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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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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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15-2-25
Section 15-2-25 Duty of clerk of court to forward case materials. When an order for the removal
of a trial is made, the clerk of court must make out a transcript of all the entries, orders
and proceedings in the case, including the organization of the grand jury, the indictment,
the endorsements thereon, all the entries relating thereto, the undertakings or recognizances
of the defendant, all the orders and judgments thereon and the order for the removal of the
trial. He must attach his certificate thereto and forward the package under seal by a special
messenger, by express, by registered or certified mail or deliver it in person to the clerk
of the court to which the trial is ordered to be removed. He must also enclose in the package
and forward or deliver in the same manner the original subpoenas in the case. (Code 1852,
§657; Code 1867, §4209; Code 1876, §4914; Code 1886, §4488; Code 1896, §5312; Code 1907,
§7854; Code 1923, §5583; Code 1940, T. 15, §271.)...
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12-21-180
Section 12-21-180 Subpoenas for witnesses. (a) At the request of any party to a pending case,
or the attorney of a party, the clerk of the court must issue subpoenas for witnesses, whose
addresses shall be given by the person requesting the subpoena, specifying therein the time
and place for their appearance, the title of the case and the party at whose instance they
are summoned and commanding them to appear in conformity therewith and give testimony. (b)
No subpoena shall issue for a witness residing more than 100 miles from the place of trial,
computed by the route usually traveled, unless the person requesting the subpoena makes affidavit
that the personal attendance of the witness is necessary to a proper decision of the case
and that the deposition of the witness would be insufficient for that purpose, and the fact
that such affidavit has been made must be endorsed by the clerk upon the subpoena. (c) A subpoena
issued under this section shall be directed "To any sheriff of the...
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12-16-197
Section 12-16-197 Issuance of subpoenas for witnesses for grand jury generally; proceedings
upon failure of witnesses summoned to attend. The district attorney, the foreman of the grand
jury or the clerk of the court, on the application of the grand jury, must issue subpoenas
for any witnesses whom they may require to give evidence before them, and if witnesses so
summoned fail to attend, the subpoenas must be returned to the court, with the default thereon
endorsed, signed by the foreman, and the same proceedings may thereupon be had against them
as against defaulting witnesses, the endorsement of the foreman being presumptive evidence
of the default. (Code 1852, §551; Code 1867, §4101; Code 1876, §4774; Code 1886, §4347;
Code 1896, §5033; Code 1907, §7294; Code 1923, §8676; Code 1940, T. 30, §83.)...
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12-21-246
Section 12-21-246 Subpoena of witnesses - Execution. (a) In criminal cases, at the request
of the state, or the defendant or the defendant's attorney, the clerk of the court must issue
subpoenas for witnesses whose address shall be given by the person requesting the subpoena,
specifying therein the time and place for their appearance, the title of the case and at whose
instance the witness is summoned, and commanding the witness to appear in conformity therewith
and give testimony. (b) No subpoena shall issue for a witness residing more than 100 miles
from the place of trial, computed by the route usually traveled, unless the person requesting
the subpoena makes affidavit that the personal attendance of the witness is necessary to a
proper decision of the case and that the deposition of the witness would be insufficient for
that purpose, and the fact that such affidavit has been made must be endorsed by the clerk
upon the subpoena. (c) A subpoena issued under this section shall be...
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12-21-242
Section 12-21-242 Attendance of witnesses - On remand for new trial. Where a case has been
remanded by the appropriate appellate court for a new trial, the clerk of the court to which
said case has been remanded must issue subpoenas for all the witnesses in the case in the
same manner as if the case had been continued. (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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43-8-197
Section 43-8-197 Change of venue. (a) At any time before the trial of such contest, either
party may remove the same to another county by proceeding as is required in civil actions
in the circuit court; and when an order for the removal of the trial of such contest is made,
the judge of probate must transmit the will, subpoenas and all other papers belonging, and
a transcript of all the entries of record relating thereto, to the judge of the probate court
of the county to which the trial is ordered to be removed. Such judge of probate must proceed
to try the case in the same manner as prescribed for the judge of probate of the county from
which it has been removed. (b) If the judgment is rendered in the probate court to which it
has been removed, and no appeal is taken within 30 days thereafter, such judgment must be
certified by the judge of such probate court, and the will and other papers be returned to
the probate court from which the trial was removed; and the will must be...
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12-21-184
Section 12-21-184 Securing attendance of witnesses until case disposed of. In all civil cases
where the case is not decided at the first session, witnesses who have been served with subpoenas
must not again be summoned by the clerk for further attendance, unless otherwise directed
by the party originally summoning them, but such witnesses are bound to attend from session
to session until the case is disposed of. If a judgment is entered in the case which is reversed
on appeal, new subpoenas must be issued when the case is reset for trial; provided, however,
that in the circuit court of counties having a population of 400,000 or more, according to
the last or any subsequent federal census, the clerk of the said court must subpoena witnesses
to attend court at each regular setting of a case after said witnesses have once been ordered
summoned by the party, unless otherwise directed by said party originally summoning them.
(Code 1852, §2306; Code 1867, §2708; Code 1876, §3063; Code...
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15-2-26
Section 15-2-26 Trial on certified copy of indictment; correction of transcript mistakes and
certification of omitted portion of record. The defendant must be tried in the court to which
the case is removed on the copy of the indictment certified pursuant to Section 15-2-25; and
such court may, if necessary and on a proper showing, order the clerk of the court in which
the indictment was found to correct any mistake in the transcript or to certify any portion
of the record which he may have omitted. (Code 1852, §659; Code 1867, §4211; Code 1876,
§4916; Code 1886, §4490; Code 1896, §5314; Code 1907, §7857; Code 1923, §5586; Code 1940,
T. 15, §274.)...
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