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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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22-52-91
Section 22-52-91 Duty of law enforcement officer, community mental health officer to take into
custody alleged mentally ill persons; detention; admission; hearing. (a) When a law enforcement
officer is confronted by circumstances and has reasonable cause for believing that a person
within the county is mentally ill and also believes that the person is likely to be of immediate
danger to self or others, the law enforcement officer shall contact a community mental health
officer. The community mental health officer shall join the law enforcement officer at the
scene and location of the person to assess conditions and determine if the person needs the
attention, specialized care, and services of a designated mental health facility. If the community
mental health officer determines from the conditions, symptoms, and behavior that the person
appears to be mentally ill and poses an immediate danger to self or others, the law enforcement
officer shall take the person into custody and,...
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44-1-36
Section 44-1-36 Commitment of mentally ill or retarded youth to state hospital; discharge of
rehabilitated youth; release of youth into aftercare; termination or extension of orders of
commitment. (a) In the event a committed youth shall be diagnosed in writing as mentally ill
to the degree that said youth is unable to profit from the programs operated by the department
of youth services for the benefit of delinquent youth, the department may petition the proper
juvenile court for the commitment of the said youth to the state hospital for the mentally
ill. The diagnosis must be made by a person who is legally and professionally qualified under
the laws of Alabama to make such a diagnosis. (b) In the event a committed youth shall be
diagnosed in writing as mentally retarded to the degree that said youth is unable to profit
from the programs operated by the department for the benefit of delinquent youth, the department
may petition the proper juvenile court for the commitment of the said...
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6-5-154
Section 6-5-154 Violations constituting contempt; proceedings thereon. (a) In case of the violation
of any injunction or closing order granted under the provisions of this division or of any
restraining order or the commission of any contempt of court in proceedings under this division,
the court or the judge thereof may try and punish the offender. The proceedings shall be commenced
by filing with the register or clerk of the court a complaint under oath setting out and alleging
facts constituting such violation, upon which the court or judge shall cause a warrant to
issue, under which the defendant shall be arrested; he may be released on bond, pending the
hearing, to be fixed by the judge. The trial may be had upon affidavits or either party may
demand the production and oral examination of witnesses. (b) A party found guilty of contempt
under the provisions of this section shall be punished by a fine of not less than $100 nor
more than $200, or by imprisonment in the county jail...
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12-15-106
Section 12-15-106 Juvenile court referees' qualifications and appointment; conduct of hearings
of cases by juvenile court referees; transmission of findings and recommendations for disposition
of juvenile court referees to juvenile court judges; provision of notice and written copies
of findings and recommendations of juvenile court referees to parties; rehearing of cases
by juvenile court judges; when findings and recommendations of juvenile court referees become
decree of the juvenile court. (a) Appointment of Referees. The Administrative Director of
Courts may authorize one or more referee positions in any judicial circuit on either a full-time
or a part-time basis upon submission of a written request by the presiding juvenile court
judge and upon consideration of funding and the juvenile and child-support caseload in the
circuit. Once the Administrative Director of Courts approves the request, the presiding judge
of the juvenile court may appoint an attorney the judge believes to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-106.htm - 7K - Match Info - Similar pages
12-15-202
Section 12-15-202 Rights of the child. (a) Rights of the child when taken into custody. When
a child is taken into custody, the person taking the child into custody shall inform the child
of all of the following, in language understandable to the child: (1) The reason that the
child is being taken into custody. (2) That the child has the right to communicate with his
or her parent, legal guardian, or legal custodian whether or not that person is present. If
necessary, reasonable means will be provided for the child to do so. (3) The child has the
right to communicate with an attorney. If the child does not have an attorney, one will be
appointed for him or her. If the child has an attorney who is not present, reasonable means
shall be provided for the child to communicate with the attorney. (b) Rights of the child
before being questioned while in custody. Before the child is questioned about anything concerning
the charge on which the child was taken into custody, the person asking the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-202.htm - 8K - Match Info - Similar pages
11-42-104
Section 11-42-104 Oath and compensation of commissioners; expenses of election; failure of
commissioner to act. Before entering upon the discharge of their duties, the commissioners
shall take an oath before some officer authorized by law to administer oaths to faithfully
and impartially discharge their duties as such commissioners. They shall be paid for their
services such amount as may be allowed by the several councils by ordinance, and the expense
of such election shall be paid forthwith by the consolidated city or town. If any commissioner
fails or refuses without sufficient excuse to act upon said commission, he shall be guilty
of a misdemeanor and, upon conviction therefor in a court having jurisdiction, shall be fined
not less than $100.00 nor more than $500.00. If for any reason a member of the commission
shall not act, the other commissioners shall have the right to declare his office vacant and
fill the vacancy by the appointment of some suitable person. (Code 1907, ยง1130;...
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12-15-212
Section 12-15-212 Conduct of delinquency and child in need of supervision hearings. (a) If
the allegations are denied, the juvenile court shall proceed to hear evidence on the petition.
If the juvenile court finds on proof beyond a reasonable doubt, based upon competent, material,
and relevant evidence, that the child committed the acts by reason of which the child is alleged
to be delinquent or in need of supervision, the juvenile court shall record its findings and
proceed to determine whether the child is in need of care or rehabilitation. If the juvenile
court finds that the allegations in the petition have not been established, the juvenile court
shall dismiss the petition and order the child discharged from any detention or temporary
care, theretofore ordered in the proceedings. (b) If the child admits to the allegations contained
in the petition, the juvenile court shall record its findings and proceed to determine whether
the child is in need of care or rehabilitation. (c) When...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-212.htm - 3K - Match Info - Similar pages
22-11A-28
Section 22-11A-28 Commitment petition - Limitations placed upon liberty of person; probate
judge determination; standard for imposing limitations; probable cause hearing; temporary
treatment before final hearing. (a) When a petition has been filed, seeking to have limitations
placed upon the liberty of a person, pending the outcome of a final hearing on the merits,
the probate judge shall order the sheriff of the county in which such person is located, to
serve a copy of the petition upon such person and to bring such person before the probate
judge instanter. When any such person against whom a petition has been filed, seeking to have
limitations placed upon such person's liberty pending the outcome of a full and final hearing
on the merits, is initially brought before the probate judge, the probate judge shall determine
from an interview with the person sought to be committed and with other available persons,
what limitations, if any, shall be imposed upon such person's liberty and...
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36-11-25
Section 36-11-25 Proceedings where defendant has removed, absconded, or secreted himself. If,
in any case of proceedings for impeachment or removal from office under this chapter, the
defendant has removed, absconded or secreted himself so that the summons cannot be served
on him personally, the sheriff or other officer to whom the summons is issued shall serve
the same by leaving a copy thereof at the office of the defendant, if known, or at his last
place of residence; and the sheriff shall forthwith publish in some newspaper published in
the county or, if no newspaper is published in the county, in the newspaper published nearest
thereto a copy of the summons and notice to the defendant where a copy thereof has been left
for him. The sheriff shall make return of the summons as in other cases, stating the facts,
and such service shall be as valid to all intents and purposes as personal service on the
defendant; and, if the defendant fails to appear pursuant to the summons, whether...
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