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31-2-90
Section 31-2-90 Appointment of counsel to defend National Guard members in certain actions.
If a civil or criminal action shall be commenced in any court by any person against any member
of the National Guard of this state for any act or omission alleged to have been committed
by such member while on any duty under this chapter, or against any member acting under the
authority or order of any officer or by virtue of any warrant issued pursuant to law, the
Adjutant General shall investigate the allegation, and upon determination by the Adjutant
General that such person acted reasonably or in the line of duty, the Governor shall appoint
counsel to defend such person, but such counsel shall reasonably be acceptable to the defendant.
The cost and expense of any such defense shall be paid out of the regular or special appropriations
for the maintenance of the National Guard or the General Fund, in the discretion of the Governor.
Any determination by the Adjutant General or reasonableness or...
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43-8-253
Section 43-8-253 Effect of homicide on intestate succession, wills, joint assets, life insurance
and beneficiary designations; effect of bona fide purchase by third party or good faith payment
by obligor, etc. (a) A surviving spouse, heir or devisee who feloniously and intentionally
kills the decedent is not entitled to any benefits under the will or under articles 3 through
10 of this chapter, and the estate of decedent passes as if the killer had predeceased the
decedent. Property appointed by the will of the decedent to or for the benefit of the killer
passes as if the killer had predeceased the decedent. (b) Any joint tenant who feloniously
and intentionally kills another joint tenant thereby effects a severance of the interest of
the decedent so that the share of the decedent passes as his property and the killer has no
rights by survivorship. This provision applies to joint tenancies with the right of survivorship
and tenancies in common during the respective lives of the...
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12-19-20
Section 12-19-20 Court fees in civil and criminal cases in circuit and district courts to be
uniform; fees prescribed by chapter exclusive; exceptions. (a) Court fees in civil and criminal
cases in the circuit court and district court shall be uniform for each type of case and each
court level. (b) The fees prescribed in this chapter shall be exclusive of all other fees,
except that: (1) The Administrative Director of Courts may, pursuant to Supreme Court rule,
set schedules of fees for payments to court-appointed officers for preparation of transcripts
on appeal and for certification of court records; (2) Fees now or hereafter imposed by law
on parties to civil actions and criminal defendants for support of law libraries, public defender
services, work release programs and pretrial release programs shall be retained in the county
collecting such fees, to be utilized for the purposes now or hereafter authorized by law;
(3) Any fees for counsel, masters, receivers or other...
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36-11-18
Section 36-11-18 Execution of process, etc., where sheriff or clerk of court subject to impeachment
proceedings. In all cases in which the sheriff is the party accused, all process relating
to the case shall be executed by the coroner of the county or, if there is no coroner, then
by such other person as may be appointed by the court or a judge in vacation. If the accused
is the clerk of the court, then the court or judge thereof shall appoint a special clerk,
who shall be some reliable and responsible person and who shall perform and discharge all
the duties of the office as to this particular case, under the direction of the court or the
judge thereof, until such case is finally determined, and who shall be liable to all penalties
prescribed by law for any misfeasance, malfeasance or nonfeasance in the discharge of the
duties of such office. (Code 1876, §4056; Code 1886, §4828; Code 1896, §4874; Code 1907,
§7109; Code 1923, §4507; Code 1940, T. 41, §188.)...
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11-57-20
Section 11-57-20 Remedies upon default on bonds, lease agreements, etc. (a) In event of default
on the bonds. If there should be any default in the payment of the principal of or interest
on any bonds issued under this chapter, then the holder of any of the bonds and of any of
the interest coupons applicable thereto and the trustee under any indenture, or any one or
more of them, may by mandamus, injunction or other proceedings compel performance of all duties
of the officers and directors of the authority with respect to the use of funds for the payment
of the bonds and for the performance of the agreements of the authority contained in the proceedings
under which they were issued, shall be entitled to a judgment against the authority for the
principal of and interest on the bonds so in default and, regardless of the sufficiency of
the security for the bonds in default and as a matter of right, shall be entitled to the appointment
of a receiver to make lease agreements respecting the...
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26-2A-102
Section 26-2A-102 Court appointment of guardian for incapacitated person. (a) Except as provided
by subsection (e), an incapacitated person or any person interested in the welfare of the
incapacitated person may petition for appointment of a limited or general guardian. (b) After
the filing of a petition, the court shall set a date for hearing on the issue of incapacity
so that notices may be given as required by Section 26-2A-103, and, unless the allegedly incapacitated
person is represented by counsel, appoint an attorney to represent the person in the proceeding.
The person so appointed may be granted the powers and duties of a guardian ad litem. The person
alleged to be incapacitated shall be examined by a physician or other qualified person appointed
by the court who shall submit a report in writing to the court. The person alleged to be incapacitated
also shall be interviewed by a court representative sent by the court. The court representative
also shall interview the person who...
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14-15-4
Section 14-15-4 Exhaustion of administrative remedies; dismissal of action; waiver of right
to reply; pretrial proceedings; limitations (a) The department and any private company or
contractor providing any services within any correctional facility shall adopt administrative
remedies for prisoners. The administrative remedies shall be prominently posted and published
to all prisoners. (b) A prisoner incarcerated by the department may not assert a pro se civil
claim under state law until the prisoner exhausts all administrative remedies available. If
a prisoner files a pro se civil action in contravention of this section, the court shall dismiss
the action without prejudice. (c) The court shall take judicial notice of administrative remedies
adopted by the department that have been filed with the Clerk of the Supreme Court of Alabama.
(d)(1) The court, on its own motion or on the motion of a party, may dismiss any prisoner
pro se civil action if the court is satisfied that the action is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/14-15-4.htm - 4K - Match Info - Similar pages
30-3C-8
Section 30-3C-8 Emergency measures to prevent abduction. (a) In response to a petition filed
under this chapter, before a hearing on the matter, the court may enter an ex parte order
for emergency measures to prevent abduction, including an ex parte warrant to take physical
custody of the child, or an order for any other emergency relief as necessary to prevent abduction
of a child, including imposing travel restrictions with the child, on the petitioner or the
respondent or on both the petitioner and the respondent. (b) An ex parte order for relief
under this chapter shall include: (1) the basis for the court's exercise of jurisdiction;
(2) the manner in which notice and opportunity to be heard were given to the persons entitled
to notice of the proceeding, including a finding by the court of compliance with Rule 65 of
the Alabama Rules of Civil Procedure, if applicable; (3) a detailed description of each party's
custody and visitation rights and residential arrangements for the child...
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6-6-26.08
Section 6-6-26.08 Disqualification of collaborative lawyer and lawyers in associated law firm.
(a) Except as otherwise provided in subsection (c), a collaborative lawyer is disqualified
from appearing before a tribunal to represent a party in a proceeding related to the collaborative
matter. This disqualification is not subject to waiver by the parties. (b) Except as otherwise
provided in subsection (c), a lawyer in a law firm with which the collaborative lawyer is
associated is disqualified from appearing before a tribunal to represent a party in a proceeding
related to the collaborative matter if the collaborative lawyer is disqualified from doing
so under subsection (a) or other court order. (c) A collaborative lawyer or a lawyer in a
law firm with which the collaborative lawyer is associated may represent a party: (1) to ask
a tribunal to approve an agreement resulting from the collaborative law process and prepare
and file all documents necessary to obtain a final order; or (2) to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-26.08.htm - 1K - Match Info - Similar pages
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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