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...
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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.)...
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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...
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15-13-81
Section 15-13-81 Conditional judgment - Entry; notice to defendant; execution and return of
notice; alias notices. (a) When an undertaking of bail is forfeited by the failure of the
defendant to appear as required, except when money is deposited instead of bail, a conditional
judgment must be entered by the court in favor of the state against the parties to the undertaking
for the sum thereon expressed, which judgment may be substantially as follows: The State)
vs.) A.B.) Indictment for assault and battery (or other offense, as the case may be). It appearing
to the court that the said A. B. together with C. D. and E. F. agreed to pay the State of
Alabama _____ dollars (the sum specified in the undertaking) unless the said A. B. appeared
at the time and place mentioned and fixed in the bond or undertaking to answer in this case;
and the said A. B. having failed to appear at the time and place mentioned in the bond or
undertaking, it is therefore ordered that the State of Alabama recover...
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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...
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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...
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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.)...
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6-6-457
Section 6-6-457 Proceedings on failure to appear and answer. If the garnishee fails to appear
and answer, a conditional judgment must be entered against him for the amount of the plaintiff's
claim, as ascertained by his judgment, to be made absolute unless he appears within 30 days
after notice of the conditional judgment issued by the clerk, to be served on him, as other
process, by the sheriff. If he fails to appear within the time required by the notice served
upon him or if two notices are returned "not found" by the sheriff of the county
in which the garnishment was executed, the judgment must be made absolute. (Code 1852, §2545;
Code 1867, §2973; Code 1876, §3298; Code 1886, §2980; Code 1896, §2195; Code 1907, §4324;
Code 1923, §8075; Code 1940, T. 7, §1019.)...
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12-17-185
Section 12-17-185 Duty to attend court. (a) It is the duty of every district attorney to attend
each session of the court for which he is district attorney and to remain in the discharge
of his duties until the business of the state is disposed of. Any district attorney, other
than those mentioned in subsection (b) of this section, failing to so attend or absenting
himself before the business of the state is disposed of, forfeits to the state the sum of
$100.00, for which a conditional judgment must be entered, to be made absolute on notice to
such district attorney unless a good excuse is rendered. (b) If any district attorney who
is paid a salary by the state fails or neglects to attend any session of the court for which
he is district attorney or, after attending, absents himself before the business of the state
is disposed of, he forfeits to the state the sum of $25.00 for every day he is thus absent
or fails to attend, to be deducted by the Comptroller from his salary. The absence...
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15-13-136
Section 15-13-136 Failure to issue and serve conditional forfeiture in 90 days. In forfeiture
cases where the clerk of the court has failed to issue the conditional forfeiture notice as
stipulated in Section 15-13-132 and where there has been no service as set out in Section
15-13-134 made within 90 days of the order of the court as set out in Section 15-13-131, and
where the sureties have complied with Section 15-13-133, then the sureties shall be discharged
from all liability of the bail and the conditional judgment shall be set aside against such
sureties. (Acts 1993, No. 93-677, p. 1259, §37.)...
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