17-13-78
Section 17-13-78 Statement by elector contesting election. (a) Any elector of a party desiring to contest the nomination by his or her party of any candidate declared the nominee for any office shall make a statement in writing setting forth specifically all of the following: (1) The name of the party contesting and that the elector was a qualified elector when the primary was held and he or she participated therein. (2) The nomination which the election was held to fill. (3) The time of holding the election. (4) The name of the person declared nominated. (5) The particular grounds on which the nomination is contested. (b) The contest is instituted by filing this statement and giving security as provided in this article, which statement must be certified by the affidavit of such contesting party to the effect that he or she believes the same to be true. (c) If the reception of illegal votes is alleged as a ground for contest, it is a sufficient statement of the ground to allege that...
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17-16-63
Section 17-16-63 Statement - Filing; bond. When any elector shall choose to contest any election for the office of Governor, Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture and Industries, justices of the Supreme Court, or judges of the courts of appeals, the elector, within 10 days after the Speaker of the House of Representatives shall have opened the returns and proclaimed the result of the election for Governor, Secretary of State, Auditor, Treasurer, Attorney General, Commissioner of Agriculture and Industries, justices of the Supreme Court, or judges of the courts of appeals, as provided in this chapter, must file with the Speaker of the House of Representatives a written statement of the grounds of such contest and a bond with good and sufficient sureties payable to the State of Alabama and conditioned for the payment of such costs as may accrue upon such contest in the event such contest shall result in favor of the contestee. Such bond...
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12-17-161
Section 12-17-161 Separate office of clerk of district court may be established; appointment and removal of clerk; abolition of separate office; participation in supernumerary fund. (a) Authority and responsibility for the operation of a separate clerk's office for the district court of a county may be authorized by the Supreme Court upon the written request of the clerk of the circuit court or the judges of the district court. When the Supreme Court authorizes a separate clerk's office for the district court of a county, the clerk of the circuit court shall not be the ex officio clerk of the district court and shall have no administrative responsibilities for and supervision over the operation of the office. Whenever a separate district clerk's office is authorized, the administrative responsibility for and supervision of the records and clerical services of the respective district court is vested in an official who shall be known as the clerk of the district court, who shall perform...
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43-8-197
Section 43-8-197 Change of venue. (a) At any time before the trial of such contest, either party may remove the same to another county by proceeding as is required in civil actions in the circuit court; and when an order for the removal of the trial of such contest is made, the judge of probate must transmit the will, subpoenas and all other papers belonging, and a transcript of all the entries of record relating thereto, to the judge of the probate court of the county to which the trial is ordered to be removed. Such judge of probate must proceed to try the case in the same manner as prescribed for the judge of probate of the county from which it has been removed. (b) If the judgment is rendered in the probate court to which it has been removed, and no appeal is taken within 30 days thereafter, such judgment must be certified by the judge of such probate court, and the will and other papers be returned to the probate court from which the trial was removed; and the will must be...
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12-18-81
Section 12-18-81 Right of election of probate judges holding office on or after December 27, 1973, to come under provisions of Article 1 of chapter; filing of instrument as to election with Clerk of Supreme Court, county commission and Secretary-Treasurer of State Employees' Retirement System; applicability of provisions of Article 1 of chapter to probate judges elected or appointed to office after October 1, 1976; state and local governing bodies authorized to pick up member contributions to retirement fund. Each probate judge holding office in the several counties of Alabama on or after December 27, 1973, and prior to October 1, 1976, shall have a right to elect to come under the provisions of Article 1 of this chapter in accordance with the provisions of this article. Each such probate judge who elects to come under the provisions of article 1 of this chapter shall, prior to the first Monday after the second Tuesday in January, 1977, file with the Clerk of the Supreme Court of...
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15-4-8
Section 15-4-8 Return of inquisition and preliminary investigation to circuit court; undertaking of witnesses to appear in court. (a) An inquisition taken under this chapter must be returned by the coroner forthwith, together with the written statement under oath taken by him on the preliminary investigation, to the clerk of the circuit court of the county. (b) The coroner must also require all the material witnesses to enter into an undertaking to appear at the circuit court, if in session, or, if not, at the next session thereof; he may require surety to such undertaking and, on the failure of a witness to enter therein, may commit him until he enters into the same. (Code 1852, §818; Code 1867, §4369; Code 1876, §3997; Code 1886, §4808; Code 1896, §4931; Code 1907, §7169; Code 1923, §4564; Code 1940, T. 15, §83.)...
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45-17-234.01
Section 45-17-234.01 Additional fees; disposition of funds. (a) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the civil division of the District and Circuit Courts of Colbert County shall increase the fees by seventeen dollars and fifty cents ($17.50) per document personally served by the sheriff's office, or its designee. For the purposes of this section, the term document shall include multiple papers served on a party or entity at one time. (b) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court office in the civil division of the District and Circuit Courts of Colbert County, for documents generated out-of-state, shall create a fee of fifty dollars ($50) per document served by the sheriff's office, or its designee. For the purposes of this section, the term document shall include multiple papers served on a party or entity at...
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45-40-236.01
Section 45-40-236.01 Additional service of process fee; out-of-state documents. (a) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the civil division of the District and Circuit Courts of Lawrence County shall increase the fees by seventeen dollars fifty cents ($17.50) per document personally served by the sheriff's office, or its designee. For the purposes of this section, the term document shall include multiple papers served on a party or entity at one time. (b) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the civil division of the District and Circuit Courts of Lawrence County for documents generated out-of-state shall collect a fee of fifty dollars ($50) per document served by the sheriff's office, or its designee. For the purposes of this section, the term document shall include multiple papers served on a...
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15-21-15
Section 15-21-15 Subpoenas for witnesses. (a) On the application of either party, subpoenas for witnesses must be issued at any time before the hearing on a writ of habeas corpus by the clerk of the circuit court of the county to which the writ is returnable. (b) Such subpoenas must be directed to the sheriff or any constable of the county in which the witness resides and must be executed and returned as in other cases. (Code 1852, §721; Code 1867, §4272; Code 1876, §4948; Code 1886, §4772; Code 1896, §4823; Code 1907, §4319; Code 1923, §4319; Code 1940, T. 15, §15.)...
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17-8-3
Section 17-8-3 When officers ineligible to serve on appointing board. When the judge of probate, sheriff, or clerk of the circuit court is a candidate for election to any office at that election and has opposition named on the ballot, he or she shall not serve on the appointing board. The judge of probate, as the chief election official for the county, shall certify to the qualified members of the appointing board the fact of the candidacy of any member of the appointing board immediately after the certificate of nomination, or petition, as provided in Section 17-9-3, is filed. (Code 1907, §§349, 6812, 6813; Code 1923, §§439, 3930, 3931; Code 1940, T. 17, §§122, 325, 326; §17-6-3; amended and renumbered by Act 2006-570, p. 1331, §41.)...
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