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15-21-2
Section 15-21-2 Persons entitled to prosecute writ - Persons confined for failure to enter
into undertaking to keep the peace. Any person confined in jail for failing to enter into
an undertaking to keep the peace may prosecute a writ of habeas corpus as provided in this
chapter; but such writ can be heard only by a judge of the circuit court, who may discharge
the applicant, remand him to jail or reduce the amount of the undertaking as may seem right.
If the amount of the undertaking is reduced, the sheriff must discharge the applicant upon
the entering into the undertaking in the sum fixed by such judge. (Code 1896, §4813; Code
1907, §7008; Code 1923, §4306; Code 1940, T. 15, §2.)...
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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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15-21-6
Section 15-21-6 To whom petition addressed. (a) When the person is confined in a county jail
or any other place on a charge of felony or under a commitment or an indictment for felony,
the petition for a writ of habeas corpus must be addressed to the nearest circuit court judge.
(b) When the person is confined in the penitentiary or under a sentence, judgment or order
of the supreme court or the circuit court, other than an indictment for felony, the petition
must be addressed to the nearest circuit court judge. (c) In all other cases, it may be addressed
to any one of them, and when the person is confined in any other place than the county jail
or the penitentiary and on any other than a criminal charge, it may be addressed to any circuit
court judge. (Code 1852, §713; Code 1867, §4264; Code 1876, §4940; Code 1886, §4764; Code
1896, §4817; Code 1907, §7012; Code 1923, §4310; Code 1940, T. 15, §6.)...
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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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28-4-226
Section 28-4-226 Contents of writ. The writ shall name or describe the person or other party
whose premises are to be searched and shall describe as nearly as possible the liquors or
beverages that are to be seized and the place where said liquors and beverages are to be seized,
as prescribed in this chapter for other search warrants. (Acts 1909, No. 191, p. 63; Acts
1915, No. 2, p. 8; Code 1923, §4679; Code 1940, T. 29, §149.)...
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6-6-160
Section 6-6-160 Claim of persons not party to writ of execution or attachment, etc., to personal
property levied on; affidavit and bond; delivery of property to claimant. When an execution,
attachment or other like writ, issued from any court or by any officer, is levied on personal
property as to which any person not a party to the writ claims to own the title, legal, or
equitable, or a lien paramount to the right, title, or interest in the property of the defendant
in the writ, such person may try the right to such property before a sale thereof upon making
affidavit by himself, his agent, or attorney, which may be taken by the officer levying the
writ or any officer authorized to administer oaths that he holds such title to, or such lien
upon, the property claimed and executing bond with two good and sufficient sureties, to be
approved by the officer making the levy and payable to the plaintiff in double the value of
the property levied on and claimed, the value thereof to be...
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45-4-232
Section 45-4-232 Service of witness subpoenas by mail. In Bibb County, the sheriff shall execute
every order from every court in Bibb County to subpoena witnesses as provided in Section 12-21-180,
or the service may be made by first class mail as follows: It shall be 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...
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13A-11-61.2
Section 13A-11-61.2 Possession of firearms in certain places. (a) In addition to any other
place limited or prohibited by state or federal law, a person, including a person with a permit
issued under Section 13A-11-75(a)(1) or recognized under Section 13A-11-85, may not knowingly
possess or carry a firearm in any of the following places without the express permission of
a person or entity with authority over the premises: (1) Inside the building of a police,
sheriff, or highway patrol station. (2) Inside or on the premises of a prison, jail, halfway
house, community corrections facility, or other detention facility for those who have been
charged with or convicted of a criminal or juvenile offense. (3) Inside a facility which provides
inpatient or custodial care of those with psychiatric, mental, or emotional disorders. (4)
Inside a courthouse, courthouse annex, a building in which a district attorney's office is
located, or a building in which a county commission or city council is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-11-61.2.htm - 8K - Match Info - Similar pages
15-21-12
Section 15-21-12 Notice to any other person having interest required. If it appears from the
petition for a writ of habeas corpus or from the documents thereunto annexed that the party
is imprisoned or detained by virtue of any process under which any other person has an interest
in continuing his imprisonment or restraint, the officer issuing the writ must endorse thereon
an order requiring the applicant, or someone else for him, to give notice to such person,
or to his attorney, of the issue of the writ and of the time and place at which it is returnable,
in order that he may, if he thinks proper, appear and object to the discharge of the party
who is imprisoned. If such notice is not given, when the party who is entitled to it is within
50 miles of the place of examination, the party who is imprisoned must not be discharged.
(Code 1852, §718; Code 1867, §4269; Code 1876, §4945; Code 1886, §4769; Code 1896, §4822;
Code 1907, §7017; Code 1923, §4316; Code 1940, T. 15, §12.)...
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15-21-19
Section 15-21-19 Proceedings when person not produced on account of sickness or infirmity.
When the party on whose behalf a writ of habeas corpus is sued out is not produced on account
of sickness or infirmity, the court or judge before whom the writ is returnable may proceed
to decide on the return as if the party had been produced if satisfied of such sickness or
infirmity, may proceed to the place where he is imprisoned or detained and there make the
examination or may adjourn the examination to another time. (Code 1852, §726; Code 1867,
§4277; Code 1876, §4953; Code 1886, §4777; Code 1896, §4830; Code 1907, §7025; Code 1923,
§4324; Code 1940, T. 15, §20.)...
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