26-10A-22
Section 26-10A-22 Attorney participation and appointment of attorney for the adoptee
or other party. (a) In making adoption arrangements, potential adopting parents and birth
parents may obtain counsel to provide legal advice and assistance. (b) Upon the motion of
any party, or upon the court's own motion, before or after the filing of petition for adoption
the court may appoint a guardian ad litem for the adoptee, or for any incompetent or minor
who is a party to the proceeding or who would be a party to the proceeding. In the event of
a contested adoption, a guardian ad litem shall be appointed. The fees of a guardian ad litem
shall be assessed as court costs. (Acts 1990, No. 90-554, p. 912, §22.)...
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26-10A-25
Section 26-10A-25 Final decree; dispositional hearing. (a) When the pre-placement investigation
has been completed and approved or the investigation has been waived for good cause shown,
the petition for adoption shall be set for a dispositional hearing as soon as possible or
no later than 90 days after the filing of the petition. When there has not been a pre-placement
investigation or the investigation has not been waived for good cause shown or when the adoptee
is a special needs child, the petition for adoption shall be set for a dispositional hearing
as soon as possible or no later than 120 days after the filing of the petition. Upon good
cause shown, the court may extend the time for the dispositional hearing and entry of the
final decree. (b) At the dispositional hearing, the court shall grant a final decree of adoption
if it finds on clear and convincing evidence that: (1) The adoptee has been in the actual
physical custody of the petitioners for a period of 60 days, unless for...
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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a
hearing on a delinquency petition on its merits and after notifying, verbally or in writing,
the juvenile probation officer, may file a motion requesting the juvenile court judge to transfer
a child for criminal prosecution to the circuit or district court, if the child was 14 or
more years of age at the time of the conduct charged and is alleged to have committed an act
which would constitute a criminal offense as defined by this code if committed by an adult.
(b) The juvenile court judge shall conduct a hearing on all motions for the purpose of determining
whether it is in the best interests of the child or the public to grant the motion. Only if
there are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
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17-16-46
Section 17-16-46 Procedure for examination of ballots, voting machines, etc.; bond.
In all election contests involving elections other than party primaries or runoffs: (1) The
examining person or candidate seeking to examine the ballots, electronic voting machines,
or electronic voting machine computations or printouts must move, within 10 days of the filing
of the contest, the court before whom the election contest is pending for an examination.
The court shall set a hearing on the motion for examination which must take place within 10
days after service of the motion on the parties and candidates involved in the election contest.
The hearing shall be held to determine the procedures to be used for the examination and the
court shall, within five days after the hearing, set forth the procedures for the examination.
Absent a subsequent court order extending the time for reasonable cause shown, the examination
must be finished within 15 days of the court order which sets forth the...
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26-10A-7
Section 26-10A-7 Persons whose consents or relinquishment are required. (a) Consent
to the petitioner's adoption or relinquishment for adoption to the Department of Human Resources
or a licensed child placing agency shall be required of the following: (1) The adoptee, if
14 years of age or older, except where the court finds that the adoptee does not have the
mental capacity to give consent; (2) The adoptee's mother; (3) The adoptee's presumed father,
regardless of paternity, if: a. He and the adoptee's mother are or have been married to each
other and the adoptee was born during the marriage, or within 300 days after the marriage
was terminated by death, annulment, declaration of invalidity, or divorce, or after a decree
of separation was entered by a court; or b. Before the adoptee's birth, he and the adoptee's
mother have attempted to marry each other by a marriage solemnized in apparent compliance
with law, although the attempted marriage is or could be declared invalid, and, 1. If...
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13A-5-46
Section 13A-5-46 Sentence hearing - Conducted before jury unless waived; trial jury
to sit unless impossible or impracticable; separation of jury; instructions to jury; advisory
verdicts; vote required; mistrial; waiver of right to advisory verdict. (a) Unless both parties
with the consent of the court waive the right to have the sentence hearing conducted before
a jury as provided in Section 13A-5-44(c), it shall be conducted before a jury which
shall return a verdict as provided by subsection (e) of this section. If both parties
with the consent of the court waive the right to have the hearing conducted before a jury,
the trial judge shall proceed to determine sentence without a verdict from a jury. Otherwise,
the hearing shall be conducted before a jury as provided in the remaining subsections of this
section. (b) If the defendant was tried and convicted by a jury, the sentence hearing
shall be conducted before that same jury unless it is impossible or impracticable to do so.
If it...
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12-15-310
Section 12-15-310 Conduct of adjudicatory hearings. (a) An adjudicatory hearing is a
hearing at which evidence is presented for a juvenile court to determine if a child is dependent.
At the commencement of the hearing, if the parties are not represented by counsel, they shall
be informed of the specific allegations in the petition. The parties shall be permitted to
admit or deny the allegations prior to the taking of testimony. (b) If the allegations are
denied by the parties or if they fail to respond, the juvenile court shall proceed to hear
evidence on the petition. The juvenile court shall record its findings on whether the child
is dependent. If the juvenile court finds that the allegations in the petition have not been
proven by clear and convincing evidence, the juvenile court shall dismiss the petition. (c)
A statement made by a child under the age of 12 describing any act of child abuse committed
against the child, if it is not otherwise admissible by statute or court rule, is...
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12-15-311
Section 12-15-311 Dispositional hearing. (a) If the juvenile court finds from clear
and convincing evidence, competent, material, and relevant in nature, that a child is dependent,
the juvenile court may proceed immediately, in the absence of objection showing good cause
or at a postponed hearing, to make proper disposition of the case. (b) In dispositional hearings,
all relevant and material evidence helpful in determining the best interests of the child,
including verbal and written reports, may be received by the juvenile court even though not
admissible in the adjudicatory hearing. The parties or their counsel shall be afforded an
opportunity to examine and controvert written reports so received and to cross-examine individuals
making reports. (c) On its own motion or that of a party, the juvenile court may continue
the dispositional hearing pursuant to this section for a reasonable period to receive
reports and other evidence bearing on the disposition or need for care or...
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11-70-7
Section 11-70-7 Proof of notice; objections. Prior to the circuit court hearing on the
expedited quiet title and foreclosure action, the municipality shall file with the clerk of
the circuit court proof of notice to the interested parties by certified and regular mail
and of the posting on the property under subdivision (2) of Subsection (a) of Section
11-70-5, along with proof of notice by publication under Section 11-70-6, if applicable.
An interested party who desires to contest the petition shall file written objections with
the clerk of the circuit court and serve those objections on the municipality at least two
weeks prior to the date of the hearing. If the court denies the petition, the denial shall
not preclude the municipality from filing another petition for expedited quiet title and foreclosure
on that parcel. No injunction shall issue to stay an expedited quiet title and foreclosure
action under this chapter. (Act 2010-396, p. 644, §7.)...
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11-70A-7
Section 11-70A-7 Proof of notice; objections. Prior to the circuit court hearing on
the expedited quiet title and foreclosure action, the municipality shall file with the clerk
of the circuit court proof of notice to the interested parties by certified and regular mail
and of the posting on the property under subdivision (2) of subsection (a) of Section
11-70A-5, along with proof of notice by publication under Section 11-70A-6, if applicable.
An interested party who desires to contest the petition shall file written objections with
the clerk of the circuit court and serve those objections on the municipality at least two
weeks prior to the date of the hearing. If the court denies the petition, the denial shall
not preclude the municipality from filing another petition for expedited quiet title and foreclosure
on that parcel. No injunction shall issue to stay an expedited quiet title and foreclosure
action under this section. (Act 2012-517, p. 1533, §7.)...
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