12-15-311
Section 12-15-311 Dispositional hearing. (a) If the juvenile court finds from clear and convincing
evidence, competent, material, and relevant in nature, that a child is dependent, the juvenile
court may proceed immediately, in the absence of objection showing good cause or at a postponed
hearing, to make proper disposition of the case. (b) In dispositional hearings, all relevant
and material evidence helpful in determining the best interests of the child, including verbal
and written reports, may be received by the juvenile court even though not admissible in the
adjudicatory hearing. The parties or their counsel shall be afforded an opportunity to examine
and controvert written reports so received and to cross-examine individuals making reports.
(c) On its own motion or that of a party, the juvenile court may continue the dispositional
hearing pursuant to this section for a reasonable period to receive reports and other evidence
bearing on the disposition or need for care or...
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12-16-9
Section 12-16-9 Separation and sequestration of jury in felony cases. In the prosecution of
any felony case the trial court in its discretion may permit the jury hearing the case to
separate during the pendency of the trial. The court may at any time on its own initiative
or on motion of any party, require that the jury be sequestered under the charge of a proper
officer whenever they leave the jury box or the court may allow them to separate. A motion
to separate or sequester shall not be made within the hearing of the jury, and the jury shall
not be informed which party, if any, requested separation or sequestration. (Acts 1943, No.
384, p. 358; Acts 1982, No. 82-566, p. 943; Acts 1995, No. 95-190, p. 264, §1.)...
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9-9-11
Section 9-9-11 Establishment of district - Filing of objections to organization of district;
hearing and proceedings upon petition and objections; issuance of order declaring organization
of district; dismissal of petition and issuance of itemized bill of costs and expenses. (a)
Any owner of real property affected by said proposed district who wishes to object to the
organization and incorporation of said district shall, on or before 12:00 noon of the day
set for the causes to be heard, file his objection in writing stating why such district should
not be organized and incorporated. On the day appointed for the hearing, the court shall hear
and determine in a summary manner any objection that may be offered to the sufficiency of
the petition or to the report of the engineer or plan submitted by petitioners. If it appears
that there is any land within the proposed district that is not in the watershed, if the proposed
plan includes purposes other than drainage or is not in the benefited...
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12-15-213
Section 12-15-213 Children charged with delinquent acts or alleged to be in need of supervision
to be accorded privilege against self-incrimination; admissibility in evidence of extrajudicial
statements of children and evidence illegally seized or obtained; double jeopardy. (a) A child
charged with a delinquent act or who is alleged to be in need of supervision shall be accorded
the rights and privileges afforded by the Constitution of the United States and the Constitution
of Alabama of 1901. (b) An extrajudicial statement which would be constitutionally inadmissible
in a criminal proceeding may not be received in evidence over objection. Evidence illegally
seized or obtained may not be received in evidence over objection to establish the allegations
against the child. An extrajudicial admission or confession made by the child out of court
is insufficient to support a finding that the child committed the acts alleged in the petition
unless it is corroborated by other evidence. (c)...
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15-15-25
Section 15-15-25 When plea not accepted. If the court, after hearing a plea of guilty by a
defendant and the testimony offered, is of opinion that no offense has been committed or is
not satisfied beyond a reasonable doubt that the defendant is guilty, then the court may order
the defendant recommitted to jail to await the action of the grand jury, may release the defendant
on bond in an amount to be fixed by the court or may order the defendant to be discharged.
(Acts 1939, No. 227, p. 367; Code 1940, T. 15, §265.)...
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28-4-223
Section 28-4-223 Issuance of preliminary injunction generally. When a petition making a prima
facie case and properly verified is presented to the judge of the court wherein the petition
is filed or is to be filed or other judge authorized by the law of the state to grant a preliminary
injunction, such judge may, after notice to the adverse party and a hearing, issue a preliminary
injunction, and the judge shall direct the terms of the preliminary injunction so as to carry
out the purposes of the law, which is to secure the restraint and abatement of such liquor
nuisances on the premises. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923,
§4674; Code 1940, T. 29, §144.)...
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32-5A-308
Section 32-5A-308 Judicial review. Within 30 days of the issuance of the final determination
of the department following a hearing under Section 32-5A-307, a person aggrieved by the determination
shall have the right to file a petition in the circuit court of the county where the arrest
was made for judicial review. The appeal shall be taken by serving written notice of the appeal
upon the director, which service shall be made by delivering a copy of the notice to the director
in Montgomery, Alabama, and filing the original thereof with the clerk of the court to which
the appeal is taken. The court shall set the matter for hearing upon 30 days' written notice
to the director. At the hearing, the court may take testimony and examine the facts of the
case. After the hearing, the court may either reverse or sustain the final determination of
the department. The filing of a petition for judicial review shall not stay the suspension
order. (Acts 1996, No. 96-322, p. 388, §9; Act 99-598, p....
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12-11A-6
Section 12-11A-6 Services provided by circuit court clerk and sheriff. (a) The clerk of the
circuit court of the county in which the case is filed shall provide the same case management
services as with any other case filed in the circuit clerk's office. The private judge hearing
a case under this chapter shall have access to all pleadings, docket entries, and other filings
as would a judge hearing the case. (b) The sheriff of the county in which the case is filed
shall provide such services related to service of process as for any other case filed in the
county. (Act 2012-266, p. 514, §6.)...
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12-15-310
Section 12-15-310 Conduct of adjudicatory hearings. (a) An adjudicatory hearing is a hearing
at which evidence is presented for a juvenile court to determine if a child is dependent.
At the commencement of the hearing, if the parties are not represented by counsel, they shall
be informed of the specific allegations in the petition. The parties shall be permitted to
admit or deny the allegations prior to the taking of testimony. (b) If the allegations are
denied by the parties or if they fail to respond, the juvenile court shall proceed to hear
evidence on the petition. The juvenile court shall record its findings on whether the child
is dependent. If the juvenile court finds that the allegations in the petition have not been
proven by clear and convincing evidence, the juvenile court shall dismiss the petition. (c)
A statement made by a child under the age of 12 describing any act of child abuse committed
against the child, if it is not otherwise admissible by statute or court rule, is...
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12-22-192
Section 12-22-192 Petition for appeal under division; contents thereof. In such criminal cases
where the defendant has been adjudicated guilty by the trial court he may, if no motion for
a new trial is filed within 10 days after the last day on which a motion for a new trial could
have been filed or within 10 days after the ruling of the trial court upon a motion for a
new trial, duly filed and ruled on adversely to defendant, file with the clerk or the trial
judge of the court wherein such defendant was adjudicated guilty and sentenced a petition
in writing, sworn to and subscribed by said defendant, stating that the defendant desires
to take an appeal under the provisions of this division. Such petition must identify the style
of the case, the offense for which the defendant was convicted, the plea made by the defendant,
the date of the adjudication of guilt, the sentence and the punishment therefor and the name
of the court imposing such punishment, together with the name of the...
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