15-13-22
Section 15-13-22 Qualifications for bail; bond required for bondsmen; qualification when sufficiency
of bail doubtful. (a) Each person signing as surety an undertaking of bail must be: (1) A
resident of this state; and (2) Worth, exclusive of property exempt from execution, the amount
expressed in the undertaking; but the court or magistrate, in taking bail, may allow more
than two persons to justify severally as bail in amounts less than that expressed in the undertaking,
provided the whole is equivalent to two sufficient bails. (b) The court or magistrate in taking
bail, in lieu of the foregoing, may allow a corporation, foreign or domestic, qualified to
do a bonding business in this state and authorized to execute the undertaking of bail, to
execute such bail. (c) Every person engaged in the business of making bail bonds and charging
therefor, except corporations qualified to do a bonding business in this state, shall be required,
in addition to all other requirements of this...
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15-18-67
Section 15-18-67 Restitution hearing; order of restitution; persons entitled to be heard. When
a defendant is convicted of a criminal activity or conduct which has resulted in pecuniary
damages or loss to a victim, the court shall hold a hearing to determine the amount or type
of restitution due the victim or victims of such defendant's criminal acts. Such restitution
hearings shall be held as a matter of course and in addition to any other sentence which it
may impose, the court shall order that the defendant make restitution or otherwise compensate
such victim for any pecuniary damages. The defendant, the victim or victims, or their representatives
or the administrator of any victim's estate as well as the district attorney shall have the
right to be present and be heard upon the issue of restitution at any such hearings. (Acts
1980, No. 80-588, p. 928, §3.)...
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19-3-38
Section 19-3-38 Admissibility of evidence at hearings; exceptions; appeals. Upon a hearing
before the register or clerk under any of the provisions of this article, any competent legal
evidence, written or oral, may be received. All such evidence must be noted and oral testimony
reduced to writing by the register or clerk. Within 10 days thereafter, either party may file
exceptions to the action or conclusion of the register or clerk, and may have the same reviewed
by the circuit judge upon 10 days' notice to the other party, such review to be without any
presumption in favor of the correctness of the action or conclusion of the register or clerk.
From the decision of the circuit judge thereon an appeal lies to the court of civil appeals
or the supreme court within 42 days. (Code 1896, §4170; Code 1907, §6072; Code 1923, §10409;
Code 1940, T. 58, §26.)...
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26-2A-103
Section 26-2A-103 Notice in guardianship proceeding. (a) In a proceeding for the appointment
of a guardian of an incapacitated person, and, if notice is required in a proceeding for appointment
of a temporary guardian, notice of hearing must be given to each of the following: (1) The
person alleged to be incapacitated, her or his spouse (if any), and adult children, or if
none, parents; (2) Any person who is serving as guardian, conservator, or who has the care
and custody of the person alleged to be incapacitated; (3) In case no other person is notified
under paragraph (1), at least one of the nearest adult relatives residing in this state, if
any can be found; and (4) Any other person as directed by the court. (b) Notice of hearing
on a petition for an order subsequent to appointment of a guardian must be given to the ward,
the guardian, and any other person as ordered by the court. (c) Notice must be served personally
on the alleged incapacitated person. Notices to other persons as...
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26-2A-133
Section 26-2A-133 Original petition for appointment or protective order. (a) The person to
be protected or any person who is interested in the estate, affairs, or welfare of the person,
including a parent, child, guardian, custodian, or any person who would be adversely affected
by lack of effective management of the person's property and business affairs may petition
for the appointment of a conservator or for other appropriate protective order. (b) The petition
must set forth to the extent known the interest of the petitioner; the name, age, residence,
and address of the person to be protected; the names and addresses of all persons, known to
the petitioner, who must be given notice, a general statement of the person's property with
an estimate of the value thereof, including any compensation, insurance, pension, or allowance
to which the person is entitled; the reason why appointment of a conservator or other protective
order is necessary, and whether bond has been relieved. If the...
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43-2-318
Section 43-2-318 Exhibit showing condition of estate. Six months after his appointment, and
at any time thereafter when required by the court, either upon its own motion or upon the
application of any person interested in the estate, the executor or administrator must render,
for the information of the court, an exhibit under oath, showing the amount of all claims
presented against the estate, and the names of the claimants, and all other matters necessary
to show the condition of its affairs. (Code 1923, §5810; Code 1940, T. 61, §197.)...
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43-2-467
Section 43-2-467 Correction of mistake in description of lands sold. (a) When a mistake has
been made in the description of lands of a decedent sold in good faith under an order of the
probate court, either in the petition, order or other proceedings, the court ordering the
sale has authority, on the written application of the purchaser, or his heirs or personal
representatives, or any person holding under him, verified by affidavit, to correct such mistake.
The application must contain a correct description of the lands sold, and must state the facts,
and the names, ages and places of residence of the personal representatives and heirs or devisees
of such decedent, if known, and if there be no personal representative, that fact must be
stated; and, upon the filing of such application, the court must appoint a day for the hearing,
of which, and of the nature of the application, notice must be given, by personal service,
to the personal representative of such decedent, and such of his...
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43-2-660
Section 43-2-660 When presumption arises. When the administration of the estate of a deceased
person shall be pending in any court, and the records of such court shall show that letters
testamentary or letters of administration on such estate were issued and that 20 years or
more have elapsed since six months after such letters were issued, without further action
in said cause, or if any further action was taken in said cause, and 20 or more years have
elapsed since any such action, and if all bequests and legacies provided for in a will being
administered in such cause have been payable or demandable for more than 20 years, and if
the executor or administrator in such cause shall not for 20 or more years have made any payment
or partial payment or promise of payment of any claim against such estate or of any bequest,
devise or distributive share due from such estate, then it shall be conclusively presumed
that final settlement of said estate has been made by the executor or...
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43-2-747
Section 43-2-747 Objections. At any time within six months after the declaration of insolvency,
the administrator or any creditor, heir, legatee, devisee or distributee may object to the
allowance of any claim filed against the estate by filing objections thereto in writing; and,
thereupon, the court must cause an issue to be made up between the claimant and objector,
in which issue the correctness of such claim must be tried as in a civil action, if required;
and, if it is found for the claimant to the whole amount thereof, the same must be allowed
and such claimant recover the costs of the trial of such issue; but, if against the claimant,
the claim must be rejected, and the party contesting recovers the cost of the trial of such
issue. (Code 1852, §1854; Code 1867, §2203; Code 1876, §2575; Code 1886, §2245; Code 1896,
§313; Code 1907, §2781; Code 1923, §6020; Acts 1931, No. 732, p. 843; Code 1940, T. 61,
§407.)...
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43-2-83
Section 43-2-83 Discharge of surety; new bond. (a) Upon the application in writing of any surety
or sureties upon the bond of an executor or administrator requesting to be discharged from
any future liability as such surety or sureties, or upon the application in writing of the
personal representative or of an heir or devisee of a deceased surety upon such bond requesting
that the estate of such deceased surety be discharged from future liability by reason of such
suretyship, the court shall give to such executor or administrator notice of such application
and require him, within 15 days after the service of the notice, to make a new bond; and upon
the failure to make such bond, such executor or administrator shall be removed and his letters
revoked; and upon such removal he shall make settlement of his administration. Any number
of persons having the right to make application under this section may join in the application.
(b) When a new bond is given under subsection (a) of this...
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