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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22-11A-32
Section 22-11A-32 Commitment petition - Findings; rehearing; confinement when no treatment
available. (a) If, at the final hearing, upon 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, the probate judge, on the basis of clear and convincing evidence, shall find: (1) That
the person sought to be committed has been exposed or is afflicted with one of the diseases
designated in this article; (2) That the person has refused testing or voluntary treatment;
(3) That, as a consequence of the disease, the person is dangerous to himself and the health
of the community; (4) That the person conducts himself so as to expose others to the disease;
(5) That treatment is available for the person's illness if confined or that confinement is
necessary to prevent further spread of the disease; and (6) That commitment is the least restrictive
alternative necessary and available for the treatment of the person's...
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22-52-8
Section 22-52-8 Holding of probable cause and final hearings generally. (a) When any
respondent sought to be committed has any limitation imposed upon his liberty or any temporary
treatment imposed upon him by the probate judge pending final hearings on such petition, the
probate judge, at the time such limitation or treatment is imposed, shall set a probable cause
hearing within seven days of the date of such imposition. If, at such probable cause hearing,
the probate judge finds that probable cause exists that the respondent should be detained
temporarily and finds that temporary treatment would be in the best interest of the respondent,
the probate judge shall enter an order so stating and setting the date, time and place of
a final hearing on the merits of such petition. (b) The final hearing shall be held within
30 days of the date that the respondent was served with a copy of the petition seeking to
commit the respondent. (c) If temporary treatment or admittance to a hospital is...
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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...
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11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After
a municipal code lien has been recorded with the office of the probate judge of the county
in which the real property lies, the Class 2 municipality may identify those properties on
which to commence a judicial in rem foreclosure in accordance with this article, except that
those properties the Class 2 municipality identifies as owner occupied shall not be subject
to judicial in rem foreclosure under this article. The Class 2 municipality shall not file
a petition for judicial in rem foreclosure in accordance with this article for a period of
six months following the date upon which the municipal code lien is recorded in the office
of the probate judge. A petition for judicial in rem foreclosure may include any other municipal
code lien that has been filed prior to the date the petition is filed. After enforcement proceedings
have commenced in accordance with this article, the enforcement proceedings...
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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...
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30-1-17
Section 30-1-17 Correction of marriage records. (a) When the records pertaining to a
marriage are incomplete or inaccurate, the judge of probate of a county in which the marriage
license was issued shall correct or perfect the same upon proper petition being filed by either
party to the marriage, or someone delegated or authorized by him or her, in his or her name
and behalf, giving the names and residences of the parties to the marriage, if known, and
if the residence is not known, an affidavit by petitioner or petitioner's attorney that the
residence is not known and that diligent effort has been made to ascertain the same, together
with a clear statement setting up wherein the record of the marriage should be corrected or
perfected. Notice of the time and place set for hearing the application shall be given for
at least six days by personal service thereof, if the other party resides in the State of
Alabama, unless both parties join in the petition, and in such case the petition may...
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26-11-2
Section 26-11-2 Procedure for legitimation by written declaration of father generally;
notification of mother; filing of response; appointment of guardian ad litem; hearing; issuance
of order by court; certification of minutes of court to Office of Vital Statistics. (a) A
father of a bastard child may seek to legitimate it and render it capable of inheriting his
estate by filing a notice of declaration of legitimation in writing attested by two witnesses,
setting forth the name of the child proposed to be legitimated, its sex, supposed age, and
the name of mother and that he thereby recognizes it as his child and capable of inheriting
his estate, real and personal, as if born in wedlock. The declaration, being acknowledged
by the maker before the judge of probate of the county of the father's residence or the child's
residence or its execution proved by the attesting witnesses, shall be filed in the office
of the judge of probate of the father's residence or the child's residence. (b)...
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45-37-121.19
Section 45-37-121.19 Dismissals, demotions, suspensions, and appeals. (a) An appointing
authority may dismiss or demote an employee holding permanent status for just cause whenever
he or she considers the good of the service will be served thereby, for reason stated in writing,
served on the affected employee, and a copy furnished to the director, which action shall
become a public record. The dismissed or demoted employee may within 10 days after notice,
appeal from the action of the appointing authority by filing with the board and the appointing
authority a written answer to the charges. The board shall order a public hearing of such
charges. The hearing shall be before a panel of three attorneys randomly selected by the presiding
Judge of Probate of Jefferson County from a list of attorneys who are licensed to practice
law in this state and who are otherwise qualified in the opinion of the judge of probate to
hear the appeal. The panel shall hear testimony offered in support and...
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45-5-141.20
Section 45-5-141.20 Powers and duties; annual dues; board of trustees; referendum election.
(a) This section shall apply only in Blount County. (b) A district for the delivery
of fire and emergency medical services may be formed in any unincorporated area of the county
pursuant to this section subject to the approval of a majority of the qualified electors
who vote at a referendum election for that purpose in the proposed district and for the approval
of the mandatory annual dues of the district. (c) In order to call for a referendum election
for the formation of a district, a petition signed by not less than 20 percent of the registered
voters who reside in the proposed district shall be presented to the county commission and
the Judge of Probate of Blount County. The petition shall contain an accurate legal description
of the proposed area and shall state the name of the proposed district. The petition for the
establishment of a district shall be accompanied by a request for the...
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