26-2-43
Section 26-2-43 Procedure generally - Summoning, etc., of jurors, witnesses and person alleged to be incapacitated. The judge of probate must issue a writ directed to the sheriff commanding him or her to summon six disinterested persons of the neighborhood for the trial thereof and also issue subpoenas for witnesses, as the parties may require, returnable to the time of trial. The probate judge must also issue a writ directed to the sheriff to take the person alleged to be incapacitated and, if consistent with his or her health or safety, have him or her present at the place of the trial. (Code 1852, §2751; Code 1867, §3190; Code 1876, §2758; Code 1886, §3393; Code 1896, §2258; Code 1907, §4348; Code 1923, §8106; Code 1940, T. 21, §12; Acts 1945, No. 468, p. 704; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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36-11-10
Section 36-11-10 Proceedings in Supreme Court - Summoning and examination of witnesses generally; appointment and duties of examiners; conduct of trial. In all original proceedings commenced under this chapter in the Supreme Court, either party shall have compulsory process to compel the attendance of witnesses, to be issued by the clerk of the court and served by the marshal of the court or by any sheriff of the state. Such witnesses shall be sworn and examined on the trial in open court. The examination of such witnesses shall be conducted and defaulting witnesses shall be subject to similar proceedings and penalties as in criminal cases in the circuit court; but, on the written consent of the defendant, the court or a justice thereof, in term time or vacation, may appoint one or more examiners, whose duty it shall be, jointly or severally, as may be directed in the order of appointment, to take and certify by such day as may be fixed in the order of appointment the evidence against...
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11-51-12
Section 11-51-12 Filing of list in circuit court; entry of civil actions for assessments on trial docket; issuance, execution, and return of summons notifying owners of institution of proceedings against property generally. Such lists shall be filed with the register or clerk of the circuit court. The register or clerk shall cause to be entered on the trial docket in such court in a well-bound book kept for that purpose a civil action for each assessment of property of the city or town against such property so assessed. Said docket shall show the amount of the taxes sought to be collected, a description of the property and the name of the owner, if known. Upon the filing of the certificate, the register or clerk is directed to issue a summons, as in other civil actions, containing a description of the property and notifying each owner of the filing of the proceedings against his property. Only one summons, however, shall be necessary if two or more pieces of property are assessed to...
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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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12-19-132
Section 12-19-132 Issuance to witness of certificate of sum entitled to for attendance, etc.; proof of attendance by witness. (a) After the trial, continuance of the cause or discharge of the witness, the clerk must, on his application and upon his oath, give the witness a certificate setting forth the cause in which he was a witness, the party by whom he was summoned or on whose request he attended, the number of day he attended as a witness and the sum to which he is entitled for his attendance, travel, ferriage and tolls, which he must also enter, either upon the subpoena docket or book to be kept for that purpose. (b) The witness must prove his attendance within five days after his attendance as such witness. (Code 1852, §§2380, 2381; Code 1867, §§2784, 2785; Code 1876, §§3133, 3134; Code 1886, §§2842, 2843; Code 1896, §§1337, 1338; Code 1907, §§3674, 3675; Code 1923, §§7234, 7235; Code 1940, T. 11, §§45, 46.)...
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12-21-241
Section 12-21-241 Attendance of witnesses - Where case continued. Where a case has been continued, it shall be the duty of the clerk of the circuit court or district court to issue a subpoena for all witnesses in such case when it is next set, and it shall be the duty of the sheriff to execute such subpoena by summoning the witnesses named therein. The circuit clerk shall, for the services required of him by this section, receive the same compensation that he receives for issuing the original subpoenas, and the sheriff shall receive the same compensation that he receives for serving the original summons. The costs accruing from the services performed as provided in this section shall be taxed and paid as other costs are taxed and paid in criminal cases. (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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12-22-197
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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15-2-20
Section 15-2-20 Application; appeal from denial; when defendant's personal presence unnecessary. (a) Any person charged with an indictable offense may have his trial removed to another county, on making application to the court, setting forth specifically the reasons why he cannot have a fair and impartial trial in the county in which the indictment is found. The application must be sworn to by him and must be made as early as practicable before the trial, or it may be made after conviction upon a new trial being granted. (b) The refusal of such application may, after final judgment, be reviewed and revised on appeal, and the Supreme Court or Court of Criminal Appeals shall reverse and remand or enter such judgment on the application as it may deem right without any presumption in favor of the judgment or ruling of the lower court on such application. (c) If the defendant is in confinement, the application may be heard and determined without the personal presence of the defendant in...
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15-4-8
Section 15-4-8 Return of inquisition and preliminary investigation to circuit court; undertaking of witnesses to appear in court. (a) An inquisition taken under this chapter must be returned by the coroner forthwith, together with the written statement under oath taken by him on the preliminary investigation, to the clerk of the circuit court of the county. (b) The coroner must also require all the material witnesses to enter into an undertaking to appear at the circuit court, if in session, or, if not, at the next session thereof; he may require surety to such undertaking and, on the failure of a witness to enter therein, may commit him until he enters into the same. (Code 1852, §818; Code 1867, §4369; Code 1876, §3997; Code 1886, §4808; Code 1896, §4931; Code 1907, §7169; Code 1923, §4564; Code 1940, T. 15, §83.)...
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17-13-84
Section 17-13-84 Filing statements of contests; depositions; costs; service of process; contempt. Upon the filing of any contest of nomination, the chair of the executive committee with which the contest is filed shall file a statement in the office of the clerk of the circuit court of the county where the contestant resides of the fact that such a contest has been filed, giving the names of the parties thereto, the nomination contested and the day set for hearing. After such statement is filed, the clerk of the circuit court shall issue such subpoenas for witnesses and orders for production of documents and shall issue commissions for the taking of testimony by deposition as required by either party, each party to the contest being responsible for costs incurred by him or her for the summoning and attendance of witnesses on his or her behalf, and the clerk may issue execution for such costs the same as in civil cases. It shall be the duty of the sheriff to serve all process issued by...
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