Code of Alabama

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22-52-14
Section 22-52-14 Payment of costs. In any commitment proceeding, the fees of any attorney appointed
by the probate judge to act as advocate for the petition and any attorney or guardian ad litem
appointed by the probate judge for the person sought to be committed shall be set at the rates
established by Section 15-12-21; and any expert employed to offer expert testimony, in such
amounts as found to be reasonable by the probate judge; and all other costs allowable by law
shall be paid by the state general fund upon order of the probate judge; except, that if the
petition is denied and the petitioner is not indigent and is not a law enforcement officer
or other public official acting within the line and scope of his duties, all costs may be
taxed against the petitioner, or if the petition is granted and the person sought to be committed
is not indigent, the probate judge may order all costs paid from the estate of the person
committed. (Acts 1975, No. 1226, p. 2562, §11; Acts 1977, No....
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27-12-18
Section 27-12-18 Statement of charges; hearing, order, and review thereon. (a) If the commissioner
believes that any person has been engaged, or is engaging, in this state in any unfair method
of competition or any unfair or deceptive act or practice expressly prohibited in this trade
practices law and that a proceeding by him in respect thereto would be to the interest of
the public, he shall issue and serve upon such person a statement of the charges in that respect
and a notice of a hearing thereon to be held at a time and place fixed in the notice, which
shall not be less than 10 days after the date of the service thereof. (b) At the hearing,
such person shall have an opportunity to be heard and to show cause why an order should not
be made by the commissioner requiring such person to cease and desist from the acts, methods,
or practices so complained of. Upon good cause shown, the commissioner shall permit any person
to intervene, appear, and be heard at such hearing by counsel or...
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6-5-147
a preliminary injunction it shall appear that the person owning, in control, or in charge of
the nuisance so enjoined has received five days' notice of the hearing, then, unless such
person shall show to the satisfaction of the court or judge that the nuisance complained of
has been abated, the court or judge shall issue an order closing the place against its use
for any purpose until final decision shall be entered on the application for a permanent injunction.
(b) Such order shall also continue in effect for such further period the temporary restraining
order provided in Section 6-5-145 if already issued or, if not issued, shall include such
an order restraining for such period the removal or interference with the personal
property and contents located thereat or therein as provided, and such restraining order shall
be served and the inventory of such property shall be made and filed as provided in such section.
(Acts 1919, No. 53, p. 52; Code 1923, §9290; Code 1940, T. 7, §1101.)...
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22-52-6
Section 22-52-6 Notification of Department of Mental Health and Mental Retardation or other
public facility of petition, date of final hearing, etc. (a) When a petition is filed seeking
the involuntary commitment of a respondent, the probate judge with whom the petition is filed
shall notify the department or designated mental health facility of the pendency of the petition
in the manner and with such other information as designated by the department. (b) The probate
judge shall notify the department or a designated mental health facility of the date of the
final hearing on the petition to commit. (Acts 1975, No. 1226, p. 2562, §7; Acts 1977, No.
670, p. 1143; Acts 1991, No. 91-440, p. 783, §7.)...
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22-52-9
Section 22-52-9 Conduct of hearings. At all hearings, including probable cause hearings, conducted
by the probate judge in relation to a petition to involuntarily commit a respondent, the following
rules shall apply: (1) The respondent shall be present unless, prior to the hearing, the attorney
for the respondent has filed in writing a waiver of the presence of the respondent on the
ground that the presence of the respondent would be dangerous to the respondent's physical
or mental health or that the respondent's conduct could reasonably be expected to prevent
the hearing from being held in an orderly manner, and the probate judge has judicially found
and determined from evidence presented in an adversary hearing that the respondent is so mentally
or physically ill as to be incapable of attending such proceedings. Upon such findings an
order shall be entered approving the waiver. (2) The respondent shall have the right to compel
the attendance of any witness who may be located anywhere...
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30-3B-308
Section 30-3B-308 Expedited enforcement of child custody determination. (a) A petition under
this article must be verified. Certified copies of all orders sought to be enforced and of
any order confirming registration must be attached to the petition. A copy of a certified
copy of an order may be attached instead of the original. (b) A petition for enforcement of
a child custody determination must state: (1) Whether the court that issued the determination
identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so,
what the basis was; (2) Whether the determination for which enforcement is sought has been
vacated, stayed, or modified by a court whose decision must be enforced under this chapter
and, if so, identify the court, the case number, and the nature of the proceeding; (3) Whether
any proceeding has been commenced that could affect the current proceeding, including proceedings
relating to domestic violence, protective orders, termination of parental...
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37-14-13
Section 37-14-13 Judicial determination of legality, etc., of article - Hearing; entry of judgment;
appeals. At the time and place designated in said order, the judge of said circuit court shall
proceed to hear and determine all questions of law and of fact in said civil action, and he
shall make such order, or orders, as to the proceedings in said civil action as will best
preserve and protect the interests of all parties and to enable him to enter a final judgment
with the least possible delay. The final judgment shall find the facts specially and shall
state separately the judge's conclusions with regard to any and all legal issues raised with
regard to any of the provisions of this article and proposed purchase and sale of distribution
facilities and other transactions and restrictions under this article, together with other
matters raised in the complaint, and shall state the judge's conclusions of law thereon. Any
citizen of the state may appear in such proceedings, either...
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38-9-6
arrangement where appropriate. (e) Any record of the department or other agency pertaining
to such a person shall not be open for public inspection. Information in a record shall not
be disclosed publicly in such a manner as to identify individuals, but may be made available
on application for cause to persons approved by the commissioner of the department or by the
court. (f) Placement may be made in an appropriate alternative living arrangement such as
a licensed nursing home, licensed personal care facility, or approved foster care home.
No person shall be committed to a mental health facility under this chapter. A court may enter
orders granting the department additional time to locate an appropriate licensed facility
in which to place a person living in an unlicensed facility. (g) If the person is eligible
for the adult services program of the department, usual department policies shall be followed
in regard to fees or payments, or both. If the person's income or resources, or...
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43-8-73
Section 43-8-73 Procedure for making election; petition; time limit; notice and hearing; withdrawal
of demand; order of court; enforcement of order. (a) The surviving spouse may elect to take
his elective share by filing with the court and mailing or delivering to the personal
representative, if any, a petition for the elective share within six months after the date
of death, or within six months after the probate of the decedent's will, whichever limitation
last expires. The court may extend the time for election for cause shown by the surviving
spouse before the time for election has expired. (b) The surviving spouse shall give notice
of the time and place set for hearing to persons interested in the estate whose interests
will be adversely affected by the taking of the elective share. (c) The surviving spouse may
withdraw his demand for an elective share at any time before entry of a final determination
by the court. (d) After notice and hearing, the court shall determine the amount...
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6-6-753
Section 6-6-753 Hearing and determination; contents of judgment. At the time and place designated
in said order, the judge of said circuit court shall proceed to hear and determine all questions
of law and of fact in said case, and he shall make such orders as to the proceedings in said
case and adjournments as will best conserve the interests of all parties and enable him to
enter a judgment with the least possible delay. The judgment shall find the facts specially
and shall state separately the judge's conclusions of law thereon. Any taxpayer or citizen
of the unit may appear in such proceedings either personally or by attorney. (Acts 1935, No.
196, p. 582; Code 1940, T. 7, §172.)...
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