15-8-110
Section 15-8-110 Preferring of new indictment; form of entry of record. When an indictment
is lost, mislaid or destroyed, the court may, on satisfactory proof thereof, order another
indictment to be preferred at the session at which such proof is made or at a subsequent session,
in which case an entry of record must be made to the effect following: "The State ) In
this case, it appearing to the court that an indictment was preferred against the defendant
at the _____ session, 20__, (stating the time) and that said indictment is lost, v.) A. B.)
mislaid or destroyed; it is, therefore, ordered that a new indictment be preferred against
the defendant for the same offense." (Code 1852, §595; Code 1867, §4145; Code 1876,
§4818; Code 1886, §4391; Code 1896, §4919; Code 1907, §7157; Code 1923, §4552; Code 1940,
T. 15, §255.)...
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35-6-44
Section 35-6-44 Proceedings against unknown persons and certain other parties defendant.
When it is necessary to make any persons defendant to a petition in the probate court filed
for the partition of property or for a sale thereof because it cannot be equitably divided,
and the names of all or any of such persons are unknown to the petitioner and cannot be ascertained
on diligent inquiry, if the petitioner shall state in a petition, or in an affidavit thereto
annexed, that the names of such persons are unknown, and that he has made diligent inquiry
to ascertain the same, proceedings may be had against them without naming them; and the judge
of probate must make publication as in case of nonresident defendants, describing such unknown
parties as near as may be by the character in which they are sued, and with reference to their
title or interest in the property sought to be partitioned or to be sold for division of the
proceeds. Should petitioner, after exercising reasonable diligence...
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15-25-2
Section 15-25-2 Prosecution for physical or sexual offense or exploitation involving
child under age 16 - Videotaped deposition; who may be present; procedure; protective order.
(a) In any criminal prosecution referred to in Section 15-25-1, the court, upon motion
of the district attorney or Attorney General, for good cause shown and after notice to the
defendant, may order the taking of a videotaped deposition of an alleged victim of or witness
to the crime who is under the age of 16 at the time of the order. (b) On any motion for a
videotaped deposition of the victim or a witness, the court shall consider the age and maturity
of the child, the nature of the offense, the nature of testimony that may be expected, and
the possible effect that the testimony in person at trial may have on the victim or witness,
along with any other relevant matters that may be required by Supreme Court rule. (c) During
the taping of a videotaped deposition authorized pursuant to this section, the...
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15-9-84
Section 15-9-84 Time within which indictment, etc., to be brought to trial; continuances;
failure to bring indictment, etc., to trial within specified time. Within 90 days after the
receipt of the request and certificate by the court and district attorney or within such additional
time as the court for good cause shown in open court may grant, the prisoner or his counsel
being present, the indictment, information or complaint shall be brought to trial; but the
parties may stipulate for a continuance or a continuance may be granted on notice to the attorney
of record and opportunity for him to be heard. If, after such a request, the indictment, information
or complaint is not brought to trial within that period, no court of this state shall any
longer have jurisdiction thereof, nor shall the untried indictment, information or complaint
be of any further force or effect, and the court shall dismiss it with prejudice. (Acts 1978,
No. 590, p. 693, §5.)...
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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness
unavailable because of exceptional circumstances. (a) In any criminal prosecution, the court
may, upon motion of the district attorney, the defense, or the court, for good cause shown
and after notice to the parties, order the taking of a deposition or a videotaped deposition
of a victim or a witness when the victim or witness is or may be unavailable for trial for
medical reasons or other exceptional circumstances. On any motion for a deposition or a videotaped
deposition of the victim or witness, the court shall consider the age of the victim or witness,
the potential unavailability of the victim or witness for trial, the nature of the offense,
the nature of testimony that may be expected, and the possible effect that testimony in person
at trial may have on the victim or witness, along with any other relevant matters that may
be required by Supreme Court rule. During the taking of a deposition or...
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12-22-199
Section 12-22-199 Judgment for costs against petitioner when appeal unfavorable; payment
thereof into General Fund; liability for payment. In appeals taken under the provisions of
this division, if the judgment or order of the trial court is affirmed or disposed of otherwise
unfavorably to the defendant or petitioner, the Supreme Court or the Court of Criminal Appeals
affirming said judgment or order shall enter a judgment for costs against the defendant or
petitioner, including an amount equal to the fees of the court reporter paid by the state
for transcribing the evidence and the fees of the clerk incident to the appeal paid by the
state. If said costs are paid by defendant or petitioner, or by another in his behalf, such
costs shall be paid into the General Fund of the State of Alabama. If such costs are not presently
paid by the defendant or petitioner, or by another in his behalf, execution shall be issued
by the trial court upon said judgment against the defendant or petitioner;...
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15-24-7
Section 15-24-7 Information gained under chapter inadmissible on issue of guilt. No
information gained as a result of the provisions of this chapter shall be admissible in evidence
either for or against the defendant on the issue of guilt in any criminal proceeding. (Acts
1985, No. 85-652, p. 1020, §7.)...
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45-37A-240.01
Section 45-37A-240.01 Prisoner transport fee. (a)(1) Notwithstanding any law to the
contrary, the Municipal Court of the City of Hoover, Alabama, may assess a prisoner transport
fee against a defendant for expenses incurred in transporting the defendant on a Hoover Municipal
Court misdemeanor warrant from another municipal jail, county jail, or a state detention facility
to the Hoover Municipal Detention Facility. (2) The fee provided in this section may
be assessed in all criminal cases by the municipal judge when a transport is required as described
in subdivision (1), and may be collected only when a defendant is adjudicated guilty or pleads
guilty on or after May 24, 2005. The prisoner transport fee shall be collected from the defendant
as court costs and other fees are collected. (3) Assessment of a prisoner transport fee by
the municipal court is permitted only when transport of a defendant is required from outside
the police jurisdiction of the City of Hoover, but within the...
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45-37A-270
Section 45-37A-270 Prisoner transport fee. (a)(1) Notwithstanding any law to the contrary,
the Municipal Court of the City of Irondale in Jefferson County may assess a prisoner transport
fee against a defendant for expenses incurred in transporting the defendant on an Irondale
Municipal Court misdemeanor warrant from another municipal jail, county jail, or a state detention
facility to the municipal jail for the City of Irondale. (2) The fee provided in this section
may be assessed in all criminal cases by the municipal judge when a transport is required
as described in subdivision (1), and may be collected only when a defendant is adjudicated
guilty or pleads guilty on or after May 22, 2013. The prisoner transport fee shall be collected
from the defendant as court costs and other fees are collected. (3) Assessment of a prisoner
transport fee by the municipal court is permitted only when transport of a defendant is required
from outside the police jurisdiction of the City of Irondale,...
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10A-21-3.01
Section 10A-21-3.01 Docketing and issuance of notice of indictment. When an indictment
is returned against a corporation doing business in this state, such indictment shall be forthwith
docketed, and the clerk of the court shall issue a notice thereof to the defendant corporation,
accompanied by a certified copy of the indictment. (Code 1896, §5316; Code 1907, §6624;
Code 1923, §3727; Code 1940, T. 10, §199; §10-7-1; amended and renumbered by Act 2009-513,
p. 967, §360.)...
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