15-18-143
Section 15-18-143 Employment income withholding order - Generally. (a)(1) Any provision
of Section 8-5-21, or any other law of this state to the contrary, notwithstanding,
and in addition to any other remedy which is or may be hereafter provided by law for the enforcement
or collection of a restitution order, any original decree, judgment or order issued by any
court for the payment of restitution may, on motion of the victim, district attorney, probation
or parole officer, or the court, include an order directing any employer of the defendant
to withhold and pay over to the clerk of the court, out of the employment income due or to
become due the defendant at each pay period, an amount ordered to be paid as restitution.
(2) Such order shall recite the amount of the restitution obligation and shall require the
employer to withhold a definite amount from such income due or becoming due at each pay period
and pay such amount to the clerk of the court. Provided, if the restitution is...
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15-13-118
Section 15-13-118 Arrest of defendant by surety after conditional forfeiture. After
the entry of a conditional forfeiture against any surety on an undertaking of bail, the surety
may arrest the defendant as provided in Section 15-13-117, but the arrest and delivery
of the defendant to the authorized jail as stated in Section 15-13-117 shall not exonerate
the surety unless, in the judgment of the court, a good and sufficient cause is given for
the failure of the defendant to appear at the time the conditional judgement was entered.
(Acts 1993, No. 93-677, p. 1259, §19.)...
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15-16-61
Section 15-16-61 Definitions. The following definitions shall apply to this article:
(1) COURT. The court which committed the defendant pursuant to Section 15-16-43. (2)
DEFENDANT. A defendant in a criminal case who has been found not guilty by reason of insanity,
or not guilty by reason of mental disease or defect, and has been committed to the custody
of the Alabama State Department of Mental Health and Mental Retardation or another facility
as provided by Section 15-16-43. (3) DEPARTMENT. The State Department of Mental Health
and Mental Retardation. (4) DISTRICT ATTORNEY. The district attorney for the judicial circuit
of the court which committed the defendant pursuant to Section 15-16-43. (5) REGIONAL
OR COMMUNITY MENTAL HEALTH FACILITY. Any mental health facility providing mental health services
pursuant to Sections 22-51-1 through 22-51-14. (Acts 1988, No. 88-581, p. 906, §2.)...
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15-13-132
Section 15-13-132 Conditional forfeiture notice to defendant and sureties. A notice
of the rendition of the judgment set forth in Section 15-13-131 shall be issued by
the clerk of the court and served according to the terms as established in this article within
90 days of the court's conditional forfeiture order to the defendant and sureties. The notice
may be in the following form: STATE OF ALABAMA ___ (or City of ___) Defendant vs ___ County
___ Surety Case No. ___ ___ Surety Charge: ___ Conditional Forfeiture Notice To: ___ ___ Court
Defendant ___ ___ Surety You are hereby notified that your name appears as a surety on the
bond in the above styled case. This case was called for trial on ___ (date) and the defendant
was not present to answer. Therefore, a conditional forfeiture of ___ dollars was entered
against you. You shall file a written response within 28 days after you...
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15-15-43
Section 15-15-43 Abatement of prosecution of misdemeanor in circuit court when case
commenced and pending in district or municipal court. (a) The original jurisdiction of the
circuit courts over felonies and misdemeanors is, in all things, unchanged; except, that when
a prosecution for a misdemeanor has been first commenced and is still pending in a district
court or a municipal court, the prosecution in the circuit court shall be abated on plea.
(b) The plea provided for in subsection (a) of this section must state that the prosecution
in the district court or the municipal court was commenced without the agency, request, participation,
connivance or authority of the defendant and must be sworn to. Each and every averment of
the plea may be traversed and denied; and if, on the trial of the issue, it appears that such
prosecution was commenced by the agency, request, participation, connivance or authority of
the defendant, then the jury must be instructed, if it finds either of these...
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17-13-89
Section 17-13-89 Commissioners to take testimony. Upon filing of any contest as herein
provided, the executive committee before whom any such contest is pending, if in session,
or the chair of such committee, if it is not in session, may appoint a commissioner, upon
the request of either party, for the purpose of taking testimony in such contest, and such
commissioner shall take testimony in such contest as he or she may be directed to take by
the chair of such committee, and five days' notice of the time when and place where such commissioner
expects to take such testimony and the names of the witnesses to be examined shall be given
the opposite party to the contest. Each party to the contest may be represented before such
commissioner, but before any such commissioner is appointed, the party desiring the appointment
made shall deposit with the chair of such committee sufficient funds to pay the expenses and
fees of such commissioner and the fees and mileage of any witness which may...
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43-8-192
Section 43-8-192 Drawing and summoning of jurors; penalty for default. (a) The jury
for the trial of such contest must be drawn and summoned as provided by law. (b) Any person
summoned as a juror who shall, without legal cause or good excuse, fail to attend at the time
and place required, shall be guilty of a contempt of court and may be punished by the court
by a fine of not exceeding $100.00. (Code 1852, §§1637-1639; Code 1867, §§1956-1958; Code
1876, §§2320-2322; Code 1886, §§1991, 1992; Code 1896, §§4289, 4290; Code 1907, §§6198,
6199; Acts 1909, No. 227, p. 305; Code 1923, §§10627, 10628; Code 1940, T. 61, §§54, 55;
Code 1975, §43-1-72.)...
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6-6-391
Section 6-6-391 Affidavit of amount due plaintiff. To obtain such writ of garnishment,
the plaintiff, his agent or attorney must make, before an officer authorized to administer
oaths, and file, with the clerk of the court in which the action is pending or the judgment
was entered, an affidavit stating the amount due from the defendant to the plaintiff, or his
assignee, that process of garnishment is believed to be necessary to obtain satisfaction thereof
and that the person to be summoned as garnishee is believed to be chargeable as garnishee
in the case. It is not ground of objection that two or more persons having separate interests
are mentioned as garnishees. (Code 1852, §2471; Code 1867, §2892; Code 1876, §3219; Code
1886, §§2968, 2973; Code 1896, §2173; Code 1907, §4302; Code 1923, §8053; Code 1940,
T. 7, §997.)...
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6-7-30
Section 6-7-30 Proceedings when defendant involved in bankruptcy. In any civil action
in any court in this state in which the defendant has been adjudicated a bankrupt, in which
a defendant has filed a petition in bankruptcy or against whom a petition in bankruptcy has
been filed, it shall be the duty of the court in which such civil action is pending to proceed
with the trial of such action, if leave to do so is granted by the bankruptcy court, and to
enter judgment in accordance with the law and the evidence in the case. The court in which
such civil action is pending shall also have authority, and it shall be its duty, to grant
such stay of execution against such defendant as may be appropriate or as may be provided
for in the order of the bankruptcy court, or to embody in the judgment entered in such case
such provision as may be appropriate, or as may be provided in the order of said bankruptcy
court, so as to limit the manner of enforcement of said judgment, or so as to limit the...

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11-88-72
Section 11-88-72 Appeal from assessments to circuit court - Conduct of trial generally;
when costs of appeal and trial adjudged against authority. The said appeal may be tried on
the record without other pleadings and the court shall hear all objections of the property
owners to the said assessment and the amount thereof, shall determine whether or not such
assessment exceeds the increased value of such property by reason of the special benefits
derived from the improvement, and shall render judgment accordingly. Such appeal shall be
tried by the judge without a jury, unless a jury trial is demanded at the time of filing appeal,
in which event the appeal shall be tried by a jury as provided in common law cases. In event
the court or jury shall not sustain the assessment for the full amount, the costs of appeal
and trial in circuit court shall be adjudged against the authority. (Acts 1973, No. 826, p.
1293, §33.)...
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