45-4-233
the duty of the sheriff of the county to enclose the subpoenas in an envelope addressed to
the person to be served and place all necessary postage and a return address thereon. In the
event the witness subpoena is returned to the sheriff by the post office department of the
United States without delivery, the subpoena shall be by the sheriff returned NOT FOUND. All
witness subpoenas not returned to the sheriff by the post office department shall be considered
for all purposes as sufficient personal and legal service. It is specifically provided,
however, that, if the party calling a witness expressly requests in writing that the subpoena
be delivered to such witness personally by the sheriff or one of his or her deputies in person,
such witness shall be so served. The provisions of this section in reference to service by
mail shall not apply, however, to witness subpoenas returnable before the court instanter.
Such subpoenas shall be served only as provided in Section 12-21-180....
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6-6-8
Section 6-6-8 Subpoena of witnesses - Execution. Subpoenas for witnesses may be executed by
the sheriff, by any constable of the county, or by the parties themselves. (Code 1852, §2719;
Code 1867, §3158; Code 1876, §3545; Code 1886, §3230; Code 1896, §517; Code 1907, §2917;
Code 1923, §6165; Code 1940, T. 7, §838.)...
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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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25-9-22
Section 25-9-22 Witnesses at proceedings under chapter generally. (a) The chief has the authority
to administer oaths and to issue subpoenas requiring the attendance of witnesses to testify
under oath in any proceeding and to require witnesses to answer all questions propounded to
them. The sheriff or constable in the county in which such witnesses may reside or be found
shall execute subpoenas issued as above provided, and they shall each receive for their services
in executing such subpoenas the same fees as are allowed them respectively for executing subpoenas
in other cases. Any witnesses summoned as above mentioned shall be entitled to the same mileage
and per diem as is now allowed by law to such witnesses attending trials in the circuit court.
(b) If any witness subpoenaed as above mentioned shall fail to attend without good excuse,
in accordance with the subpoena served on him, or shall fail to testify when attending, the
chief before whom said proceedings are being had shall...
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45-49-233.01
writs of restitution in such cases. $25 (10) Collecting execution for cost only. $25 (11) Serving
subpoenas on bill in chancery proceedings and returning the same, for each defendant. $25
(12) Serving any court summons not herein provided for and making return. $10 (13) Serving
attachment for contempt of court or rule to show cause. $10 (14) Taking and approving bonds
of every kind. $10 (15) Collecting money under execution but no commission shall be collected
on costs. $25 (16) Seizing personal property under writ of detinue. $25 (17) Summoning
jurors. $ 5 (18) Executing body writs in mental cases. $25 (19) Executing a search warrant
by day. $ 3 (20) Executing a search warrant by night. $ 6 (21) Executing a warrant or writ
of arrest in misdemeanor or felony cases. $12 (22) Each bond or undertaking returned to court.
$ 6 (23) Serving subpoena, notice, or scire facias. $ 4 (24) Summoning jury in capital cases,
or at any special court for the trial of a criminal, to be paid out of...
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12-22-221
Section 12-22-221 Entry of order on court's minutes; dismissal if not prosecuted to term returnable.
When a writ of error is awarded by a judge of an appellate court in vacation, such judge must
cause an entry of such order to be made on the minutes of the court at its next term, and
if any writ of error is not prosecuted to the term to which it is returnable, it must be dismissed
and no writ of error afterwards allowed. (Code 1876, §4986; Code 1886, §4518; Code 1896,
§4329; Code 1907, §6260; Code 1923, §3254; Code 1940, T. 15, §385.)...
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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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15-21-17
Section 15-21-17 When return to be made; form and contents of return. (a) After due service
thereof, the person to whom a writ of habeas corpus is directed must make his return on the
day therein specified if practicable; and, if no day is specified therein and the place to
which the return is to be made is not more than 30 miles from the place where the party is
imprisoned or detained, the return must be made within two days after service, but if more
than 30 and less than 100 miles, within five days, and if over 100 miles, within eight days
after service. (b) The return must be signed by the person making it and be verified by his
oath, unless he is a sworn public officer and makes the return in his official capacity, and
it must state, plainly and unequivocally whether or not he has the party in his custody or
power or under his restraint and, if so, by what authority and the cause thereof, setting
out the same fully, together with a copy of the writ, warrant or other written...
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6-6-10
Section 6-6-10 Fees and charges - Arbitrators, witnesses, sheriffs and constables; how paid.
The arbitrators are, if demanded by them, entitled each to $2 per day while actually engaged
in the arbitration, the witnesses to $1 per day each and the sheriff or constable to the customary
fees for executing subpoenas, all of which must be paid jointly by the parties unless the
arbitrators otherwise determine. (Code 1852, §2723; Code 1867, §3162; Code 1876, §3549;
Code 1886, §3235; Code 1896, §520; Code 1907, §2920; Code 1923, §6168; Code 1940, T. 7,
§841.)...
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6-6-161
Section 6-6-161 Return of writ, bond and affidavit; issue made up; burden of proof. The officer
making the levy must, except as otherwise provided in Sections 6-6-165 and 6-6-166, return
the writ, affidavit and bond to court to which it is returnable, when an issue must be made
up between the plaintiff in the writ and the claimant, in which the former must allege that
the property claimed is the property of the defendant in the writ and is liable to its satisfaction.
On the trial of such issue, the burden of proof is on the plaintiff. (Code 1852, §§2588,
2834; Code 1867, §§3017, 3280; Code 1876, §§3342, 3677; Code 1886, §§3005, 3366; Code
1896, §4142; Code 1907, §6040; Code 1923, §10376; Code 1940, T. 7, §1169.)...
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