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30-3D-316
Section 30-3D-316 Special rules of evidence and procedure. (a) The physical presence of a nonresident
party who is an individual in a tribunal of this state is not required for the establishment,
enforcement, or modification of a support order or the rendition of a judgment determining
parentage of a child. (b) An affidavit, a document substantially complying with federally
mandated forms, or a document incorporated by reference in any of them, which would not be
excluded under the hearsay rule if given in person, is admissible in evidence if given under
penalty of perjury by a party or witness residing outside this state. (c) A copy of the record
of child-support payments certified as a true copy of the original by the custodian of the
record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in
it, and is admissible to show whether payments were made. (d) Copies of bills for testing
for parentage of a child, and for prenatal and postnatal health care of...
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12-21-404
Section 12-21-404 Construction with other rules and laws. The Alabama Rules of Civil Procedure
as well as any applicable provision of the Code of Alabama 1975, apply to subpoenas issued
under Section 12-21-402. To the extent that the provisions of Rule 28(b)(3) and subsection
(c) of Rule 28 conflict with this article, those provisions are no longer effective. (Act
2012-518, p. 1538, §5.)...
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2-2-17
Section 2-2-17 Evidence of rules, regulations and notices; copies furnished to probate judges.
The rules, regulations or notices purporting to be published by authority of the State Board
of Agriculture and Industries in book or pamphlet form and typed or printed copies of all
acts, rules, regulations or notices certified to by the commissioner or the board shall be
received as evidence of the passage or issuance and legal publication of such rules, regulations
or notices as of the date mentioned or provided for therein in all courts and places without
further proof. A copy of said rules and regulations or notices shall be furnished to all probate
judges by the commissioner immediately after their adoption; provided, that such rules, regulations
or notices as apply to a restricted area of the state shall be required to be furnished only
to the probate judges within the area to which such rules, regulations and notices apply.
(Ag. Code 1927, §5; Code 1940, T. 2, §5.)...
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22-11A-31
Section 22-11A-31 Commitment petition - Rules to apply at hearings. At all hearings conducted
by the probate judge in relation to a petition to commit any person to the custody of the
Alabama Department of Public Health or such other facility as the court may order, the following
rules shall apply: (1) The person sought to be committed shall be present unless, prior to
the hearing, the attorney for such person has filed in writing a waiver of the presence of
such person on the ground that the presence of such person would be dangerous to such person's
health or that such person'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 person proposed to be committed 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 person...
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12-11-40
Section 12-11-40 Proceedings on administration of estates in circuit court. In the administration
of estates in the circuit court in this state, such court, in the exercise of such jurisdiction,
shall proceed according to the Alabama Rules of Civil Procedure and shall, where necessary,
permit service by publication in the manner provided for publication in said rules, without
regard to any of the statutory requirements provided for administration of estates in the
probate court, and shall have power to appoint personal representatives in cases pending
in the circuit court in cases of vacancy. (Acts 1911, No. 536, p. 574; Code 1923, §6476;
Code 1940, T. 13, §138.)...
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12-15-318
Section 12-15-318 Service of process. (a) Except as otherwise provided by the Alabama Rules
of Juvenile Procedure and this section, service of process of termination of parental rights
actions shall be made in accordance with the Alabama Rules of Civil Procedure. (b) If service
of process has not been completed within 45 days of the filing of the termination of parental
rights petition, the petitioner shall request service by publication. (c) Service of process
by publication may not be ordered by the juvenile court unless at least one of the following
conditions is met: (1) The child who is the subject of the proceedings was abandoned in the
state, or (2) The state or private department or agency having custody of the child has established,
by evidence presented to the juvenile court, that the absent parent or parents are avoiding
service of process or their whereabouts are unknown and cannot be ascertained with reasonable
diligence. (d) Service shall be made by publication in a...
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43-8-165
Section 43-8-165 Notice to surviving spouse and next of kin - Minors. If any of the next of
kin are minors, such notice may be served as provided by the Alabama Rules of Civil Procedure;
and in addition to the service above provided for minors, the court must appoint a guardian
ad litem who is disinterested and who shall be an attorney-at-law and who does not represent
any party having an interest adverse to such minors; and notice shall issue to such guardian
ad litem. Such guardian shall accept service and agree to represent the minors in the proof
and probate of the will, and if he fail to accept service and agree to appear for the minors
within 10 days after service, the court appoint another guardian ad litem, upon whom notice
must be served, and he must agree to accept service and represent the minors as is provided
in the first instance, and the will must not be probated until a guardian ad litem has agreed
to accept the appointment and to represent the minors in the proof and...
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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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30-3-169.1
Section 30-3-169.1 Proceedings. (a) A person entitled to custody of or visitation with a child
may commence a proceeding objecting to a proposed change of the principal residence of a child
and seek a temporary or permanent order to prevent the relocation. (b) A non-parent entitled
to visitation with a child may commence a proceeding to obtain a revised schedule of visitation,
but may not object to the proposed change of principal residence of a child or seek a temporary
or permanent order to prevent the change. (c) A proceeding filed under this section must be
filed within 30 days of receipt of notice of a proposed change of principal residence of a
child, except that the court may extend or waive the time for commencing such action upon
a showing of good cause, excusable neglect, or that the notice required by subsection (b)
of Section 30-3-165 is defective or insufficient upon which to base an action under this article.
(d) Except as otherwise specifically provided in this article,...
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45-21A-10.04
Section 45-21A-10.04 Jurisdiction of Brantley Municipal Court; hearings; liability; evidence
and procedure; defenses. (a) The Brantley Municipal Court is vested with the power and jurisdiction
to hear and adjudicate the civil violations provided for in this article and to issue orders
imposing the civil fines and costs set out in this article. (b) A person who receives a notice
of violation may contest the imposition of the civil fine by submitting a request for a hearing
on the adjudication of the civil violation, in writing, within 15 days of the 10th day after
the date the notice of violation is mailed. Upon receipt of a timely request, the city shall
notify the person of the date and time of the adjudicative hearing by U.S. mail. (c) Failure
to pay a civil penalty or to contest liability in a timely manner is an admission of liability
in the full amount of the civil fine assessed in the notice of violation. (d) The civil fine
shall not be assessed if, after a hearing, the Brantley...
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