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9-9-26
Section 9-9-26 Transmittal of certified copy of water management plan to probate court; petition
for appointment of viewers; composition, etc., of board of viewers; qualifications and appointment
of members. Within 90 days after the adoption of the plan of water management, the secretary
of the board of water management commissioners shall prepare and transmit a certified copy
thereof to the court of probate of the county in which the district is organized, and at the
same time the board of water management commissioners shall file with said court of probate
a petition to appoint viewers to appraise the lands within and without said district to be
acquired for rights-of-way on the works of improvement of the district and to assess benefits
and damages according to all lands in the district and other property by reason of the execution
of the plan of water management. Within 30 days after the filing of such petition, the court
of probate shall by an order appoint a board of viewers...
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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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-6.htm - 1K - Match Info - Similar pages
30-3C-8
Section 30-3C-8 Emergency measures to prevent abduction. (a) In response to a petition filed
under this chapter, before a hearing on the matter, the court may enter an ex parte order
for emergency measures to prevent abduction, including an ex parte warrant to take physical
custody of the child, or an order for any other emergency relief as necessary to prevent abduction
of a child, including imposing travel restrictions with the child, on the petitioner or the
respondent or on both the petitioner and the respondent. (b) An ex parte order for relief
under this chapter shall include: (1) the basis for the court's exercise of jurisdiction;
(2) the manner in which notice and opportunity to be heard were given to the persons entitled
to notice of the proceeding, including a finding by the court of compliance with Rule 65 of
the Alabama Rules of Civil Procedure, if applicable; (3) a detailed description of each party's
custody and visitation rights and residential arrangements for the child...
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12-26-6
Section 12-26-6 Petition for order of limited relief - Exceptions. (a) An individual may not
file a petition to obtain an order of limited relief in any of the following circumstances:
(1) If the petitioner is serving a custodial sentence with more than six months remaining.
(2) If the petitioner is currently charged with a felony. (3) If the petitioner is currently
charged with a Class A misdemeanor that is alleged to have occurred within the past 12 months.
(b) An individual may not file a petition to obtain an order of limited relief if a separate
petition covering the same conviction or convictions has been filed in another circuit. (c)
A court's rejection of a petition to obtain an order of limited relief on its merits shall
be preclusive as to the related convictions for a period of two years, unless otherwise ordered
at the court's discretion. (Act 2019-464, §6.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-26-6.htm - 1K - Match Info - Similar pages
25-5-91
Section 25-5-91 Forwarding of copy of judgment, etc., to probate court; creation of judgment
lien. Whenever any decision or order is made and filed by the court upon any matter arising
under this article, the clerk of the court shall forthwith make and forward to the judge of
probate of the county in which the complaint was filed a certified copy of such decision or
order with any memorandum of the judge and of any judgment entered. No fee or other charge
shall be collected therefor. The plaintiff or owner of any judgment so certified may have
the same registered by the probate judge upon the payment of the fee fixed by law for registering
judgments, and the same shall become a lien in like manner as other registered judgments,
unless the same is made a preferred lien by other provisions of some law. (Acts 1919, No.
245, p. 206; Code 1923, §7580; Code 1940, T. 26, §306.)...
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26-10A-31
Section 26-10A-31 Confidentiality of records, hearing; parties. (a) After the petition is filed
and prior to the entry of the final decree, the records in adoption proceedings shall be open
to inspection only by the petitioner or his or her attorney, the investigator appointed under
Section 26-10A-19, any attorney appointed for the adoptee under Section 26-10A-22, and any
attorney retained by or appointed to represent the adoptee. Such records shall be open to
other persons only upon order of court for good cause shown. (b) All hearings in adoption
proceedings shall be confidential and shall be held in closed court without admittance of
any person other than interested parties and their counsel, except with leave of court. (c)
After the final decree of adoption has been entered, all papers, pleadings, and other documents
pertaining to the adoption shall be sealed, kept as a permanent record of the court, and withheld
from inspection except as otherwise provided in this section and in...
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35-6-44
Section 35-6-44 Proceedings against unknown persons and certain other parties defendant. When
it is necessary to make any persons defendant to a petition in the probate court filed for
the partition of property or for a sale thereof because it cannot be equitably divided, and
the names of all or any of such persons are unknown to the petitioner and cannot be ascertained
on diligent inquiry, if the petitioner shall state in a petition, or in an affidavit thereto
annexed, that the names of such persons are unknown, and that he has made diligent inquiry
to ascertain the same, proceedings may be had against them without naming them; and the judge
of probate must make publication as in case of nonresident defendants, describing such unknown
parties as near as may be by the character in which they are sued, and with reference to their
title or interest in the property sought to be partitioned or to be sold for division of the
proceeds. Should petitioner, after exercising reasonable diligence...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-6-44.htm - 2K - Match Info - Similar pages
43-2-697.01
administrator; fees. (a) The Medicaid Agency may petition to open the probate estate of a Medicaid
recipient by filing a petition to appoint a third party administrator and issue letters of
administration, pursuant to the timing limitations of Section 43-2-43. (b) The petition shall
contain all of the following information: (1) The date the recipient died. (2) An explanation
of why the petition is filed in the proper court in accordance with Section 43-2-40. (3) A
listing of the recipient's personal and real property of which the Medicaid Agency
is aware. (4) A listing of the recipient's debts of which the agency is aware. (5) A listing
of the recipient's possible heirs, including contact information, if known, of which the agency
is aware. (c) If the Medicaid Agency is not aware of information listed in subsection (b),
the agency shall describe each piece of information that it lacks. (d) If the petition contains
the information required in subsection (b), or statements in accordance...
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12-11-41.1
Section 12-11-41.1 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 of any estate
may be removed from the probate court to the circuit court pursuant to Section 12-11-41 at
any time before a proceeding for final settlement thereof is commenced in probate court by
any heir, devisee, legatee, distributee, executor, administrator, or administrator with the
will annexed of the estate, without assigning any special equity. The circuit court shall
remand the administration of an estate 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
an estate pursuant to this section to the probate court if the circuit court finds that any
of the following apply: (1) The circuit court has issued a final order or...
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12-11-41
Section 12-11-41 Removal of administration of estates from probate court. The administration
of any estate may be removed from the probate court to the circuit court at any time before
a final settlement thereof, by any heir, devisee, legatee, distributee, executor, administrator
or administrator with the will annexed of any such estate, without assigning any special equity;
and an order of removal must be made by the court, upon the filing of a sworn petition by
any such heir, devisee, legatee, distributee, executor, administrator or administrator with
the will annexed of any such estate, reciting that the petitioner is such heir, devisee, legatee,
distributee, executor, administrator or administrator with the will annexed and that, in the
opinion of the petitioner, such estate can be better administered in the circuit court than
in the probate court. (Acts 1915, No. 680, p. 738; Code 1923, §6478; Code 1940, T. 13, §139.)...
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