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15-21-7
Section 15-21-7 When petition may be addressed to another judge; justifying proof required;
ouster of jurisdiction of nearest judge. (a) When the petition for a writ of habeas corpus
is required to be addressed to the nearest circuit court judge and such judge is absent, is
incapable of acting, has refused to grant the writ, has refused to grant the writ returnable
within five days or has granted the writ returnable in five days but has failed or refused
to rule therein within five days from the return date, it may be addressed to any other circuit
court judge. In such case, before the writ is granted, proof must be made, either by the oath
of the applicant or other sufficient evidence, of the particular facts which justify such
address. (b) The jurisdiction of the nearest circuit court judge shall be ousted when the
petition is filed with any other circuit court judge. (Code 1852, §714; Code 1867, §4265;
Code 1876, §4941; Code 1886, §4765; Code 1896, §4818; Code 1907, §7013;...
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22-52-15
Section 22-52-15 Appeals. An appeal from an order of the probate court granting a petition
seeking to commit a respondent to the custody of the department or designated mental health
facility as the court may order lies to the circuit court for trial de novo unless the probate
judge who granted the petition was learned in the law, in which case the appeal lies to the
Alabama Court of Civil Appeals on the record. Notice of appeal shall be given in writing to
the probate judge within five days after the respondent has received actual notice of the
granting of the petition and shall be accompanied by security for costs, to be approved by
the probate judge, unless the probate judge finds that the respondent is indigent, in which
case no security for costs shall be required. Upon the filing of a notice of appeal, the probate
judge shall determine and enter an order setting forth the limitations to be placed upon the
liberty of the respondent pending the appeal. Upon the filing of a notice...
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22-9A-10
Section 22-9A-10 Judicial procedure to establish facts of birth. (a) If a delayed certificate
of birth is rejected under Section 22-9A-9, a petition signed and sworn to by the petitioner
may be filed with a circuit court of any county in this state in which he or she resides or
was born, for an order establishing a birth record. (b) The petition shall allege each of
the following: (1) The person for whom a delayed certificate of birth is sought was born in
this state. (2) No certificate of birth can be found in the Office of Vital Statistics. (3)
Diligent efforts by the petitioner have failed to obtain the evidence required in accordance
with Section 22-9A-9. (4) The State Registrar has refused to register a delayed certificate
of birth. (5) Other allegations as may be required. (c) The petition shall be accompanied
by a statement of the State Registrar made in accordance with Section 22-9A-9 and all documentary
evidence which was submitted to the State Registrar in support of the...
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26-2B-302
Section 26-2B-302 Accepting guardianship or conservatorship transferred from another state.
(a) To confirm transfer of a guardianship or conservatorship transferred to this state under
provisions similar to Section 26-2B-301, the guardian or conservator must petition the court
in this state to accept the guardianship or conservatorship. The petition must include the
following: (1) a certified copy of the other state's provisional order of transfer; (2) an
inventory of the protected person's estate as of the date of the petition including certified
records of all bank accounts in the protected person's estate as of the date of the petition;
(3) proof of the conservator's bond; and (4) any final accounting of the protected person's
estate which has been submitted in the prior jurisdiction. If no such accounting was required
by the transferring court, the petitioner must prepare and submit an accounting prior to acceptance.
(b) Notice of a petition under subsection (a) must be given to...
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34-24-175
Section 34-24-175 Appeal from final decision, judicial review. (a) Any party whose license
or permit is sanctioned as provided herein, shall not be required to file a motion for rehearing
to exhaust his or her remedies available from the board. (b) Any party sanctioned as provided
herein, may file a petition for judicial review in the circuit court where the board office
is located. The filing of the petition must be within 30 days of the date of the board's final
decision. (c) Within 30 days after receipt of the petition for judicial review or within such
additional time as the court may allow, the board shall transmit to the reviewing court the
original or a certified copy of the entire record and transcript of the proceedings under
review. Any party seeking judicial review of any sanction imposed by the board shall be responsible
for all costs associated with preparation, transcription, reproduction, and transmittal of
the proceedings under review. (d) Other than specified in this...
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12-26-8
Section 12-26-8 Fees; indigency. (a) In addition to any court costs or docket fees for filing
a petition in circuit court, the petitioner shall pay an administrative filing fee of one
hundred dollars ($100) at the time of filing a petition to obtain an order of limited relief.
The administrative filing fee may not be waived by the court. (b) Notwithstanding subsection
(a), a petitioner may apply for indigent status by completing an Affidavit of Substantial
Hardship and submitting the affidavit when filing the petition. If the court finds the petitioner
is indigent, the court may establish a payment plan for the petitioner to satisfy the administrative
filing fee over a period of time. (c) All administrative filing fees shall be allocated to
the State Judicial Administration Fund administered by the Administrative Office of Courts.
(Act 2019-464, §8.)...
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10A-1-7.14
Section 10A-1-7.14 Appeal from revocation. (a) A foreign entity may appeal the Secretary of
State's revocation of its registration to the Circuit Court of Montgomery County within 30
days after service of the certificate of revocation is perfected under Section 10A-1-7.13.
The foreign entity appeals by petitioning the court to set aside the revocation and attaching
to the petition copies of the Secretary of State's acknowledgment of its application for registration
or statement of foreign limited liability partnership, as applicable, and the Secretary of
State's certificate of revocation. (b) The court may summarily order the Secretary of State
to reinstate the registration, may order a trial de novo, or may take any other action the
court considers appropriate. (c) The court's final decision may be appealed as in other civil
proceedings. (Acts 1994, No. 94-245, p. 343, §1; §10-2B-15.32; amended and renumbered by
Act 2009-513, p. 967, §61; Act 2018-125, §3.)...
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12-12-30
Section 12-12-30 Civil jurisdiction generally. The original civil jurisdiction of the district
court of Alabama shall be uniform throughout the state, concurrent with the circuit court,
except as otherwise provided, and shall include all civil actions in which the matter in controversy
does not exceed twenty thousand dollars ($20,000), exclusive of interest and costs, and civil
actions based on unlawful detainer; except, that the district court shall not exercise jurisdiction
over any of the following matters: (1) Actions seeking equitable relief other than: a. Equitable
questions arising in juvenile cases within the jurisdiction of the district court. b. Equitable
defenses asserted or compulsory counterclaims filed by any party in any civil action within
the jurisdiction of the district court. (2) Any actions enumerated in Rule 81 of the Alabama
Rules of Civil Procedure other than any of the following: a. Actions based in negligence against
municipalities. b. Actions seeking...
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12-21-225
Section 12-21-225 Testimony for state or defendant by convict. (a) The presiding judge of any
circuit court or district court having reason to believe that the testimony of any convict
serving a sentence in the penitentiary or to hard labor for the county is necessary in any
criminal prosecution for the state and that other evidence cannot be obtained on behalf of
the state may order a writ to be issued by the clerk, commanding the Board of Corrections
to have the convict before the court on a specified day to give testimony in the particular
case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution
showing that a convict serving sentence in the penitentiary knows facts which would be beneficial
to him, the judge may, if he believes the ends of justice will be served thereby, order the
issuance of such a writ to secure the appearance of the convict to testify on behalf of the
defendant. The writ shall be served on the board at least one week...
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15-13-163
Section 15-13-163 Revocation by circuit judges. The presiding judge of the circuit court may,
and on verified motion of the prosecutor shall, subpoena the representatives of the professional
surety company or professional bail company or other persons for examination under oath concerning
matters relating to any affidavit or certificate filed, outstanding forfeitures, and all relevant
books, tax returns, and financial data. Authority to act as a professional surety company
or a professional bail company may be revoked or withheld by the court for violation of this
chapter, any rule promulgated by the Supreme Court of the State of Alabama, in accordance
with this chapter, for failure to submit subpoenaed documents, for failure to answer truthfully
all relevant questions asked by the court, or in the event the professional surety company
or professional bail company has outstanding and unpaid final forfeitures anywhere, or in
any court in the State of Alabama. As used herein, outstanding...
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