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23-1-368
Section 23-1-368 Investigations; administration of oaths; subpoena of witnesses; enforcement
of subpoena. The director may conduct investigations and hold inquiries relating to this article.
All investigations conducted shall be open to the public. The director may administer oaths
and affirmations, certify official acts, issue subpoenas, and compel the attendance and testimony
of witnesses and the production of papers, books, and documents. In case of failure to comply
with any subpoena or order issued under the authority granted by this article, the director
may invoke the aid of any circuit court of the state. The court may order the witness to comply
with the requirements of the subpoena or order or to give evidence relating to the matter
in question. Any failure to obey the order of the court may be punished by the court as contempt
thereof. (Act 2000-220; p. 328, §21.)...
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26-10A-31
Section 26-10A-31 Confidentiality of records, hearing; parties. (a) After the petition is filed
and prior to the entry of the final decree, the records in adoption proceedings shall be open
to inspection only by the petitioner or his or her attorney, the investigator appointed under
Section 26-10A-19, any attorney appointed for the adoptee under Section 26-10A-22, and any
attorney retained by or appointed to represent the adoptee. Such records shall be open to
other persons only upon order of court for good cause shown. (b) All hearings in adoption
proceedings shall be confidential and shall be held in closed court without admittance of
any person other than interested parties and their counsel, except with leave of court. (c)
After the final decree of adoption has been entered, all papers, pleadings, and other documents
pertaining to the adoption shall be sealed, kept as a permanent record of the court, and withheld
from inspection except as otherwise provided in this section and in...
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8-19-11
Section 8-19-11 Penalties. (a) Any person who violates the terms of an injunction or order
issued under this chapter shall forfeit and pay a civil penalty of not more than $25,000 per
violation and shall be adjudged in contempt. For the purpose of this section, any circuit
court issuing an injunction or order under this chapter shall retain jurisdiction, and in
such cases the Attorney General or the district attorney acting in the name of the state may
petition for recovery of such civil penalties. (b) Any person who is knowingly engaging in
or has knowingly engaged in any act or practice declared unlawful by Section 8-19-5 shall
forfeit and pay a civil penalty of not more than $2,000 per violation upon petition by the
Attorney General or a district attorney acting in the name of the state to the circuit court
for the county in which the defendant resides, is doing business, or has his/her principal
place of business, or the county in which the unlawful act or practice was or is being...
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13A-6-130
Section 13A-6-130 Domestic violence - First degree. (a)(1) A person commits the crime of domestic
violence in the first degree if the person commits the crime of assault in the first degree
pursuant to Section 13A-6-20; aggravated stalking pursuant to Section 13A-6-91; or burglary
in the first degree pursuant to Section 13A-7-5 and the victim is a current or former spouse,
parent, step-parent, child, step-child, any person with whom the defendant has a child in
common, a present household member, or a person who has or had a dating relationship with
the defendant. (2) For the purposes of this section, a household member excludes non-romantic
or non-intimate co-residents, and a dating relationship means a current or former relationship
of a romantic or intimate nature characterized by the expectation of affectionate or sexual
involvement by either party. (b) Domestic violence in the first degree is a Class A felony,
except that the defendant shall serve a minimum term of imprisonment of...
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15-13-144
Section 15-13-144 Notice to prosecutor. Prior to the hearing, the judicial officer shall have
the clerk of the court give a minimum notice of 72 hours to the district attorney of the circuit
of the jurisdiction, or to an assistant district attorney of the jurisdiction for that purpose,
or the prosecuting officer of the municipal court in municipal court cases, that a person
seeks to be released on judicial public bail and notice shall stipulate the time of the hearing.
No person shall be released on judicial public bail unless notice is given. Upon receipt of
the notice, the district attorney, or prosecutor, or his or her assistant shall be entitled
to be heard at the hearing on the merits of the conditions of release, and the hearing shall
be at a time, date, and place certain wherein all parties shall appear and proceedings shall
be a matter of record. Nothing contained in this chapter shall be construed as granting or
affording the defendant an absolute right to be released on...
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15-23-71
Section 15-23-71 Plea agreement. The victim has the right to be present at any proceeding at
which a negotiated plea for the person accused of committing the criminal offense against
the victim will be presented to the court. The court shall not accept a plea agreement unless:
(1) The prosecuting attorney advises the court that, before requesting the negotiated plea,
reasonable efforts were made to confer with the victim. (2) Reasonable efforts are made to
give the victim notice of the plea proceeding, including the offense to which the defendant
will plead guilty, the date that the plea will be presented to the court, the terms of any
sentence agreed to as part of the negotiated plea, and that the victim has the right to be
present. (3) The prosecuting attorney advises the court that, to the best of his or her knowledge,
the notice requirements of this article have been met. (Acts 1995, No. 95-583, p. 1234, §12.)...
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15-23-77
Section 15-23-77 Right to have property returned. (a) Prior to the admission of evidence to
the court, on request of the victim, after consultation and written approval by the district
attorney or Attorney General, the law enforcement agency responsible for investigating the
criminal offense shall return to the victim any property belonging to the victim that was
taken during the course of the investigation, or shall inform the victim of the reasons why
the property will not be returned. The law enforcement agency shall make reasonable efforts
to return the property to the victim as soon as possible. (b) If the property of the victim
has been admitted as evidence during a trial or hearing, the court may, upon request of the
district attorney or the Attorney General, order its release to the victim if a photograph
can be substituted. If evidence is released pursuant to this subsection, the attorney for
the defendant or investigator may inspect and independently photograph the evidence...
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30-3-4.2
Section 30-3-4.2 Grandparent visitation. (a) For the purposes of this section, the following
words have the following meanings: (1) GRANDPARENT. The parent of a parent, whether the relationship
is created biologically or by adoption. (2) HARM. A finding by the court, by clear and convincing
evidence, that without court-ordered visitation by the grandparent, the child's emotional,
mental, or physical well-being has been, could reasonably be, or would be jeopardized. (b)
A grandparent may file an original action in a circuit court where his or her grandchild resides
or any other court exercising jurisdiction with respect to the grandchild or file a motion
to intervene in any action when any court in this state has before it any issue concerning
custody of the grandchild, including a domestic relations proceeding involving the parent
or parents of the grandchild, for reasonable visitation rights with respect to the grandchild
if any of the following circumstances exist: (1) An action for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-4.2.htm - 10K - Match Info - Similar pages
37-1-104
Section 37-1-104 Power of circuit court to compel compliance with commission orders, etc. In
case of failure or refusal on the part of any person to comply with any valid order of the
commission or of any commissioner, or any subpoena, or on the refusal of any witness to testify
or answer as to any matter regarding which he may be lawfully interrogated, any circuit court
in this state, or any judge thereof, on application of a commissioner, may issue an attachment
for such person and compel him to comply with such order, or to attend before the commission
and produce such documents and give his testimony upon such matters as may be lawfully required,
and the court or judge shall have power to punish for contempt as in cases of disobedience
of a like order or subpoena issued by or from such court, or a refusal to testify therein.
(Acts 1920, No. 37, p. 38; Code 1923, §9801; Code 1940, T. 48, §78.)...
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40-10-25
Section 40-10-25 Appeal from decree. From any decree rendered by the probate court for the
sale of real estate for the payment of taxes, the defendant in the cause or the state, in
behalf of itself and the county, may appeal to the circuit court of the county within 30 days
after the rendition of the decree. If the defendant appeals, he must execute a bond in double
the amount of the decree, payable to the State of Alabama, with sufficient surety to be approved
by the judge of probate, and conditioned that he will prosecute the appeal to effect and pay
such judgment as the appellate court may render thereon; but the state shall not be required
to execute any bond. The district attorney shall represent the state on such appeal, and of
the pendency thereof the judge of probate must give him notice in writing; and on appeal by
the state, notice thereof shall be given the defendant, as in other cases of appeal from the
court to the circuit court, such appeal must be tried de novo, upon an...
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