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15-25-2
Section 15-25-2 Prosecution for physical or sexual offense or exploitation involving
child under age 16 - Videotaped deposition; who may be present; procedure; protective order.
(a) In any criminal prosecution referred to in Section 15-25-1, the court, upon motion
of the district attorney or Attorney General, for good cause shown and after notice to the
defendant, may order the taking of a videotaped deposition of an alleged victim of or witness
to the crime who is under the age of 16 at the time of the order. (b) On any motion for a
videotaped deposition of the victim or a witness, the court shall consider the age and maturity
of the child, the nature of the offense, the nature of testimony that may be expected, and
the possible effect that the testimony in person at trial may have on the victim or witness,
along with any other relevant matters that may be required by Supreme Court rule. (c) During
the taping of a videotaped deposition authorized pursuant to this section, the...
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15-25-5
Section 15-25-5 Use of anatomically correct dolls or mannequins during testimony or
deposition of victim or witness under age 10. In any criminal proceeding and juvenile cases
wherein the defendant is alleged to have had unlawful sexual contact or penetration with or
on a child, the court shall permit the use of anatomically correct dolls or mannequins to
assist an alleged victim or witness who is under the age of 10 in testifying on direct and
cross-examination at trial, or in a videotaped deposition as provided in this article. (Acts
1985, No. 85-743, p. 1143, §5.)...
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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness
unavailable because of exceptional circumstances. (a) In any criminal prosecution, the court
may, upon motion of the district attorney, the defense, or the court, for good cause shown
and after notice to the parties, order the taking of a deposition or a videotaped deposition
of a victim or a witness when the victim or witness is or may be unavailable for trial for
medical reasons or other exceptional circumstances. On any motion for a deposition or a videotaped
deposition of the victim or witness, the court shall consider the age of the victim or witness,
the potential unavailability of the victim or witness for trial, the nature of the offense,
the nature of testimony that may be expected, and the possible effect that testimony in person
at trial may have on the victim or witness, along with any other relevant matters that may
be required by Supreme Court rule. During the taking of a deposition or...
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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving
child under age 16 - Use of closed circuit equipment; competence of victim as witness. (a)
In those criminal prosecutions set out in Section 15-25-1, the court, on motion of
the state or the defendant prior to the trial of the case, may order that the testimony of
any alleged victim of the crime or witness thereto who is under the age of 16 at the time
of the order shall be viewed and heard at trial by the court and the finder of fact by closed
circuit equipment. In ruling on the motion the court shall take into consideration those matters
set out in Section 15-25-2. (b) If the court orders that the victim's or witness's
testimony in court shall be by closed circuit equipment, the testimony shall be taken outside
the courtroom in the judge's chambers or in another suitable location designated by the judge.
(c) Examination and cross-examination of the alleged child victim or witness shall proceed
as...
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12-21-131
Section 12-21-131 Interpreters for persons defective in speech and/or hearing - Qualified
interpreter provided in certain criminal and juvenile proceedings; requirements; fees. (a)
Deaf person means any person either totally deaf, or who has defective hearing, or who has
both defective hearing and speech. (b) For the purpose of this section, the term qualified
interpreter means an interpreter certified by the National Registry of Interpreters for the
Deaf, Alabama Registry of Interpreters for the Deaf, or, in the event an interpreter so certified
is not available, an interpreter whose qualifications are otherwise determined. Efforts to
obtain the services of a qualified interpreter certified with a legal skills certificate or
a comprehensive skills certificate will be made prior to accepting services of an interpreter
with lesser certification. No qualified interpreter shall be appointed unless the appointing
authority and the deaf person make a preliminary determination that the...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable
cause to believe he or she is in imminent danger of becoming the victim of any act of abuse.
(2) A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State
Department of Human Resources may petition for relief on behalf of the following: a. A minor
child. b. Any person prevented by physical or mental incapacity from seeking a protection
order. (b) Standardized petitions for actions pursuant to this chapter shall be made available
through the circuit clerks' offices around the state. The circuit clerk shall not provide
assistance to persons in completing the forms or in presenting...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment
set forth in this section in all cases in which they are applicable, are sufficient,
and analogous forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY.
The State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county
charge that, before the finding of this indictment, etc. (describing the offense as in the
following forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney
of the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary
to law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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12-21-246
Section 12-21-246 Subpoena of witnesses - Execution. (a) In criminal cases, at the request
of the state, or the defendant or the defendant's attorney, the clerk of the court must issue
subpoenas for witnesses whose address shall be given by the person requesting the subpoena,
specifying therein the time and place for their appearance, the title of the case and at whose
instance the witness is summoned, and commanding the witness 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...
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15-25-1
Section 15-25-1 Prosecution for physical or sexual offense or exploitation involving
child under age 16 - Leading questions of victim or witness under age 10. In any criminal
prosecution for a physical offense or a sexual offense wherein the alleged victim is a child
under the age of 16 years and in any criminal prosecution involving the sexual exploitation
of a child under the age of 16, the court may allow leading questions at trial by the prosecution
or defense of any victim or witness in a case who is under the age of 10, if the court determines
that the allowance of leading questions will further the interests of justice. The court may
on motion of the prosecution or the defense, or on its own motion, limit the scope and extent
of any leading questions. (Acts 1985, No. 85-743, p. 1194, §1; Acts 1994, No. 94-704, p.
1359, §1.)...
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15-25-6
Section 15-25-6 Actions to minimize length of proceedings stressful to child; considerations
in ruling on motion for delay or continuance. In all criminal cases and juvenile proceedings
involving offenses set out in Section 15-25-1, wherein the victim hereof or a witness
to the offense is under the age of 16 years, the court and the district attorney shall take
appropriate action to ensure a speedy trial in order to minimize the length of time the child
must endure the stress of involvement in the proceedings. In ruling on any motion or other
request for a delay or continuance of proceedings, the court shall consider and give weight
to any adverse impact the delay or continuance may have on the well-being of a child victim
or witness. (Acts 1985, No. 85-743, p. 1143, §6.)...
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