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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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15-11-10
Section 15-11-10 When defendant committed to bail or jail; form of commitment. (a) If upon
a preliminary examination it appears that an offense has been committed and that there is
probable cause to believe that the defendant is guilty thereof, he must be discharged, if
the offense is bailable, upon giving sufficient bail. If sufficient bail is not given or if
the offense is not bailable, he must be committed to jail by an order in writing. (b) The
form of commitment may be in substance as follows: "The State of Alabama, _____ County.
To the jailer of _____ County: On the examination of A. B., charged with the offense of murder
(or other offense, as the case may be, describing it by name, or so that it may be clearly
inferred), it appearing that such offense has been committed and that there is sufficient
cause to believe that A. B. is guilty thereof, you are, therefore, commanded to receive him
into your custody and to detain him until he is legally discharged. Dated this ____ day of...
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15-6-25
Section 15-6-25 Discharge of defendant; commitment to jail; contents of commitment warrant.
(a) Upon an undertaking, with sufficient sureties being given, the defendant must be discharged;
and, if not given, the circuit, district or municipal court judge must commit him to jail
until he gives the same, specifying in the warrant of commitment the cause thereof, the time
he is required to keep the peace, towards whom particularly and the sum in which security
is required. (b) Any person committed under the provisions of subsection (a) of this section
may be discharged by the sheriff of the county in which he is detained upon entering into
an undertaking to keep the peace, with sufficient sureties, in the sum and for the term required
by the circuit, district or municipal court judge. (Code 1852, §§416, 417; Code 1867, §§3965,
3966; Code 1876, §§4035, 4036; Code 1886, §§4689, 4690; Code 1896, §§5170, 5171; Code
1907, §§7529, 7530; Code 1923, §§5147, 5148; Code 1940, T. 15,...
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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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15-7-21
Section 15-7-21 Discharge of defendant - By judge or magistrate; certification and delivery
of warrant with undertaking. (a) When the offense described in the warrant is a misdemeanor
and it is not executed by the sheriff or his deputy, at the defendant's request, he may be
brought before a judge, or a magistrate when authorized by law to grant bail, of the county
in which the warrant was executed; and such judge or magistrate may, without examination,
discharge such defendant, upon sufficient bail for his appearance before the court having
cognizance of the offense. (b) The judge or magistrate admitting a defendant to bail under
the provisions of subsection (a) of this section must certify the same upon the warrant and
deliver such warrant, with the undertaking, to the officer who executed the warrant, who must
cause the same to be delivered without unnecessary delay to the clerk of the court in which
the defendant is bound by his undertaking to appear. (Code 1852, §§441, 443; Code...
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12-12-70
Section 12-12-70 Right of appeal and procedure for appeals generally; dismissal for failure
to appear. (a) Civil cases. Any party may appeal from a final judgment of the district court
in a civil case by filing notice of appeal in the district court, within 14 days from the
date of the judgment or the denial of a posttrial motion, whichever is later, or, if the appeal
is to an appellate court, within the time prescribed by the Alabama Rules of Appellate Procedure
or the Alabama Rules of Juvenile Procedure where applicable, together with security for costs
as required by law or rule. (b) Criminal cases. A defendant may appeal from a final judgment
of the district court in a criminal or quasi-criminal case by filing notice of appeal within
14 days from the date of judgment or from the date of denial of a post-trial motion, whichever
is later, together with such bond as may be fixed by the court, conditioned upon the defendant's
appearance before the circuit court; provided, however, that...
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12-17-186
Section 12-17-186 Appointment of attorney to act for district attorney when office vacant,
district attorney disqualified, etc. (a) The presiding judge of the circuit court, the district
court or the municipal court, when the district attorney or assistant district attorney regularly
required by law to prosecute criminal cases in such court is absent, or connected with the
party against whom it is his duty to appear by consanguinity or affinity within the fourth
degree, or when there is a vacancy in the office from any cause, or when the district attorney
refuses to act, may appoint a competent attorney to act in such district attorney's place,
but such appointment shall in no event extend beyond the session of the court at which the
appointment is made. (b) The attorney so appointed shall receive for his services the sum
of $25.00 per day for the time he is actually engaged in court, to be paid on the warrant
of the Comptroller if the district attorney for whom he is appointed to act...
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12-21-248
Section 12-21-248 Conditional judgment against defaulting witnesses - Notice; when made absolute.
Where a conditional judgment has been entered against a defaulting witness in a criminal case,
if he does not appear before the docket then in process of being heard is completed and show
a sufficient cause for his default, a notice must be issued by the clerk of the court within
30 days notifying him of the entry of such conditional judgment and that the same will be
made absolute at the expiration of 30 days from the date of service of said notice unless
he appears and shows sufficient excuse for his default, which notice must be served by the
sheriff and return thereof made to the clerk. If he fails to appear as required or fails to
show sufficient excuse for his default, to be determined by the court, the judgment must be
made absolute against him. (Code 1852, §673; Code 1867, §4225; Code 1876, §4930; Code 1886,
§4471; Code 1896, §5295; Code 1907, §7892; Code 1923, §5630; Code...
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17-16-56
Section 17-16-56 Contest of election of judge of probate court and other county and municipal
officers - Generally. If the contest is of an election to the office of judge of the probate
court, sheriff, tax assessor, tax collector, county treasurer, clerk of the circuit court,
or any other office filled by the vote of a single county or any subdivision thereof, or any
office of a city or town not in this article otherwise provided for, the party contesting
must file in the office of the clerk of the circuit court of the county in which the election
was held, a statement in writing, verified by affidavit, of the grounds of the contest as
provided in this article and must give good and sufficient security for the costs of the contest,
to be approved by the clerk. On the filing of the statement and the giving of the security,
the clerk must enter the contest on the trial docket as a civil action pending in the court
for trial, and, after having made such entry, the clerk must issue a...
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15-21-18
Section 15-21-18 Person and original detaining warrant, writ, etc., to be produced with return;
exception. At the time of making the return, one must also produce the person on whose behalf
the writ of habeas corpus was sued out, according to the command of the writ, and the original
warrant, writ or other written authority under which he was detained; but, if from sickness
or infirmity the party cannot be produced without danger, that fact must be stated in the
return, verified by oath and, if required, established by other sufficient evidence. (Code
1852, §725; Code 1867, §4276; Code 1876, §4952; Code 1886, §4776; Code 1896, §4829; Code
1907, §7024; Code 1923, §4323; Code 1940, T. 15, §19.)...
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