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12-21-182
Section 12-21-182 Proceedings upon failure of subpoenaed witness to attend and remain. (a)
Any witness who, after being subpoenaed, fails to attend pursuant to the mandate of the subpoena
and remain until his testimony is given or he is discharged forfeits $100.00 to the use of
the party summoning him, and the attendance of such witness may be compelled by attachment.
(b) A conditional judgment must, on motion of such party, be entered against such witness
and a notice issued to him that such judgment will be made absolute unless he appears within
30 days from the date of the service of such notice and renders a good excuse for his default;
and, if he fails to appear and render a satisfactory excuse for his default, such judgment
may be made absolute or reduced, as the court may direct. (c) Witnesses failing to attend
court may make their excuse by affidavit, or viva voce, in open court, which the court must
hear at any time, unless engaged in the trial of a case, and, if the excuse is...
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15-21-9
Section 15-21-9 Form of writ. A writ of habeas corpus may be, in substance, as follows: The
State of Alabama,) ___ County.) To the sheriff of ___ County (or other person by whom the
party is imprisoned or restrained): You are hereby commanded to have the body of A. B. alleged
to be detained by you, by whatsoever name the said A. B. is called or charged, with the cause
of such detention, before C. D., judge of the circuit court (or other officer, as required
by Section 15-21-8), on _____ at _____ (specifying the time and place, or immediately after
the receipt of this writ, as the case may be), to do and receive what shall then and there
be considered concerning the said A. B. Dated this ____ day of _____, 20___. (Signed by the
officer, with his official title.) (Code 1852, §716; Code 1867, §4267; Code 1876, §4943;
Code 1886, §4767; Code 1896, §4820; Code 1907, §7015; Code 1923, §4313; Code 1940, T.
15, §9.)...
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43-2-465
Section 43-2-465 Right of purchaser to cite executor or administrator to report sale. (a) If
the executor or administrator fails, within the time required by law, to report any sale of
lands made by him under the provisions of this article, the purchaser, or his heirs, or any
other person claiming under him directly or derivatively, may, on motion in the probate court,
have citation to issue to such executor or administrator, citing him to appear within 20 days
from the date of the service of the citation, and report the sale; and if such executor or
administrator is then a nonresident of the state, or his place of residence is unknown to
the party asking for the citation, the court, on affidavit being made of either of these facts,
must cause service of such citation to be made by publication, once a week for three successive
weeks, in some newspaper published in the county, or if none is published therein, in the
newspaper published nearest to the courthouse of such county. (b) If...
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45-35-232.27
Section 45-35-232.27 Release pending trial; order. (a) A person in Houston County charged with
an offense, at an appearance before a judicial officer, may be ordered released pending a
trial on personal recognizance or upon the execution of an unsecured appearance bond in an
amount specified by the judicial officer, unless the judicial officer determines, in the exercise
of discretion, that release will not reasonably assure the appearance of the person as required.
(b) No person in Houston County charged with an offense shall be considered for the program
created by this subpart until the accused's first appearance before a judicial officer. (c)
In determining which conditions of release will reasonably assure the appearance of a person
as required, the judicial officer, on the basis of available information as presented by the
state, city, or their representative, respectively, or the defendant, shall consider matters
such as the nature and circumstances of the offense charged, the...
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32-1-5
Section 32-1-5 Depositing driver's license in lieu of bail in certain cases - Procedure. (a)
Whenever any person lawfully possessed of a chauffeur's or driver's license theretofore issued
to him or her by the Department of Public Safety of the State of Alabama, or under the laws
of any other state or territory, or the District of Columbia of the United States, shall be
arrested and charged with any violation of the provisions of this title for which under the
provisions of Sections 32-1-4 and 32-5-36 the arresting officer is directed to take a written
bond, he or she shall have the option of depositing his or her chauffeur's or driver's license
so issued to him or her with the arresting officer or the court, in lieu of any other security
which may be required for his appearance in any court in this state in answer to such charge
lodged in such court. (b) If such person arrested elects to deposit his or her license as
provided, the arresting officer or court shall issue such person a...
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32-1-6
Section 32-1-6 Depositing driver's license in lieu of bail in certain cases - Violation of
traffic ordinance of incorporated municipality. (a) Whenever any person lawfully possessed
of a chauffeur's or driver's license theretofore issued to him or her by the Department of
Public Safety of the State of Alabama, or under the laws of any other state or territory,
or the District of Columbia of the United States, shall be arrested and charged with any violation
of any traffic ordinance of any incorporated municipality, for which under the provisions
of such ordinance the arresting officer is directed to take a written bond, he or she shall
have the option of depositing his or her chauffeur's or driver's license so issued to him
or her with the arresting officer or the clerk of the district court or municipal court, in
lieu of any other security which may be required for his or her appearance in the district
court or municipal court in answer to such charge lodged in such court. (b) If such...
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11-45-9.1
Section 11-45-9.1 Issuance of summons and complaint in lieu of arrest for violation of certain
ordinances; procedure; schedule of fines; additional penalty for failure to appear; disposition
of fines. (a) By ordinance, the governing body of any municipality may authorize any law enforcement
officer of a municipality or any law enforcement officer of the state, in lieu of placing
persons under custodial arrest, to issue a summons and complaint to any person charged with
violating any municipal littering ordinance; municipal ordinance which prohibits animals from
running at large, which shall include leash laws and rabies control laws; or any Class C misdemeanor
or violation not involving violence, threat of violence or alcohol or drugs. (b) Such summons
and complaint shall be on a form approved by the governing body of the municipality and shall
contain the name of the court; the name of the defendant; a description of the offense, including
the municipal ordinance number; the date and...
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12-21-2
Section 12-21-2 Production of books, etc., generally - By resident nonparties; failure to comply.
(a) When any deed, writing or other document which it may be necessary to use as testimony
in any case may be in the possession of any person resident in this state who is not a party
to the case, the clerk of the court in which the case is pending shall, upon application of
the party or his attorney desirous of using such testimony, issue a subpoena duces tecum directed
to the person having such book or other document in his possession, requiring him to appear
and bring with him into court the paper desired to be used as testimony. Service shall be
by a sheriff, constable or some private person, and the official return of the sheriff or
constable or the affidavit of such private person shall be sufficient evidence that the same
was duly served; but, in all cases, the judge may require the summary production of any book
or document by subpoena duces tecum where the witness is able to...
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6-10-88
Section 6-10-88 Report of appraisers or commissioners - Hearing and determination on exceptions;
proceedings when exemption of personalty excessive or insufficient. (a) On the day fixed for
the hearing of such exceptions, an issue shall be made up under the direction of the court
and the same shall be tried as other issues in the court are tried, the party excepting being
the plaintiff on whom shall rest the burden of proof. On the hearing, the court may confirm
or set aside the report, as the right may appear. (b) But if the exceptions relate to the
exemption of personal property and are based on the ground that it is excessive or insufficient,
the court, if the exceptions are sustained, must not set aside the report, but shall ascertain
the amount of such excess or insufficiency and, if excessive, shall order the restoration
to the personal representative of property sufficient in value to cure the excess, describing
the same, and shall enforce such order by a writ of restitution;...
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32-6-31
Section 32-6-31 Terms of compact. The Driver License Compact is hereby enacted into law and
entered into with all other jurisdictions legally joining therein in the form substantially
as follows: Driver License Compact Article I Findings and Declaration of Policy (a) The party
states find that: (1) The safety of their streets and highways is materially affected by the
degree of compliance with state and local ordinances relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence that the violator engages in conduct
which is likely to endanger the safety of persons and property. (3) The continuance in force
of a license to drive is predicated upon compliance with laws and ordinances relating to the
operation of motor vehicles, in whichever jurisdiction the vehicle is operated. (b) It is
the policy of each of the party states to: (1) Promote compliance with the laws, ordinances
and administrative rules and regulations relating to the operation of...
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