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37-1-130
Section 37-1-130 Superseding order - Order stayed and superseded upon giving bond; termination
of stay or supersedeas. After the required bond shall have been given, the order appealed
from shall be stayed and superseded, and it shall be lawful for the utility to charge the
rates, fares or charges which had been reduced by said order, or the rates, fares or charges
sought to be established by its petition, until the final disposition of said case. If said
utility shall fail after 30 days' written notice to give such additional bond at the end of
each six months, pending any appeal, the stay or supersedeas shall terminate, and the rates,
fares or charges established by statute or by the Public Service Commission or by the order
or action appealed from shall be revived and shall be the lawful rates pending all further
proceedings in the case. (Acts 1909, No. 42, p. 96; Code 1923, §9842; Code 1940, T. 48, §88.)...
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43-8-198
Section 43-8-198 Transfer of contest to circuit court; appeal from judgment of circuit court;
certification of judgment, etc., to probate court. Upon the demand of any party to the contest,
made in writing at the time of filing the initial pleading, the probate court, or the judge
thereof, must enter an order transferring the contest to the circuit court of the county in
which the contest is made, and must certify all papers and documents pertaining to the contest
to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit
court and a special session of said court may be called for the trial of said contest or,
said contest may be tried by said circuit court at any special or regular session of said
court. The issues must be made up in the circuit court as if the trial were to be had in the
probate court, and the trial had in all other respects as trials in other civil cases in the
circuit court. An appeal to the supreme court may be taken from the...
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12-11-30
Section 12-11-30 Generally. (1) CIVIL. The circuit court shall have exclusive original jurisdiction
of all civil actions in which the matter in controversy exceeds twenty thousand dollars ($20,000),
exclusive of interest and costs, and shall exercise original jurisdiction concurrent with
the district court in all civil actions in which the matter in controversy exceeds six thousand
dollars ($6,000), exclusive of interest and costs. (2) CRIMINAL. The circuit court shall have
exclusive original jurisdiction of all felony prosecutions and of misdemeanor or ordinance
violations which are lesser included offenses within a felony charge or which arise from the
same incident as a felony charge; except, that the district court shall have concurrent jurisdiction
with the circuit court to receive pleas of guilty in felony cases not punishable by sentence
of death. The circuit court may, on conviction of a defendant, upon a showing of inability
to make immediate payment of fine and costs,...
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12-19-134
Section 12-19-134 Taxation and collection of amount proved; limitation on number of witnesses
to prove any one matter. (a) Upon the final disposition of any civil case, the amount proved
by the witnesses, as provided in this article, must be taxed in the bill of costs against
the rightful party, setting forth the name of each witness and the amount allowed him, which
must be collected by the sheriff for the use of such witnesses and be paid to the clerk issuing
the execution, unless the certificate of such clerk, with the receipt of the witnesses thereon,
is produced to the sheriff. (b) Not more than two witnesses shall be taxed in any bill of
costs who were called to prove any one matter of fact or, having been subpoenaed, were not
examined unless the court, upon a motion to retax the costs, should, in its discretion, consider
that the circumstances of the case warranted the examining or summoning of more than two witnesses
for the proof of a particular fact or unless such witnesses...
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12-19-43
Section 12-19-43 Payment of fees for services in proceedings before judges of probate; security
deposits. (a) Fees allowed by law in connection with proceedings before probate judges shall
be collected either at the time the pleading is filed in probate court or at the termination
of the suit, as determined by the court. Fees for transcripts of papers filed in the case
to which parties are entitled as of course, shall be due when the service is performed. (b)
In cases where appropriate, the court may order that security deposits be deposited into the
probate court to cover expected court costs. Any unused security deposits shall be returned
to the person who made the deposit. (Code 1852, §§3051, 3057; Code 1867, §§3522, 3528;
Code 1876, §§5005, 5011; Code 1886, §3668; Code 1896, §1356; Code 1907, §3696; Code 1923,
§7258; Code 1940, T. 11, §4; Acts 1975, No. 1205, p. 2384, §16-138; Act 2017-293, §1.)...
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12-21-3.1
Section 12-21-3.1 Subpoena of law enforcement officers and investigative reports; disposition
of criminal matters. (a) Neither law enforcement investigative reports nor the testimony of
a law enforcement officer may be subject to a civil or administrative subpoena except as provided
in subsection (c). (b) Law enforcement investigative reports and related investigative material
are not public records. Law enforcement investigative reports, records, field notes, witness
statements, and other investigative writings or recordings are privileged communications protected
from disclosure. (c) Under no circumstance may a party to a civil or administrative proceeding
discover material which is not authorized discoverable by a defendant in a criminal matter.
Noncriminal parties may upon proper motion and order from a court of record: Secure photographs,
documents and tangible evidence for examination and copying only by order of a court imposing
such conditions and qualifications as may be...
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15-11-3
Section 15-11-3 Adjournment; commitment of defendant to jail or bail. When a defendant is brought
before a district court under a warrant of arrest for preliminary examination, the court may
adjourn the examination from time to time, as may be necessary, not exceeding 10 days at one
time, without the consent of the defendant, and to the same or a different place in the county.
In such case, if the defendant is charged with a capital offense, he must be committed to
jail in the meantime; but if the offense is not capital, he may give bail in such sum as the
court directs for his appearance for such further examination or, for the want thereof, must
be committed. On the day to which the examination was adjourned, the defendant may be brought
before the court by verbal order to the officer who had charge of him or by order in writing
to a different person if the custody has been changed. (Code 1852, §454; Code 1867, §4003;
Code 1876, §4673; Code 1886, §4280; Code 1896, §5229; Code...
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15-17-5
Section 15-17-5 Grounds for granting new trials; costs thereof. (a) On motion filed within
30 days from entry of judgment, a new trial may be granted for the following grounds: (1)
Irregularity in the proceedings of the court, jury or state or any order of court or abuse
of discretion by which the defendant was prevented from having a fair trial; (2) Misconduct
of the jury or state; (3) Accident or surprise which ordinary prudence could not have guarded
against; (4) That the verdict or decision is not sustained beyond a reasonable doubt or is
contrary to law; (5) Newly discovered evidence, material for the party applying, which he
could not with reasonable diligence have discovered and produced at the trial; and (6) Error
of law occurring at the trial properly preserved by the party making the application. (b)
The court, in granting new trials, may allow the same at the costs of the party applying therefor
or in the costs abiding the event of the case, or a portion of the costs, as the...
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22-4-5
Section 22-4-5 Adoption, revision, etc., of rules, regulations, standards, etc., by State Board
of Health; appeals therefrom; State Board of Health not to discriminate among branches of
healing arts in administration of funds. (a) The State Board of Health, with the advice and
consultation of the Statewide Health Coordinating Council, is hereby authorized and empowered
to adopt, revise, abolish, promulgate and publish rules, regulations, standards and procedures
for: (1) The preparation of the preliminary State Health Plan and the State Medical Facilities
Plan; (2) The administration of the State Health Plan and of the State Medical Facilities
Plan after approval by the Statewide Health Coordinating Council; (3) The construction and
operation of health care facilities established under the State Medical Facilities Plan; and
(4) Such other matters as may be necessary to carry out the intent and purpose of this article.
(b) The State Board of Health is also authorized and empowered to...
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30-2-56
Section 30-2-56 Interim alimony. (a)(1) In an action for divorce, legal separation, or annulment,
the court may award either spouse interim alimony based upon a showing of all of the following:
a. The spouse maintains the validity of the marriage. b. The spouse needs interim alimony,
after taking into consideration any other financial contributions provided by the other spouse
pursuant to other interim orders of the court. c. The other spouse has the ability to pay
interim alimony. (2) An award under subdivision (1) may be made retroactive to the date of
the filing of the complaint. The amount awarded shall be based on the applicable factors for
awarding rehabilitative or periodic alimony as established in subsections (d), (e), and (f)
of Section 30-2-57. (b) An order awarding interim alimony may be terminated or prospectively
modified at any time prior to the entry of a final judgment for good cause shown. In case
of an emergency, the court may order or prospectively modify interim...
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