|
15-6-20
Section 15-6-20 Examination of complainant and witnesses; form of affidavit. (a) Whenever complaint
is made to a judge of a circuit, district or municipal court that any person has threatened
or is about to commit an offense on the person or property of another, such judge must examine
the complainant and any witness he may produce on oath, reduce such examination to writing
and cause it to be subscribed by the party so examined. (b) The affidavit may be after the
following form: "State of Alabama, ___ County. Before me, ___,a (circuit, district or
municipal) judge (setting out his name and office) in and for said county and state, personally
appeared A. B., who, being duly sworn, deposes and says that C. D. has threatened to assault
and beat him (or is about) to ___ (here set forth the particular offense threatened or about
to be committed) on the person or property of affiant (or E. F., a third person, as the case
may be.) (Signed) A. B. Sworn to and subscribed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-6-20.htm - 1K - Match Info - Similar pages
43-2-507
Section 43-2-507 Auditing of account; proof of credits. On the day appointed or any other day
to which the settlement is continued, the court must proceed to examine and audit the account;
and, on such auditing, the executor or administrator must produce satisfactory proof of the
correctness of each item on the credit side of the account which may be made by the affidavit
or oral examination of witnesses or by any other legal evidence. (Code 1852, §§1808-1810;
Code 1867, §§2143-2145; Code 1876, §§2515-2517; Code 1886, §2141; Code 1896, §209; Code
1907, §2674; Code 1923, §5907; Code 1940, T. 61, §302.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-507.htm - 966 bytes - Match Info - Similar pages
12-13-12
Section 12-13-12 Applicability of provisions pertaining to evidence, pleading, and practice,
etc., in circuit court. The provisions of this code in reference to evidence, pleading and
practice, judgments and orders in the circuit court, so far as the same are appropriate, and
the mode of obtaining evidence by oral examination or by deposition and of compelling the
attendance of witnesses and of enforcing orders and judgments, in the absence of express provision
to the contrary, are applicable to the proceedings in the probate court. (Code 1852, §682;
Code 1867, §807; Code 1876, §712; Code 1886, §801; Code 1896, §3380; Code 1907, §5438;
Code 1923, §9600; Code 1940, T. 13, §309.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-13-12.htm - 1K - Match Info - Similar pages
12-21-223
Section 12-21-223 Discharged codefendant as witness for prosecution. When two or more defendants
are jointly indicted, the court may, at any time before the evidence for the defense has commenced,
order any defendant to be discharged from the indictment in order that he may be a witness
for the prosecution, and such order operates as an acquittal of such defendant, provided he
does testify. (Code 1852, §639; Code 1867, §4191; Code 1876, §4893; Code 1886, §4477;
Code 1896, §5301; Code 1907, §7898; Code 1923, §5636; Code 1940, T. 15, §308.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-223.htm - 887 bytes - Match Info - Similar pages
12-22-171
Section 12-22-171 Stay of sentence when question of law reserved and admission to bail - Misdemeanors.
When such question is reserved, in case of a misdemeanor, and it shall be made known to the
court that the defendant desires to take an appeal to the appropriate appellate court, judgment
must be entered on the conviction, but the execution thereof must be stayed pending the appeal.
In such case, the defendant may give bail, with sufficient sureties, conditioned that he will
appear and abide the judgment; failing to give such bail, he must be committed to jail, but
may give such bail at any time pending the appeal. (Code 1852, §754; Code 1867, §4305; Code
1876, §4981; Code 1886, §4512; Code 1896, §4319; Code 1907, §6250; Code 1923, §3243;
Code 1940, T. 15, §374.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-22-171.htm - 1K - Match Info - Similar pages
28-4-255
Section 28-4-255 Search warrant for seizure of prohibited liquors and beverages, etc., generally
- Issuance - Examination of and taking of depositions from complainant and witnesses; contents
of depositions. The judge of the district court, before issuing a warrant, must examine the
complainant on oath and any other witnesses he may produce, take their depositions in writing
and cause the same to be subscribed by the person or persons making them. The depositions
must set forth facts and circumstances tending to establish the ground or grounds of the application
or probable cause for believing that a ground exists authorizing a search warrant to issue.
(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4745; Code 1940, T. 29, §214.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-4-255.htm - 1K - Match Info - Similar pages
43-2-45
Section 43-2-45 Letters not granted until five days after intestate's death; examination of
applicants and witnesses. No letters of administration must be granted until the expiration
of five days after the death of the intestate is known; and the court may, in all cases, examine
the persons applying therefor, on oath, touching the time and place of the death of the intestate
and as to whether or not he left any will and other matters necessary to give the court jurisdiction;
and may also examine any other witnesses as to the same facts and may compel their attendance
for that purpose by subpoena and attachment. (Code 1852, §1675; Code 1867, §1993; Code 1876,
§2357; Code 1886, §2019; Code 1896, §61; Code 1907, §2525; Code 1923, §5747; Code 1940,
T. 61, §86.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-45.htm - 1K - Match Info - Similar pages
6-3-22
Section 6-3-22 Certification and delivery of docket sheet and other papers upon change or transfer;
notice of change or transfer; time for answer. When a change or transfer of venue has been
ordered pursuant to Section 6-3-20 or Section 6-3-21, the clerk of the court shall make a
copy of the docket sheet in the action and shall certify under the seal of the court that
the same is a true copy. The clerk shall envelope and securely seal the copy of the docket
sheet, together with the orders, pleadings, motions, or other papers in the action, shall
write his name across the seal and shall certify on the back of the envelope that the enclosed
papers, numbered from 1 - __, include all the orders, pleadings, motions, or other papers
in the action, naming it; and such signatures and certificates must be received as true until
the contrary is shown. The clerk may deliver this package in person or send it by registered
or certified mail, return receipt requested, to the clerk of the court to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-3-22.htm - 2K - Match Info - Similar pages
15-7-2
Section 15-7-2 Examination of complainant and witnesses; taking of depositions. (a) Upon a
complaint being made to a judge or magistrate that an offense has, in the opinion of the complainant,
been committed, the judge or magistrate must examine the complainant and such witnesses as
he may propose on oath, take their depositions in writing and cause them to be subscribed
by the person making them. (b) The depositions must set forth the facts stated by the complainant
and his witnesses tending to establish the commission of the offense and the guilt of the
defendant. (Code 1852, §§429, 430; Code 1867, §3978, 3979; Code 1876, §§4648, 4649; Code
1886, §§4256, 4257; Code 1896, §§5205, 5206; Code 1907, §§7585, 7586; Code 1923, §§5218,
5219; Code 1940, T. 15, §§120, 121.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-7-2.htm - 1K - Match Info - Similar pages
30-4-61
Section 30-4-61 Appeal of conviction. The defendant, if convicted, shall have the right to
appeal as in other misdemeanor cases appealed from the juvenile court. Pending said appeal,
upon his entering into bond, with sufficient sureties in such sum as the court may require,
he shall be released from custody. If the defendant fails to make the required bond, he shall
be confined in the county jail until the appeal is determined. (Acts 1919, No. 181, p. 176;
Code 1923, §4485; Code 1940, T. 34, §95.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-4-61.htm - 814 bytes - Match Info - Similar pages
|