12-15-403
Section 12-15-403 Review of the petition by the juvenile court. (a) When at the time a petition
is filed, a juvenile court shall immediately review the petition and may require the petitioner
to be sworn and answer under oath questions in regard to the petition and the minor or child
sought to be committed. (b) If it appears from the face of the petition or from the testimony
of the petitioner that the petition is totally without merit, the juvenile court shall order
the petition dismissed without further proceedings. (Act 2008-277, p. 441, §23.)...
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12-22-198
Section 12-22-198 Appeals from denial of petition or where parts of record ordered transcribed
deemed inadequate. (a) Any defendant or petitioner who has filed a petition under the provisions
of this division and which petition is denied by the trial court, or if parts of the record
ordered to be transcribed are deemed to be inadequate by defendant or petitioner, said defendant
or petitioner may, within 10 days from the order of the trial court, file a notice of appeal
with the clerk of the trial court from the order denying the petition or from the order deemed
inadequate in specifying the parts of the transcript of the evidence to be forwarded to the
appellate court on appeal, and such notice of appeal shall specify with particularity wherein
the defendant or petitioner considers himself aggrieved by the order of the trial court, whereupon
the trial judge shall cause to be certified and transmitted, to the Court of Criminal Appeals
in cases wherein the punishment is 20 years or less...
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18-1A-292
Section 18-1A-292 Distribution of award - Proceedings when claims not filed and court doubtful
as to proper distribution; assertion of adverse claim or title involving determination of
title to land. The probate court may, in the event no such claims are filed by any of such
parties and where the probate court is doubtful as to a proper division, require the parties
in interest to propound their claims and to hear evidence upon the same in order that the
probate court may determine to what part or proportion of said award each of said parties
may be rightly entitled. No division or partition for distribution shall be made by the probate
court under this section when any adverse claim or title is asserted by any one of the interested
parties, which involves the determination of the title to land, and the procedure for partition
or distribution under this section shall follow as near as may be the manner provided for
the partition of property in chapter 6 of Title 35; except, that no...
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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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26-2-3
Section 26-2-3 Transfer to circuit court; remand to probate court. (a) In any county where
the judge of probate is required to be learned in the law, the administration or conduct of
any guardianship or conservatorship of a minor or incapacitated person may be removed from
the probate court to the circuit court pursuant to Section 26-2-2 at any time before a proceeding
for final settlement thereof is commenced in probate court by the guardian or conservator
of the guardianship or conservatorship or guardian ad litem or next friend of a ward or anyone
entitled to support out of the estate of the ward without assigning any special equity. The
circuit court shall remand the administration of a guardianship or conservatorship transferred
pursuant to this section to the probate court if the circuit court finds that the removal
was sought for the purpose of improper delay or did not comply with applicable law. The circuit
court may remand the administration of a guardianship or...
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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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43-2-812
Section 43-2-812 Judgment certified to probate court; execution for costs. If such judgment
is for the plaintiff, and it is shown to the court that such estate has been declared insolvent,
an order must be made to the effect that no execution issue on such judgment, but that the
same be certified to the proper probate court. Upon a certified copy of such judgment being
filed as a claim against the estate, it must be allowed with the costs against such estate,
unless shown to have been obtained by collusion; and when such judgment is certified, the
clerk may demand of the plaintiff payment of all costs incurred in obtaining the same. If
the plaintiff fails for 20 days after the judgment is so certified to pay such costs, execution
may issue against him for the same as in other cases. (Code 1852, §1860; Code 1867, §2209;
Code 1876, §2581; Code 1886, §2251; Code 1896, §319; Code 1907, §2795; Code 1923, §6034;
Code 1940, T. 61, §421.)...
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45-37-140.03
Section 45-37-140.03 Petition for election. (a) Upon any petition provided for in this section
being filed in the office of the judge of probate of the county, he or she shall order an
election to be held in the proposed district on the question, or questions, on which the petition
requests an election. (b) The petition shall be signed by at least 100 qualified electors
residing within the boundaries of the proposed district. (c) The petition shall contain a
description of the area which is proposed to be established as a district under this article
and shall request the judge of product to call an election on one or more of the following
questions: (1) Shall there be created for the area a district for fighting fires? (2) Shall
there be created for the area a district for garbage disposal? (3) Shall there be created
for the area a district for fighting fires and (d) The petition shall state the name of the
proposed district. The board of trustees of a district may change the name of...
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15-20A-23
Section 15-20A-23 Adult sex offender - Relief from residency restriction. (a) A sex offender
required to register under this chapter may petition the court for relief from the residency
restriction pursuant to subsection (a) of Section 15-20A-11 during the time a sex offender
is terminally ill or permanently immobile, or the sex offender has a debilitating medical
condition requiring substantial care or supervision or requires placement in a residential
health care facility. (b) A petition for relief pursuant to this section shall be filed in
the civil division of the circuit court of the county in which the sex offender seeks relief
from the residency restriction. (c) The sex offender shall serve a copy of the petition by
certified mail on all of the following: (1) The prosecuting attorney in the county of adjudication
or conviction, if the sex offender was adjudicated or convicted in this state. (2) The prosecuting
attorney of the county where the sex offender seeks relief from the...
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15-27-17
Section 15-27-17 Filing under false pretenses. Upon determination by the court that a petition
for expungement was filed under false pretenses and was granted, the order of expungement
shall be reversed and the criminal history record shall be restored to reflect the original
charges. (Act 2014-292, p. 1043, §17.)...
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