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19-2-1
Section 19-2-1 Definitions. (a) When used in this chapter, unless the context otherwise requires,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) WAR SERVICE. Such term shall include the following, during the period that the United
States shall be engaged in war with any foreign nation: a. Active membership in the military,
naval or air forces of the United States or any of its allies. b. Acceptance for membership
in the military, naval or air forces of the United States or any of its allies and awaiting
induction into that service. c. Participation in any work abroad in connection with a governmental
agency of the United States, with the American Red Cross, or with any other similar service.
d. Internment in any enemy country, or absence from the United States and inability to return.
e. Any service at home or abroad arising out of or in connection with the war, which in the
opinion of the court prevents the fiduciary from giving the...
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19-3B-503
Section 19-3B-503 Exceptions to spendthrift provision. (a) In this section, "child"
includes any person for whom an order or judgment for child support has been entered in this
or another state. (b) A spendthrift provision is unenforceable against: (1) a beneficiary's
child, spouse, or former spouse who has a judgment or court order against the beneficiary
for support or maintenance; (2) a judgment creditor who has provided services for the protection
of a beneficiary's interest in the trust; and (3) a claim of this state or the United States
to the extent a statute of this state or federal law so provides. (c) A claimant against whom
a spendthrift provision cannot be enforced may obtain from a court an order attaching present
or future distributions to or for the benefit of the beneficiary. The court may limit the
award to such relief as is appropriate under the circumstances. (Act 2006-216, p. 314, §1.)...
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26-5-39
Section 26-5-39 Proceedings upon failure of conservator or personal representative to
appear and file accounts and vouchers on appointed day. If such conservator or personal
representative fails to appear and file his or her accounts and vouchers for settlement, any
person having an interest may appear and contest such account and the court must hear and
determine such contest and, whether such contest be made or not, must render a decree on such
account which has the force and effect of a decree rendered on a voluntary settlement by such
conservator or personal representative. (Code 1886, §2476; Code 1896, §2361; Code
1907, §4451; Code 1923, §8224; Code 1940, T. 21, §154; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-8-52
Section 26-8-52 Foreign conservator to execute and deliver receipts for money or property removed
from state. When a foreign conservator receives any money or property to be removed to another
state under any of the provisions of this article, he or she shall execute and deliver to
the person or officer from whom he or she receives such money or property receipts therefor,
in duplicate, one of which must be by such person or officer duly forwarded by mail to the
presiding officer of the court from which such conservator received his or her appointment.
(Code 1896, §2386; Code 1907, §4476; Code 1923, §8249; Code 1940, T. 21, §121; Acts 1987,
No. 87-590, p. 975, §2-333(b).)...
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35-6-82
Section 35-6-82 Time and notice of hearing. Upon the filing of such report the court must appoint
a day for the hearing of the same, not less than 20 days from the filing thereof, and must
give notice thereof to any minor whose interest has been so sold who is over 14 years of age
and resident in this state, and also to the person in whose custody such ward is, if deemed
by the court in the interest of such ward, and also to the adult next of kin of such ward
resident in this state, not interested in such sale, or where there is more than one such
next of kin of equal degree, then to such one of them as may be selected by the court. Such
notice shall be given by personal citation to be served not less than 10 days before
the day appointed for such hearing. (Code 1907, §5255; Code 1923, §9359; Code 1940, T. 47,
§221.)...
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12-15-128
Section 12-15-128 Authority and criteria for continuation of detention or shelter care of children
taken into custody beyond 72 hours. (a) An allegedly delinquent child, dependent child, or
child in need of supervision lawfully taken into custody shall immediately be released, upon
the ascertainment of the necessary facts, to the care, custody, and control of the parent,
legal guardian, or legal custodian of the child or other suitable person able to provide supervision
and care for the child, unless the juvenile court or juvenile court intake officer, subject
to the limitations in Section 12-15-208, finds any of the following: (1) The child has no
parent, legal guardian, legal custodian, or other suitable person able to provide supervision
and care for the child. (2) The release of the child would present a clear and substantial
threat of a serious nature to the person or property of others and where the child is alleged
to be delinquent. (3) The release of the child would present a...
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15-23-102
Section 15-23-102 Order to submit to testing; designation of attending physician; additional
testing; access to results; post-test counseling. (a)(1) If the district attorney files a
motion under Section 15-23-101, the court shall order the person charged to submit to testing
if the court determines there is probable cause to believe that the person charged committed
the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse, assault by bodily
fluids, or any other crime where the victim was compelled to engage in sexual activity by
force or threat of force and the transmission of body fluids was involved. (2) If a warrant,
information, or indictment has been issued and the defendant is in custody or has been served
with the warrant, information, or indictment, the test shall be performed within 48 hours
of service of the court order requiring the defendant to submit to testing. (b) When a test
is ordered under Section 15-23-101, the victim of the crime or a parent or...
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26-2A-130
Section 26-2A-130 Protective proceedings. (a) Upon petition and after notice and hearing in
accordance with the provisions of this division, the court may appoint a conservator or make
any other protective order for cause as provided in this section. (b) Appointment of a conservator
or other protective order may be made in relation to the estate and affairs of a minor if
the court determines that a minor owns funds or property requiring management or protection
that cannot otherwise be provided or has or may have business affairs that may be jeopardized
or prevented by minority, or that funds are needed for health, support, education, or maintenance
and that protection is necessary or desirable to obtain or provide funds. (c) Appointment
of a conservator or other protective order may be made in relation to the estate and affairs
of a person if the court determines that (i) the person is unable to manage property and business
affairs effectively for such reasons as mental illness,...
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30-3-60
Section 30-3-60 Definitions. As used in this article, the following terms shall have the following
meanings: (1) CLERK OF THE COURT. Any circuit court clerk, district court clerk or juvenile
court clerk, or their employees, with responsibility for docketing or otherwise carrying out
the court's clerical duties in regard to domestic relations matters, support and nonsupport
cases, including the receipt and disbursement of support payments. (2) COURT. Any juvenile
or family court division of the circuit or district court in the county where the mother of
the child resides or is found, in the county where the father resides or is found, or in the
county where the child resides or is found and, in the case of a petition seeking a divorce
or legal separation, a petition seeking a modification of support previously ordered under
a divorce decree or a petition seeking a contempt citation for failure to pay support previously
ordered under a divorce decree, the circuit court or the domestic...
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41-4-62
Section 41-4-62 Refund of money paid for invalid or unissued bonds, etc. - Authorized; interest.
In cases where any person, firm or corporation has purchased or may hereafter purchase from
the state, or of its officers acting under authority or under color of authority purporting
to be conferred by an act or resolution of the Legislature of this state, bonds or securities
issued or proposed to be issued in consideration of funds or money which such person, firm
or corporation has actually paid or caused to be paid into the Treasury of the state, and
where for any reason such bonds or securities have not been paid or cannot be issued and delivered
or, if issued and delivered, have been declared invalid by the Supreme Court, such person,
firm or corporation may have the funds or money so paid into the Treasury of the state refunded,
together with interest thereon at the rate of interest said bonds or securities proposed to
bear from the date of the payment of said funds or money into the...
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