|
12-21-302
Section 12-21-302 Request for hearing to show cause why subpoena should be issued for
cross-examination. (a) The party against whom the certificate is offered may request, not
later than 30 days prior to the commencement of the hearing or trial, a hearing to show cause
why a subpoena should be issued for cross-examination of the person who performed the examination
or analysis. (b) The request shall be in writing and shall contain a certification that the
requesting party intends in good faith to conduct the cross-examination. The request shall
also include a statement of the basis upon which the requesting party intends to challenge
the findings contained in the certificate of analysis. The court shall grant the request for
subpoena only for good cause shown. Good cause shall not include a challenge to the findings
contained in the certificate of analysis, unless the requesting party first establishes a
legitimate basis for the challenge. If the request for subpoena is granted, and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-302.htm - 1K - Match Info - Similar pages
27-62-8
Section 27-62-8 Confidentiality. (a)(1) Any documents, materials, or other information
in the control or possession of the department that are furnished by a licensee or an employee
or agent acting on behalf of a licensee pursuant to subsection (i) of Section 27-62-4;
subdivisions (2), (3), (4), (5), (8), (10), and (11) of subsection (b) of Section 27-62-6;
or that are obtained by the commissioner in an investigation or examination pursuant to Section
27-62-7 shall be confidential by law and privileged, shall not be subject to any open records,
freedom of information, sunshine, or other public record disclosure laws, shall not be subject
to subpoena, and shall not be subject to discovery or admissible in evidence in any private
civil action. The commissioner shall not otherwise make the documents, materials, or other
information public without the prior written consent of the licensee. (2) Notwithstanding
subdivision (1), the commissioner may use the documents, materials, or other...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-62-8.htm - 4K - Match Info - Similar pages
31-2A-46
Section 31-2A-46 (Article 46.) Opportunity to obtain witnesses and other evidence; subpoena.
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity
to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process
issued in court-martial cases to compel witnesses to appear and testify and to compel the
production of other evidence shall apply the principles of law and the rules of courts-martial
generally recognized in military criminal cases in the courts of the Armed Forces of the United
States, but which may not be contrary to or inconsistent with this code. Process shall run
to any part of the United States, or the territories, commonwealths, and possessions, and
may be executed by civil officers as prescribed by the laws of the place where the witness
or evidence is located or outside of the United States. A court-martial convened under this
code may subpoena and compel the presence of witnesses and the production...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-46.htm - 1K - Match Info - Similar pages
37-1-104
Section 37-1-104 Power of circuit court to compel compliance with commission orders,
etc. In case of failure or refusal on the part of any person to comply with any valid order
of the commission or of any commissioner, or any subpoena, or on the refusal of any witness
to testify or answer as to any matter regarding which he may be lawfully interrogated, any
circuit court in this state, or any judge thereof, on application of a commissioner, may issue
an attachment for such person and compel him to comply with such order, or to attend before
the commission and produce such documents and give his testimony upon such matters as may
be lawfully required, and the court or judge shall have power to punish for contempt as in
cases of disobedience of a like order or subpoena issued by or from such court, or a refusal
to testify therein. (Acts 1920, No. 37, p. 38; Code 1923, §9801; Code 1940, T. 48, §78.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-1-104.htm - 1K - Match Info - Similar pages
45-35A-51.27
Section 45-35A-51.27 Attendance of witnesses; fees; false oaths. Any person who shall
be served with a subpoena, issued in the course of an investigation or hearing conducted under
this part, to appear and testify or to produce records, books, and papers, who shall disobey
or neglect to obey any such subpoena shall be guilty of a misdemeanor and punished as provided
by the general laws of the state. The fees of witnesses for attendance shall be the same as
fees of witnesses before the courts of record and shall be paid as provided in this part.
Any judge of a court of record, upon application of a member of the board or the director,
shall compel the attendance of witnesses, the production of records, books, and papers and
the giving of testimony before the board, by attachment, contempt proceedings or otherwise,
in the same manner as the production of evidence may be compelled before the court. Any person
who, having taken oath or made affirmation in the cause of any investigation or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35A-51.27.htm - 1K - Match Info - Similar pages
45-49-120.28
Section 45-49-120.28 Attendance of witnesses; fees; false oaths. Any person who shall
be served with a subpoena, issued in the course of an investigation or hearing conducted under
this part, to appear and testify or to produce books and papers, who shall disobey or neglect
to obey any such subpoena shall be guilty of a misdemeanor. The fees of witnesses for attendance
and travel shall be the same as fees of witnesses before the courts of record and shall be
paid as is provided in Section 45-49-120.29. Any judge of a court of record, either
in term time or vacation upon application of a member of the board or the director, shall
compel the attendance of witnesses, the production of books and papers, and the giving of
testimony before the board or an agent thereof by attachment, or contempt, or otherwise, in
the same manner as the production of evidence shall be compelled before the court. Any person
who, having taken oath or made affirmation in the cause of any investigation or hearing...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-120.28.htm - 1K - Match Info - Similar pages
23-1-368
Section 23-1-368 Investigations; administration of oaths; subpoena of witnesses; enforcement
of subpoena. The director may conduct investigations and hold inquiries relating to this article.
All investigations conducted shall be open to the public. The director may administer oaths
and affirmations, certify official acts, issue subpoenas, and compel the attendance and testimony
of witnesses and the production of papers, books, and documents. In case of failure to comply
with any subpoena or order issued under the authority granted by this article, the director
may invoke the aid of any circuit court of the state. The court may order the witness to comply
with the requirements of the subpoena or order or to give evidence relating to the matter
in question. Any failure to obey the order of the court may be punished by the court as contempt
thereof. (Act 2000-220; p. 328, §21.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/23-1-368.htm - 1K - Match Info - Similar pages
41-5A-14
Section 41-5A-14 Subpoenas. (a) The chief examiner may issue subpoenas to compel the
attendance of witnesses and production of papers necessary as evidence in connection with
a dispute, claim, examination, audit, or the administration of this chapter. (b) In case a
person refuses to comply with a subpoena, the chief examiner may invoke the aid of any circuit
court with jurisdiction in order that the testimony or evidence be produced. Upon proper showing,
the court shall issue a subpoena or order requiring the person to appear before the chief
examiner or his or her representative and produce all evidence and give all testimony relating
to the matter at issue. (c) A person failing to comply with an order may be punished by the
court for contempt. (Act 2018-129, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-5A-14.htm - 1K - Match Info - Similar pages
12-21-203
Section 12-21-203 Admissibility of evidence relating to past sexual behavior of complaining
witness in prosecutions for criminal sexual conduct. (a) As used in this section, unless
the context clearly indicates otherwise, the following words and phrases shall have the following
respective meanings: (1) COMPLAINING WITNESS. Any person alleged to be the victim of the crime
charged, the prosecution of which is subject to the provisions of this section. (2)
CRIMINAL SEXUAL CONDUCT. Sexual activity, including, but not limited to, rape, sodomy, sexual
misconduct, sexual abuse or carnal knowledge. (3) EVIDENCE RELATING TO PAST SEXUAL BEHAVIOR.
Such term includes, but is not limited to, evidence of the complaining witness's marital history,
mode of dress and general reputation for promiscuity, nonchastity or sexual mores contrary
to the community standards. (b) In any prosecution for criminal sexual conduct or for assault
with intent to commit, attempt to commit or conspiracy to commit...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-203.htm - 2K - Match Info - Similar pages
15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving
child under age 16 - Use of closed circuit equipment; competence of victim as witness. (a)
In those criminal prosecutions set out in Section 15-25-1, the court, on motion of
the state or the defendant prior to the trial of the case, may order that the testimony of
any alleged victim of the crime or witness thereto who is under the age of 16 at the time
of the order shall be viewed and heard at trial by the court and the finder of fact by closed
circuit equipment. In ruling on the motion the court shall take into consideration those matters
set out in Section 15-25-2. (b) If the court orders that the victim's or witness's
testimony in court shall be by closed circuit equipment, the testimony shall be taken outside
the courtroom in the judge's chambers or in another suitable location designated by the judge.
(c) Examination and cross-examination of the alleged child victim or witness shall proceed
as...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-25-3.htm - 4K - Match Info - Similar pages
|