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
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 be set down for an immediate hearing. If the other party to the marriage is a nonresident
or has absented himself or herself from the state for six months or longer and his or her
address is known, then service may be made by sending a copy of the petition by registered
or certified mail, with return receipt requested, to the address of the other...
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26-11-2
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) Upon the filing
of the declaration of legitimation, notice shall be given to the child's mother and to the
child as provided by the Alabama Rules of Civil Procedure....
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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
dues. Each benevolent request application shall be reviewed on an annual basis by the board
of trustees. (m) The district formed under this section shall constitute a nonprofit public
corporation, which shall have the power to do any and all acts or things necessary and convenient
for carrying out the purposes for which it is created, including, but not limited to, the
following: (1) To have a seal and alter the seal at pleasure. (2) To acquire, hold, and dispose
of property, real and personal, tangible and intangible, or interest therein and pay
therefor in cash or on credit, and to secure and procure payment for all or any part of the
purchase price thereof on such terms and conditions as the board shall determine. (3) To negotiate
and enter into contract with residents, businesses, or churches in areas outside the district,
including areas outside the county, or with other districts to furnish fire or emergency medical
services, or both, and to charge fees for the service. (4)...
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