15-21-15
Section 15-21-15 Subpoenas for witnesses. (a) On the application of either party, subpoenas
for witnesses must be issued at any time before the hearing on a writ of habeas corpus by
the clerk of the circuit court of the county to which the writ is returnable. (b) Such subpoenas
must be directed to the sheriff or any constable of the county in which the witness resides
and must be executed and returned as in other cases. (Code 1852, §721; Code 1867, §4272;
Code 1876, §4948; Code 1886, §4772; Code 1896, §4823; Code 1907, §4319; Code 1923, §4319;
Code 1940, T. 15, §15.)...
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15-21-8
Section 15-21-8 Writ to be granted without delay; to whom writ returnable. (a) The judge to
whom the application for a writ of habeas corpus is made must grant the same without delay,
unless it appears from the petition itself or from the documents thereunto annexed that the
person imprisoned or restrained is not entitled to the benefit of the writ under the provisions
of this chapter. (b) When the person is confined in the penitentiary, the writ must be made
returnable before the circuit court of the county in which the convict is confined, but if
the writ is granted more than 10 days before the time fixed for the holding of such court,
it must be made returnable before the nearest circuit court judge. When a person is a patient
or confined in any hospital in the state, the writ must be made returnable before the circuit
court of the county in which the hospital is located in which he is so confined. In all other
cases, the writ must be made returnable before the officer by whom it is...
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15-21-14
Section 15-21-14 Issuance of precept; execution of precept by sheriff or constable. (a) At
the time of issuing a writ of habeas corpus or at any time afterward before the hearing, the
officer issuing the writ must, on a proper showing, issue a precept directed to any sheriff
or constable of the state, commanding him to have the body of the person who is imprisoned
or restrained produced before the officer before whom the writ is returnable at the time and
place at which it is returnable. (b) Such precept must be executed by any sheriff or constable
into whose hands it may come according to its mandate. (c) If the party is brought before
the court or judge by virtue of a precept issued under the provisions of this section, the
case must be heard and determined as if he had been produced in return to the writ. (Code
1852, §§720, 727; Code 1867, §§4271, 4278; Code 1876, §§4947, 4954; Code 1886, §§4771,
4778; Code 1896, §§4824, 4831; Code 1907, §§7019, 7026; Code 1923,...
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15-21-32
Section 15-21-32 Proceedings against defaulting witnesses. If any witness duly subpoenaed under
the provisions of this chapter fails to attend as required, the judge before whom the writ
of habeas corpus is returnable must endorse such failure on the back of the subpoena and deliver
it to the clerk of the circuit court of the county in which the examination is had; and the
same proceedings must be had thereon as against defaulting witnesses in that court, the endorsement
being presumptive evidence of such default. (Code 1852, §743; Code 1867, §4294; Code 1876,
§4970; Code 1886, §4793; Code 1896, §4846; Code 1907, §7041; Code 1923, §4340; Code 1940,
T. 15, §36.)...
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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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15-21-16
Section 15-21-16 Service of writ. A writ of habeas corpus must be served by the sheriff, deputy
sheriff or some constable of the county in which it is issued or in which the person on whose
behalf it issued out is imprisoned or detained, by delivering a copy to the person to whom
it is directed and showing the original, if demanded. If such person cannot be found, conceals
himself or refuses admittance to the officer, the writ may be served by leaving a copy at
the place where the party is confined with any person of full age who, for the time being,
has charge of the party or by posting it in a conspicuous place on the outside of the house
or building in which the party is confined. (Code 1852, §722; Code 1867, §4273; Code 1876,
§4949; Code 1886, §4773; Code 1896, §4826; Code 1907, §7021; Code 1923, §4320; Code 1940,
T. 15, §16.)...
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15-4-4
Section 15-4-4 Service of subpoenas; proceedings against defaulting witnesses; endorsement
as presumptive evidence of default. (a) In an inquest under this chapter, the sheriff or any
constable must serve subpoenas for witnesses or they may be served by the coroner. (b) If
any witness, being subpoenaed, fails to attend, the coroner must endorse on the subpoena his
default, sign his name thereto and return the same to the clerk of the circuit court of the
county within five days thereafter, and such witness must be proceeded against in such court,
in the name of the state, as if he were a defaulter therein, the endorsement of the coroner
being presumptive evidence of the default. (Code 1852, §815; Code 1867, §4366; Code 1876,
§3994; Code 1886, §4804; Code 1896, §4927; Code 1907, §7165; Code 1923, §4560; Code 1940,
T. 15, §79.)...
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6-6-334
Section 6-6-334 Failure of witnesses to attend or refusal to testify. (a) Any witness, duly
subpoenaed and failing to attend or refusing to testify may be fined by the district court
judge not exceeding $100, for the use of the county, for which he may issue execution directed
to the constable. (b) The judgment specified in subsection (a) of this section must not be
made absolute until 10 days after service of a written notice on such witness, informing him
of the entry of such judgment. (Code 1852, §§2869, 2870; Code 1867, §§3318, 3319; Code
1876, §§3715, 3716; Code 1886, §§3394, 3395; Code 1896, §§2141, 2142; Code 1907, §§4277,
4278; Code 1923, §§8018, 8019; Code 1940, T. 7, §§981, 982.)...
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15-5-5
Section 15-5-5 Issuance of warrant. If the judge or the magistrate is satisfied of the existence
of the grounds of the application or that there is probable ground to believe their existence,
he must issue a search warrant signed by him and directed to the sheriff or to any constable
of the county, commanding him forthwith to search the person or place named for the property
specified and to bring it before the court issuing the warrant. (Code 1852, §830; Code 1867,
§4381; Code 1876, §4010; Code 1886, §4731; Code 1896, §5488; Code 1907, §7761; Code 1923,
§5475; Code 1940, T. 15, §104.)...
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27-7-37
Section 27-7-37 Complaints against licensees; notice, hearing, and orders thereon. (a) The
department shall institute a proceeding against a licensee for the imposition of licensee
penalties by filing and serving a complaint as to the licensee, giving notice thereof to the
licensee and all insurers the licensee is licensed or appointed to represent. (b)(1) Any person
having an interest and feeling aggrieved may file a complaint with the commissioner against
any licensee seeking the imposition of licensee penalties against the licensee. The third-party
complaint shall be in writing and shall specify in reasonable detail the charge or charges
made, the truth of which shall be sworn to by the complainant or some other person who has
knowledge of the facts averred. (2) If, upon reviewing a third-party complaint, the commissioner
finds that the charges made therein constitute grounds for the imposition of licensee penalties
against the licensee, the commissioner shall forthwith notify the...
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