26-2-53
Section 26-2-53 Revocation of guardianship or conservatorship - Upon application by person ascertained to be incapacitated - Conduct of hearing or trial upon contested application; entry of decree revoking guardianship or conservatorship, etc., where application not contested. If the guardian or conservator or the person at whose instance the inquisition was had and taken appears and, in writing, denies the allegations of the application, the court must appoint a day for the trial of such contest, not more than 10 days thereafter, and must cause a jury to be summoned in the manner provided by Section 12-16-78 for the trial thereof, and proceedings must be had as upon the original inquisition. If there be no contest of the allegations of the application and the court is satisfied of the truth thereof, a decree must be entered revoking the proceedings on the inquisition and the guardianship or conservatorship and declaring that the ward must be restored to the custody and management of...
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6-5-155.8
Section 6-5-155.8 Protection of witnesses. If proof of the existence of the drug-related nuisance depends, in whole or in part, upon the affidavits of witnesses who are not law enforcement officers, upon a showing of prior threats of violence or acts of violence by any defendant or other person using the property alleged to be a drug-related nuisance, the court may issue orders to protect those witnesses, including, but not limited to, nondisclosure of the name, address, or any other identifying information. (Acts 1996, No. 96-566, p. 849, §9.)...
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26-2-2
Section 26-2-2 Removal of guardianship or conservatorship from probate to circuit court. The administration or conduct of any guardianship or conservatorship of a minor or incapacitated person may be removed from the probate court to the circuit court, at any time before the final settlement thereof by the guardian or conservator of any such guardianship or conservatorship or guardian ad litem or next friend of such ward or anyone entitled to support out of the estate of such ward without assigning any special equity, and an order of removal must be made by the court or judge upon the filing of a sworn petition by any such guardian or conservator or guardian ad litem or next friend for the ward or such person entitled to support out of the estate of such ward, reciting in what capacity the petitioner acts and that in the opinion of the petitioner such guardianship or conservatorship can be better administered in the circuit court than in the probate court. (Code 1923, §8102; Acts...
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43-8-168
Section 43-8-168 Depositions of witnesses. When the subscribing witnesses, or any of them, reside out of the state, or are physically unable or in any case in which depositions are authorized to be taken in circuit court, the judge of probate may issue a commission to take the testimony of such witnesses in proof of such will. (Code 1852, §1626; Code 1867, §1945; Code 1876, §2309; Code 1886, §1981; Code 1896, §4278; Code 1907, §6187; Code 1923, §10615; Code 1940, T. 61, §41; Code 1975, §43-1-45.)...
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6-6-74
Section 6-6-74 Branch writs. Branch writs of attachment may issue to any county of the state directed to any sheriff of the State of Alabama, to be executed as in Section 6-6-73. (Code 1852, §2526; Code 1867, §2954; Code 1876, §3278; Code 1886, §2954; Code 1896, §545; Code 1907, §2945; Code 1923, §6193; Code 1940, T. 7, §866.)...
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11-5-5
Section 11-5-5 When to discharge duties of sheriff generally. The coroner must discharge the duties of the sheriff: (1) When the office of sheriff is vacant and until his successor is qualified; (2) When the sheriff is incompetent to act; (3) When the sheriff is imprisoned; (4) In cases to which the sheriff is a party; and (5) In such cases as he is directed by the judge of probate. (Code 1852, §§696, 805; Code 1867, §§824, 940; Code 1876, §§736, 856; Code 1886, §§816, 927; Code 1896, §§1078, 3746; Code 1907, §§106, 5878; Code 1923, §§161, 10204; Code 1940, T. 12, §59; Code 1940, T. 54, §24.)...
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12-16-198
Section 12-16-198 Issuance of subpoenas for witnesses by district attorneys. District attorneys shall have authority, and it shall be their duty, to issue a subpoena for any person whom they may desire to appear before the grand jury to give evidence of any violation of the law. (Code 1852, §85; Code 1867, §3627; Code 1876, §4215; Code 1886, §4348; Code 1896, §5034; Code 1907, §7295; Code 1923, §8677; Code 1940, T. 30, §84.)...
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12-21-242
Section 12-21-242 Attendance of witnesses - On remand for new trial. Where a case has been remanded by the appropriate appellate court for a new trial, the clerk of the court to which said case has been remanded must issue subpoenas for all the witnesses in the case in the same manner as if the case had been continued. (Code 1852, §666; Code 1867, §4218; Code 1876, §4924; Code 1886, §4461; Code 1896, §5285; Code 1907, §7882; Code 1923, §5620; Acts 1931, No. 575, p. 668; Code 1940, T. 15, §295.)...
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12-22-193
Section 12-22-193 Examination of petitioner; subpoena of witnesses; ascertainment of financial information; estimate of costs and fees. Upon the filing of the petition with the clerk or the trial judge within the time prescribed in Section 12-22-92, the trial judge shall have the defendant or petitioner brought before him and shall examine the defendant or petitioner under oath concerning the required averment in the petition that the defendant or petitioner is without sufficient funds, and has no reasonable way to procure the same, to pay the court reporter all of his lawful fees for transcribing the evidence and other proceedings had at the trial or on the hearing of said case or the fees of the clerk which will accrue on appeal. The trial court, at such hearing, may issue subpoenas for witnesses as deemed necessary and may call upon the sheriff, the district attorney and other officers of the court to ascertain information relevant to the financial condition and ability of defendant...
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15-21-15
Section 15-21-15 Subpoenas for witnesses. (a) On the application of either party, subpoenas for witnesses must be issued at any time before the hearing on a writ of habeas corpus by the clerk of the circuit court of the county to which the writ is returnable. (b) Such subpoenas must be directed to the sheriff or any constable of the county in which the witness resides and must be executed and returned as in other cases. (Code 1852, §721; Code 1867, §4272; Code 1876, §4948; Code 1886, §4772; Code 1896, §4823; Code 1907, §4319; Code 1923, §4319; Code 1940, T. 15, §15.)...
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