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22-52-15
Section 22-52-15 Appeals. An appeal from an order of the probate court granting a petition
seeking to commit a respondent to the custody of the department or designated mental health
facility as the court may order lies to the circuit court for trial de novo unless the probate
judge who granted the petition was learned in the law, in which case the appeal lies to the
Alabama Court of Civil Appeals on the record. Notice of appeal shall be given in writing to
the probate judge within five days after the respondent has received actual notice of the
granting of the petition and shall be accompanied by security for costs, to be approved by
the probate judge, unless the probate judge finds that the respondent is indigent, in which
case no security for costs shall be required. Upon the filing of a notice of appeal, the probate
judge shall determine and enter an order setting forth the limitations to be placed upon the
liberty of the respondent pending the appeal. Upon the filing of a notice...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-15.htm - 1K - Match Info - Similar pages
22-11A-36
Section 22-11A-36 Appeal of commitment order; notice of appeal; limitations to be placed upon
liberty of person pending appeal. An appeal from an order of the probate court granting a
petition seeking to commit a person to the custody of the Alabama Department of Public Health
or such other facility as the court may order lies to the circuit court for trial de novo
unless the probate judge who granted the petition was learned in the law, in which case the
appeal lies to the Alabama Court of Civil Appeals on the record. Notice of appeal shall be
given in writing to the probate judge within five days after the respondent has received actual
notice of the granting of the petition and shall be accompanied by security for costs, to
be approved by the probate judge, unless the probate judge finds that the person sought to
be committed is indigent, in which case no security shall be required. Upon the filing of
a notice of appeal, the probate judge shall determine and enter an order setting...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-11A-36.htm - 2K - Match Info - Similar pages
41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-22-20.htm - 11K - Match Info - Similar pages
22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court; special
judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order may be
filed by the director of a state mental health facility or his designee at least 30 days prior
to the expiration of the current commitment order. The petition, together with a copy of the
original commitment order and copies of any subsequent renewal commitment orders, shall be
filed with the probate court of the county where the facility is located. The petition shall
explain in detail why renewal of the order is being requested, and shall further explain in
detail why less restrictive conditions of treatment are not appropriate. (b) Such probate
court may consider, hear, and enter appropriate orders pursuant to this section or may request
that the case be heard by a special judge of probate. (c) Whenever and wherever it shall become
necessary that a special judge of probate be provided to hear and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.6.htm - 4K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-9.htm - 2K - Match Info - Similar pages
22-52-10.10
Section 22-52-10.10 Renewal of outpatient commitment order. (a) A petition for renewal of an
outpatient commitment order may be filed by the director of a designated mental health facility
or his or her designee at least 30 days prior to the expiration of the current commitment
order. The petition, together with a copy of the original commitment order and copies of any
subsequent renewal commitment orders, shall be filed with the probate court of the county
where the commitment was originally ordered. The petition shall explain in detail why renewal
of the order is being requested and shall include testimony affirming the facility's belief
that the respondent meets the requirements for renewal pursuant to Section 22-52-10.2. (b)
The judge of probate shall conduct a hearing, within 30 days after the date of petition, to
consider the petition for renewal of the commitment order. (c) Adequate written notice shall
be provided to the respondent prior to the hearing. (d) The hearing shall be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.10.htm - 1K - Match Info - Similar pages
22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum standards
for civil commitment; appeals from orders of probate courts as to commitment. (a) Any civil
commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-37.htm - 5K - Match Info - Similar pages
25-9-321
Section 25-9-321 Survey of mine upon petition of adjacent landowner. Whenever the owner, operator,
or lessee of any land adjacent to other land on which any coal mine is being worked shall
have reason to believe that such mine is being so worked as to encroach upon his land and
has been refused by the owner, operator, or manager of the mine permission at reasonable times
to enter said mine with a competent engineer for the purpose of inspecting and surveying such
mine, he may make appeal under oath to the probate court of the county in which the mine is
situated, setting out the facts and praying for an order that such mine shall be surveyed.
Upon the hearing, after such notice to the owner, operator, or lessee of the mine as the court
may prescribe, the court may make an order requiring the department to employ a competent
engineer to make a survey of such mine and file such survey in the office of the judge of
probate and such survey when filed shall be received in any court as prima...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-9-321.htm - 1K - Match Info - Similar pages
24-8-13
Section 24-8-13 Recommendation for hearing by investigator; order for hearing; parties' right
to take civil action; amendment of complaint; subpoenas; refusal to allow discovery; hearing;
panel opinion and order; review. (a) If not sooner resolved, the investigator, upon completion
of his investigation, shall submit to ADECA a statement of the facts disclosed by his investigation
and recommend either that the complaint be dismissed or that a panel of office members be
designated to hear the complaint. ADECA, after review of the case file and the statement and
recommendation of the investigator, shall issue an order either of dismissal or for a hearing,
which is not subject to judicial or other further review. (b) If the order is for dismissal,
ADECA shall mail a copy of the order to the complainant and the respondent at their last known
addresses. The complainant may bring an action against the respondent in circuit court within
90 days of the date of the dismissal or within one year...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/24-8-13.htm - 7K - Match Info - Similar pages
35-4-322
Section 35-4-322 Application to compel conveyance - Contents; notice generally; decree; appeals.
Such application must be by petition, setting out the contract or agreement, the lands to
be conveyed and stating the names of the heirs and personal representatives of the contracting
party, which of them are of full age and which are minors; and the judge of probate must give
notice of such petition by 20 days' written notice to the personal representative and resident
heirs of the contracting party, to be served by any sheriff and, if any one or more are nonresidents,
by publication in some newspaper published in his county and in the county in which the lands
lie; or, if none is published therein, the paper published in the place nearest to the county
site of such county, once a week for three successive weeks; and if, on the hearing of such
application, it appears that such agreement or contract was fairly made and the consideration
or conditions of the same paid or performed, such...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/35-4-322.htm - 1K - Match Info - Similar pages
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