-9
Section 36-11-9 Proceedings in Supreme Court - Issuance and service of order to appear and
answer information, summons and copy of information; setting of trial date, granting of continuances,
etc. If such information shall be filed under Section 174 of Article 7 of the constitution,
the Supreme Court, in term time, or a justice thereof, in vacation, shall make an order requiring
the officer proceeded against to appear at a place and on a day, which may be either in term
time or vacation, to be specified in the order and answer the information. The clerk of the
court shall issue a summons, in which shall be set forth a copy of the order, directed to
any sheriff of the State of Alabama, which, together with a copy of the information, shall
be served on the defendant. If the summons is served 20 days before the day specified in the
order, the defendant shall answer the information on the day specified; and, if the summons
is served less than 20 days before the day so specified, the...
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6-6-166
Section 6-6-166 Return - Where levy made in different county than where judgment entered or
original attachment issued; trial in circuit court; effect of copies; forfeiture of bond.
(a) When the levy is made in a different county from that in which the judgment was entered
or the original attachment issued, if a claim is interposed to the property, it is the duty
of the officer levying the writ to return the original to the court from which it issued,
with a statement thereon showing the interposition of the claim and true copies of the affidavit
and bond, certified by him; and he must return the original affidavit and bond and a true
copy of the writ under which the levy was made, certified by him, to the circuit court of
his own county, where, after 30 days, the trial of the right of property must be had. The
copies thus required to be made, certified as provided in this section, must be received in
lieu of and have, in all respects, the same effect as the originals. (b) If, in the...
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