12-11A-4
Section 12-11A-4 Trial without jury; powers of private judge; immunity; procedures. (a) A trial
conducted by a private judge shall be conducted without a jury. (b) A person who serves as
a private judge has, for each case the private judge hears, the same powers as the judge of
a circuit court in relation to the following: (1) Court procedure. (2) Deciding the outcome
of the case. (3) Attendance of witnesses. (4) Punishment of contempt. (5) Enforcement of orders.
(6) Administering oaths. (7) Giving all necessary certificates for the authentication of the
records and proceedings. (c) A person appointed as a private judge pursuant to the terms of
this chapter shall have immunity in the same manner and to the same extent as a judge in the
State of Alabama. (d) All proceedings in an action heard by a private judge are of record
and must be: (1) Filed with the clerk of the circuit court in the county of proper venue under
the Alabama Rules of Civil Procedure. (2) Made available to the...
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45-49-85.60
be conferred without the necessity of the same being invoked in any estate proceeding and may
be exercised at the discretion of the court. (b)(1) That the judges of the probate courts
shall have the same powers and authority which judges of the circuit courts of this state
have in connection with the administration of estates in the circuit courts, including, but
not limited to, the authority to (i) grant private sales of property, (ii) determine title
and/or ownership of assets, real, personal, or mixed, (iii) authorize, order, and direct
paternity testing where there is a question concerning a parent-child relationship, and (iv)
determine heirship. (2) That the chief clerks of the probate courts, appointed pursuant to
statute, shall have the same powers and authority and may do all acts and things and perform
all other duties ministerial and judicial, where there is no contest, that the probate judges
may do and perform under this section. (c) That all laws of pleading and...
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41-22-12
of notice; power of presiding officer to issue subpoenas, discovery and protective orders;
procedure upon failure of notified party to appear; presentation of evidence and argument;
right to counsel; disposition by stipulation, settlement, etc.; contents of record; public
attendance at oral proceedings; recordings and transcripts of oral proceedings. (a) In a contested
case, all parties shall be afforded an opportunity for hearing after reasonable notice in
writing delivered either by personal service as in civil actions or by certified mail,
return receipt requested. However, an agency may provide by rule for the delivery of such
notice by other means, including, where permitted by existing statute, delivery by first class
mail, postage prepaid, to be effective upon the deposit of the notice in the mail. Delivery
of the notice referred to in this subsection shall constitute commencement of the contested
case proceeding. (b) The notice shall include: (1) A statement of the time,...
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43-8-1
the parent whose relationship is involved and excludes any person who is only a stepchild,
a foster child, a grandchild or any more remote descendant. (3) COURT. The court having jurisdiction
in matters relating to the affairs of decedents. This court in Alabama is known as the probate
court. (4) DAYS. That period of time as computed in accordance with section 1-1-4 and Rule
6(a), Alabama Rules of Civil Procedure. (5) DEVISE. When used as a noun, means a testamentary
disposition of real or personal property and when used as a verb, means to dispose
of real or personal property by will. (6) DEVISEE. Any person designated in a will
to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee
or trust described by will, the trust or trustee is the devisee and the beneficiaries are
not devisees. (7) DISTRIBUTEE. Any person who has received property of a decedent from his
personal representative other than as creditor or purchaser. A testamentary trustee
is...
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16-27A-7
Section 16-27A-7 Contesting a notice of violation; adjudication. (a) No person shall be responsible
for payment of a civil fine for a notice of violation issued under this chapter if the operator
of the vehicle that is the subject of the notice of violation is adjudicated to have not committed
a violation or there is otherwise a lawful determination that no civil penalty may be imposed.
Any person receiving a notice of violation pursuant to this chapter, in accordance with the
procedure set out in this chapter and on the notice of violation, may contest the notice of
violation by obtaining a hearing in the court. (b) District and municipal courts of this state
are vested with the power and jurisdiction to adjudicate a notice of violation issued pursuant
to this chapter as a civil offense whenever the offense is alleged to have occurred within
the geographic jurisdiction of the court. (c) The following procedures shall apply to proceedings
to contest a notice of violation issued...
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45-49-101.07
Section 45-49-101.07 Contesting notice of violation; procedures. (a) No person shall be responsible
for payment of a civil fine for a notice of violation issued under this part if the operator
of the vehicle that is the subject of the notice of violation is adjudicated to have not committed
a violation or there is otherwise a lawful determination that no civil penalty may be imposed.
Any person receiving a notice of violation pursuant to this part, in accordance with the procedure
set out in this part and on the notice of violation, may contest the notice of violation by
obtaining a hearing in the court. (b) District and municipal courts of Mobile County are hereby
vested with the power and jurisdiction to adjudicate a notice of violation issued pursuant
to this part as a civil offense whenever the offense is alleged to have occurred within the
geographic jurisdiction of the court. (c) The following procedures shall apply to proceedings
to contest a notice of violation issued pursuant...
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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...
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34-22-8
Alabama, or the county in which the accused resides for the hearing of the charge or charges
shall be fixed by the board as soon as convenient. A copy of the charge or charges, together
with a written notice of the time and place of the hearing, and a copy of the rules of procedure
adopted by the board for the hearing shall be served on the accused at least 20 days before
the date fixed for the hearing, by leaving a copy thereof at his or her last and usual place
of residence, by personal service upon the accused, or by forwarding a copy to the
accused via United States registered mail, with a return receipt requested, addressed to him
or her at his or her last known mailing address, if a resident of the State of Alabama. If
the accused is not a resident of Alabama or has departed from the State of Alabama, then notice
of the time and place of the hearing shall be published in a newspaper of general circulation
in the county where the accused is last known to have resided,...
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13A-12-200.8
Section 13A-12-200.8 Property subject to forfeiture for violation of this division; procedures;
hearing; forfeiture action; action for money judgment. (a) The following property is subject
to forfeiture: (1) All obscene material and material which is harmful to minors used, intended
to be used or obtained in violation of the provisions of this division; (2) All moneys, negotiable
instruments, and funds used, intended to be used, or obtained in any violation of the provisions
of this division; (3) All proceeds or receipts derived from property which is subject to forfeiture
pursuant to subdivisions (a)(1) and (a)(2) of this section. (b) Property taken or detained
under this section shall not be subject to replevin but is deemed to be in the custody of
the state, county or municipal law enforcement agency subject only to the orders and judgment
of the court having jurisdiction over the forfeiture proceedings. When property is seized
under this division, the state, county or municipal law...
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12-19-90
1.00 (17) Examining and entering decree or other order ..... 3.00 (18) Drafting decree .....
10.00 (19) Each certificate with seal 3.00 (20) Each certificate without seal ..... 3.00 (21)
Filing and docketing each claim ..... 3.00 (22) Filing and recording, including recording
documents filed for record, irrespective of size type, per page ..... 3.00 (23) Filing and
recording all oil, gas, mineral and/or coal leases, per page ..... 3.00 (24) If the instrument
conveys any interest in real or personal property within this state and recites more
than two grantors or grantees, mortgagors or mortgagees, lessors or lessees, transferors or
transferees, assignors or assignees, buyers or sellers, or vendors or vendees, an additional
fee for indexing each name in excess of two entered in the direct index or two entered in
the reverse index ..... 1.00 (25) Copy of an instrument, per page ..... 1.00 (26) Each entry
of an estray, to be paid by taker ..... 3.00 (27) Each record of a mark or brand...
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