42-2-6
Section 42-2-6 Conduct of hearing; order granting or refusing application; appeal from grant
or refusal of application. On the day appointed or any other day to which the hearing may
be continued, the court must hear the allegations of the application and any objections which
may be filed to the granting thereof and any legal evidence touching the same, and shall make
an order granting or refusing the application. The hearing herein provided for must in all
respects be conducted and evidence taken as in civil cases, and either party may, by bill
of exception, reserve any opinion or decision of the court. Either party is entitled to an
appeal to the Supreme Court from the order of the court granting or refusing the application
within 42 days from the making thereof. (Code 1907, §§2419, 2420; Code 1923, §§3153, 3154;
Code 1940, T. 59, §§9, 10.)...
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6-10-32
Section 6-10-32 Contest of exemption claim - Judgment. If the plaintiff fails to appear in
support of his contest or if on the trial all the property in contest is found exempt, judgment
must be entered against the plaintiff for the costs of the levy and contest and releasing
the property from the levy, but if the defendant fails to appear in support of his or her
claim of exemption or if on the trial any of the property is found liable to the process,
judgment must be entered against the defendant for costs and condemning the property to sale.
(Code 1876, §2838; Code 1886, §2528; Code 1896, §2054; Code 1907, §4181; Code 1923, §7903;
Code 1940, T. 7, §646.)...
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15-2-27
Section 15-2-27 Issuance of subpoenas for trial witnesses. At any time before the delivery
of the transcript to the clerk of the court to which the trial is removed, subpoenas for witnesses
must be issued, on the application of either the defendant or the district attorney, by the
clerk of the court in which the indictment was found, commanding such witnesses to appear
at the court to which the trial is removed, which subpoenas must be executed by the sheriff
and returned to the clerk of the latter court; and the clerk of the court to which the trial
is removed must, after the delivery of the transcript to him, issue the subpoenas for witnesses.
(Code 1852, §658; Code 1867, §4210; Code 1876, §4915; Code 1886, §4489; Code 1896, §5313;
Code 1907, §7856; Code 1923, §5585; Code 1940, T. 15, §273.)...
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15-8-4
Section 15-8-4 Formal defects not fatal. An indictment must not be held insufficient, nor can
the trial, judgment or other proceedings thereon be affected by reason of any defect or imperfection
in any matter of form which does not prejudice the substantial rights of the defendant on
the trial. (Code 1852, §592; Code 1867, §4142; Code 1876, §4815; Code 1886, §4367; Code
1896, §4895; Code 1907, §7133; Code 1923, §4528; Code 1940, T. 15, §231.)...
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26-2-44
Section 26-2-44 Procedure generally - Impaneling and swearing in of jury; filling of vacancies
on jury. (a) At the time set for the trial, if good cause be not shown for continuance, the
jury must be impaneled and sworn well and truly to make inquisition of the facts alleged in
the petition, and render a true verdict according to the evidence. (b) If any of the jurors
are excused from serving, fail to attend or are set aside for any cause, their places may
be supplied from the bystanders. (Code 1852, §2752; Code 1867, §3191; Code 1876, §2759;
Code 1886, §2394; Code 1896, §2259; Code 1907, §4349; Code 1923, §8107; Code 1940, T.
21, §13.)...
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35-6-83
Section 35-6-83 Guardian ad litem. The court must appoint a guardian ad litem to represent
the interest of such ward upon such hearing, as provided by law for the appointment of guardians
ad litem in such court. The person so appointed such guardian ad litem must deny in writing
the allegations of such report and resist the confirmation of such sale, and, if necessary,
must, with the approval of the court, employ counsel to defend the interest of the person
he so represents. He is entitled to reasonable compensation, and an allowance for reasonable
fees of such counsel as he may so employ, to be fixed by the court and taxed and collected
as costs in the action. (Code 1907, §5256; Code 1923, §9360; Code 1940, T. 47, §222.)...

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12-19-132
Section 12-19-132 Issuance to witness of certificate of sum entitled to for attendance, etc.;
proof of attendance by witness. (a) After the trial, continuance of the cause or discharge
of the witness, the clerk must, on his application and upon his oath, give the witness a certificate
setting forth the cause in which he was a witness, the party by whom he was summoned or on
whose request he attended, the number of day he attended as a witness and the sum to which
he is entitled for his attendance, travel, ferriage and tolls, which he must also enter, either
upon the subpoena docket or book to be kept for that purpose. (b) The witness must prove his
attendance within five days after his attendance as such witness. (Code 1852, §§2380, 2381;
Code 1867, §§2784, 2785; Code 1876, §§3133, 3134; Code 1886, §§2842, 2843; Code 1896,
§§1337, 1338; Code 1907, §§3674, 3675; Code 1923, §§7234, 7235; Code 1940, T. 11, §§45,
46.)...
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15-2-20
Section 15-2-20 Application; appeal from denial; when defendant's personal presence
unnecessary. (a) Any person charged with an indictable offense may have his trial removed
to another county, on making application to the court, setting forth specifically the reasons
why he cannot have a fair and impartial trial in the county in which the indictment is found.
The application must be sworn to by him and must be made as early as practicable before the
trial, or it may be made after conviction upon a new trial being granted. (b) The refusal
of such application may, after final judgment, be reviewed and revised on appeal, and the
Supreme Court or Court of Criminal Appeals shall reverse and remand or enter such judgment
on the application as it may deem right without any presumption in favor of the judgment or
ruling of the lower court on such application. (c) If the defendant is in confinement, the
application may be heard and determined without the personal presence of the defendant
in...
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26-2A-139
Section 26-2A-139 Bond. (a) The court must require a conservator to furnish a bond payable
to the judge of probate conditioned upon faithful discharge of all duties of the trust according
to law, with sureties as it shall specify. Unless otherwise directed, the bond must be in
the amount of the aggregate capital value of the property of the estate in the conservator's
control, plus one year's estimated income, and minus the value of securities deposited under
arrangements requiring an order of the court for their removal and the value of any land which
the fiduciary, pursuant to Section 26-2A-152(d), lacks power to sell or convey without court
authorization. The court, in lieu of sureties on a bond, may accept other collateral for the
performance of the bond, including a pledge of securities or any other assets or a mortgage
of land. (b) The court may at any time reduce the bond of the conservator or require the conservator
to provide additional or larger bond as may seem to be proper...
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26-5-31
Section 26-5-31 Partial settlement generally - Application of ward, etc., for partial settlement;
issuance of process to conservator as to hearing thereupon; dismissal of application. On the
application of the ward by next friend or the sureties on the conservator's bond, showing
satisfactory cause, the court may issue process to the conservator, requiring him or her to
appear and show cause why he or she should not make a partial settlement of his or her conservatorship,
of which process there must be service 10 days before the day appointed for the appearance
of the conservator. If, on the hearing, it should appear that there is no satisfactory cause
for ordering such settlement, the application must be dismissed at the costs of the next friend
or the sureties on the conservator's bond, as the case may be. (Code 1886, §2468; Code 1896,
§2353; Code 1907, §4443; Code 1923, §8216; Code 1940, T. 21, §146; Acts 1987, No. 87-590,
p. 975, §2-333(b).)...
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