15-2-27
Section 15-2-27 Issuance of subpoenas for trial witnesses. At any time before the delivery
of the transcript to the clerk of the court to which the trial is removed, subpoenas for witnesses
must be issued, on the application of either the defendant or the district attorney, by the
clerk of the court in which the indictment was found, commanding such witnesses to appear
at the court to which the trial is removed, which subpoenas must be executed by the sheriff
and returned to the clerk of the latter court; and the clerk of the court to which the trial
is removed must, after the delivery of the transcript to him, issue the subpoenas for witnesses.
(Code 1852, §658; Code 1867, §4210; Code 1876, §4915; Code 1886, §4489; Code 1896, §5313;
Code 1907, §7856; Code 1923, §5585; Code 1940, T. 15, §273.)...
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12-22-197
Section 12-22-197 Order to prepare record on appeal; order authorizing payment of fees and
transmission thereof to state Comptroller. If it appears to the trial court, after full investigation,
that the defendant or petitioner is without sufficient funds, and has no reasonable way to
procure same, to pay the court reporter all of his lawful fee for transcribing the evidence
and other proceedings had at the trial or the fees of the clerk incident to an appeal or that
the defendant or petitioner has reasonably available to him only enough funds to pay a part
of such fees, he shall make and enter an order requiring the court reporter to transcribe
all or such parts of evidence of the proceedings occurring at the trial that may be necessary
to afford the appellate court a record of sufficient completeness for review and shall order
the clerk to prepare the record on appeal. The trial court shall, at said time, make and enter
an order authorizing the payment of a sum certain to the court...
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15-14-1
Section 15-14-1 Duty of circuit clerk to set cases for trial. It is the duty of the clerk of
the circuit court to set for trial all criminal cases in his court, except capital cases and
cases of parties in custody, for particular days, and no case so set shall be called for trial
before such day. (Code 1876, §4869; Code 1886, §4447; Code 1896, §5271; Code 1907, §7838;
Code 1923, §5565; Code 1940, T. 15, §316.)...
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12-21-240
Section 12-21-240 Attendance of witnesses - Generally. Witnesses must be subpoenaed to attend
court on the day on which the case is set for trial in which they are subpoenaed as witnesses
and to attend from day to day until discharged by law by the court or by the party by whom
they are summoned as witnesses. Witnesses appearing on a given date may be ordered by the
court to attend court on a subsequent day fixed or named by the court. (Code 1852, §666;
Code 1867, §4218; Code 1876, §4924; Code 1886, §4461; Code 1896, §5285; Code 1907, §7882;
Code 1923, §5620; Acts 1931, No. 575, p. 668; Code 1940, T. 15, §295.)...
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12-22-10
Section 12-22-10 Grant or refusal of motion for new trial. Either party in a civil case, or
the defendant in a criminal case, may appeal to the appropriate appellate court from an order
granting or refusing a motion for a new trial by the circuit court. (Code 1896, §434; Code
1907, §2846; Acts 1915, No. 656, p. 722; Code 1923, §6088; Code 1940, T. 7, §764; Acts
1949, No. 57, p. 81.)...
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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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12-11-7
Section 12-11-7 Witnesses and process for special sessions. The circuit clerk shall, immediately
after an order for a special session is made, mail to each party and his attorney of record
in any case subject to trial at such session a copy of such order, addressed to such party
or attorney at the post office nearest his residence, if known, duly stamped. Subpoenas shall
issue for witnesses in any civil or criminal case at such special session. (Code 1852, §637;
Code 1867, §755; Code 1876, §661; Code 1886, §754; Code 1896, §916; Code 1907, §3253;
Code 1923, §6674; Code 1940, T. 13, §122.)...
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12-22-242
Section 12-22-242 Reversal of judgment. If the judgment is reversed, the appellate court may
order a new trial or that the defendant be discharged or that he be held in custody until
discharged by due course of law or make such other order as the case may require. If the defendant
is ordered to be discharged, no forfeiture can be taken on his undertaking of bail. (Code
1876, §4992; Code 1886, §4523; Code 1896, §4335; Code 1907, §6266; Code 1923, §3259;
Code 1940, T. 15, §390.)...
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40-7-48
Section 40-7-48 Appeals - Judgment of revaluation. Upon the notice being given and bond filed
as required in Section 40-7-46, the officer, board, or commission making such assessment or
revaluation shall certify a statement of the assessment or valuation to the clerk of the circuit
court, and the case shall be docketed in the circuit court and shall stand for trial within
10 days after it is so entered upon the docket. The valuation of the property so adjudged
by the court on appeal shall be the valuation for the assessment of such property, which valuation
shall be certified by the clerk of the court to the officer, board, or commission charged
with the duty of valuing such property for taxation. (Code 1923, §6098; Code 1940, T. 51,
§76.)...
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12-11-11
Section 12-11-11 Transfer of cases - Transfer to another court in same county. Whenever it
shall appear to the court that any case filed therein should have been brought in another
court in the same county, the court shall make an order transferring the case to the proper
court, and the clerk or register shall forthwith certify the pleadings, process, costs and
order to the court to which the case is transferred, and the case shall be docketed and proceed
in the court to which it is transferred, and the costs accrued in the court in which the case
was originally filed shall abide by the result of the case in the court to which transferred.
(Acts 1915, No. 725, p. 830; Code 1923, §6493; Code 1940, T. 13, §156.)...
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