12-20-25
Section 12-20-25 Taking file in pending action from office of clerk, etc. The file pertaining
to a pending action shall not be taken from the office of the clerk, register or probate judge
except by an attorney of record of a party to the action upon a receipt in writing signed
by such attorney, stating the number and title of the case and the papers contained in the
file. If any of such papers are lost, mislaid, destroyed or mutilated before a return of the
file and a surrender of the receipt, the costs of substituting them must be paid by the attorney
taking them. (Code 1876, §§562, 565; Code 1886, §654; Code 1896, §2646; Code 1907, §5738;
Code 1923, §10131; Code 1940, T. 7, §7.)...
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12-20-26
Section 12-20-26 Substitution of lost, etc., papers or records in civil cases - Inherent power
of courts. All courts have the inherent power, if original papers or records pertaining to
matters of civil jurisdiction or to civil actions which are pending or which have been determined
are lost, mislaid, destroyed or mutilated, to cause a substitution thereof, and the substituted
paper or record is of equal validity with the original. (Code 1867, §§648, 649; Code 1876,
§555; Code 1886, §656; Code 1896, §2647; Code 1907, §5739; Code 1923, §10132; Code 1940,
T. 7, §8.)...
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15-8-35
Section 15-8-35 Indictment for forgery of instrument destroyed or withheld. In an indictment
for the forgery of an instrument which has been destroyed or withheld by the act or procurement
of the defendant, if that fact is alleged in the indictment, a misdescription of the instrument
is immaterial. (Code 1852, §581; Code 1867, §4131; Code 1876, §4804; Code 1886, §3859;
Code 1896, §4727; Code 1907, §6917; Code 1923, §4128; Code 1940, T. 14, §206; Code 1975,
§13-4-68.)...
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15-13-63
Section 15-13-63 Arrest of defendant by bail after conditional judgment. After the entry of
conditional judgment against any surety on an undertaking of bail, he may arrest the defendant
as provided in Section 15-13-62, but such arrest and delivery of the defendant to the sheriff
shall not exonerate the surety unless, in the judgment of the court, a good and sufficient
excuse is given for the failure of the defendant to appear at the time the conditional judgment
was entered. (Code 1896, §4372; Code 1907, §6352; Code 1923, §3385; Code 1940, T. 15, §210;
Acts 1949, No. 199, p. 230.)...
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15-10-30
Section 15-10-30 Arrest without process when defendant present. After an indictment has been
returned by the grand jury, the court may order any defendant who is present and who has not
been arrested to be taken into custody without process. When the defendant has given bail
prior to the return of an indictment against him for a capital offense, the court may, in
its discretion, likewise order him into custody. (Code 1867, §4152; Code 1876, §4825; Code
1886, §4395; Code 1896, §5251; Code 1907, §6283; Code 1923, §3277; Code 1940, T. 15, §168.)...

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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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10A-21-3.03
Section 10A-21-3.03 Entry of not guilty plea for corporation failing to appear, etc. If the
defendant corporation fails to appear and plead to the indictment, the court must cause the
plea of not guilty to be entered for it, and the trial shall proceed as if the corporation
had appeared and pleaded not guilty; but, in such case, proof must be made to the court that
the person upon whom the notice and copy of the indictment were served was an officer or agent
of the corporation authorized by law to receive such service. (Code 1896, §5318; Code 1907,
§6626; Code 1923, §3729; Code 1940, T. 10, §201; §10-7-3; amended and renumbered by Act
2009-513, p. 967, §360.)...
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6-6-181
Section 6-6-181 Complaint to compel discovery, etc., of property - Intent to hinder, delay,
or defraud creditors; charge of fraud to be answered; use of answer as evidence on fraud indictment.
(a) A complaint for discovery may be filed and the defendant compelled to answer such complaint
when the defendant is charged with having confessed or suffered a judgment, where no portion
or a part only of such judgment is due, with the intent to hinder, delay, or defraud creditors
or with having conveyed his property with the like intent. (b) A defendant may be compelled
to answer a complaint in the circuit court charging him with any fraud affecting the rights
or property of others. (c) No answer made to a complaint under the provisions of subsections
(a) and (b) of this section can be read in evidence against the defendant on an indictment
for any fraud charged in the complaint. (Code 1852, §§2988-2990; Code 1867, §§3443-3445;
Code 1876, §§3883-3885; Code 1886, §§3541-3543; Code 1896,...
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10A-21-3.01
Section 10A-21-3.01 Docketing and issuance of notice of indictment. When an indictment is returned
against a corporation doing business in this state, such indictment shall be forthwith docketed,
and the clerk of the court shall issue a notice thereof to the defendant corporation, accompanied
by a certified copy of the indictment. (Code 1896, §5316; Code 1907, §6624; Code 1923, §3727;
Code 1940, T. 10, §199; §10-7-1; amended and renumbered by Act 2009-513, p. 967, §360.)...

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12-22-91
Section 12-22-91 Appeal when statute under which prosecution preferred held unconstitutional.
In all criminal cases when the act of the Legislature under which the indictment or information
is preferred is held to be unconstitutional, the district attorney may take an appeal in behalf
of the state to the Supreme Court, which appeal shall be certified as other appeals in criminal
cases, and the clerk must transmit, without delay, the record on appeal and the notice of
appeal to the Supreme Court. (Code 1886, §4515; Code 1896, §4315; Code 1907, §6246; Code
1923, §3239; Code 1940, T. 15, §370.)...
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