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6-5-641
Section 6-5-641 Certification of classes. (a) No class of civil litigants shall be certified
or recognized by any court of the State of Alabama unless there shall have been compliance
with the procedures for certification of the class set forth in this article. (b) As soon
as practicable after the commencement of an action in which claims or defenses are purported
to be asserted on behalf of or against a class, or as soon as practicable after such assertions
in an amended pleading, but in no event prior to the time allowed by law for each party (including,
but not limited to, counterclaim, cross-claim, and third-party defendants) to file an answer
or other pleading responsive to the complaint, counterclaim, cross-claim, or third-party claim,
the court shall hold a conference among all named parties to the action for the purpose of
establishing a schedule, in the same manner and to the same extent contemplated by Ala.R.Civ.P.
16, for any discovery in which the parties may wish to engage...
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12-15-122
Section 12-15-122 Issuance and service of summonses generally; waiver of service of summonses.
(a) After a petition alleging delinquency, in need of supervision, or dependency has been
filed, the juvenile court shall direct the issuance of summonses to be directed to the child
if he or she is 12 or more years of age, to the parents, legal guardian, or other legal custodian,
and to other persons who appear to the juvenile court to be proper or necessary parties to
the proceedings, requiring them to appear personally before the juvenile court at the time
fixed to answer or testify as to the allegations of the petition. Where the legal custodian
is summoned, the parent or legal guardian, or both, shall also be served with a summons. (b)
A copy of the petition shall be attached to each summons. (c) The summons shall direct the
parents, legal guardian, or other legal custodian having the custody or control of the child
to bring him or her to the hearing. (d) An adult who is a party may...
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12-15-408
Section 12-15-408 Conducting hearings to commit the minor or child. At all hearings conducted
pursuant to this section to commit a minor or child to the custody of the department, the
following shall apply: (1) The minor or child sought to be committed shall be present unless,
prior to the hearing, the child's attorney for the minor or child has filed in writing a waiver
of the presence of the minor or child on the ground that the presence of the minor or child
would be dangerous to his or her physical or mental health or that the conduct of the minor
or child could reasonably be expected to prevent the hearing from being held in an orderly
manner and the juvenile court has determined from the evidence that the waiver should be granted
and has entered an order approving the waiver. (2) The minor or child sought to be committed
shall have the right to compel the attendance of and offer the testimony of witnesses, to
be confronted with the witnesses in support of the petition and to...
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30-3-2
Section 30-3-2 Custody and education of children upon voluntary separation of husband and wife.
(a) In all cases of voluntary separation of husband and wife, the circuit court has power,
on the motion of either party, 20 days' notice thereof being given to the other, to permit
either the father or mother to have the custody and control of the children and to superintend
and direct their education, having regard to the prudence, ability, and fitness of the parents,
and the age and sex of the children. (b) Upon the hearing of the motion, witnesses may be
examined orally or testimony may be taken as in other civil actions. While the application
is pending, the court may direct an injunction or make any order that the safety and well-being
of the wife or children may require. (Code 1852, §§2006, 2007; Code 1867, §§2397, 2398;
Code 1876, §§2746, 2747; Code 1886, §§2368, 2369; Code 1896, §§2536, 2537; Code 1907,
§§4503, 4504; Code 1923, §§8278, 8279; Code 1940, T. 34, §§79,...
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31-2A-2
Section 31-2A-2 (Article 2.) Persons subject to this code; jurisdiction. (a) This code applies
to all members of the state military forces at all times and in all places, except it does
not apply to a member for any offenses committed while in a duty status under Title 10 U.S.C.
(b) Subject matter jurisdiction is established if a clear and convincing nexus exists between
an offense, either military or non-military, and the state military force. When a member is
in a duty status under either Title 32 U.S.C. or State Active Duty then a rebuttable presumption
exists that the nexus is established. A proper civilian court has primary jurisdiction of
an offense when an act or omission violates both this code and civilian criminal law, foreign
or domestic. In such a case, a court-martial may be initiated only after the civilian prosecutorial
authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached.
Courts-martial shall have primary jurisdiction over all...
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40-17A-12
Section 40-17A-12 Jeopardy assessment; suit to enjoin assessment prohibited; exception; tax
and penalties assumed correct. (a) An assessment for a dealer not possessing stamps or other
official indicia showing that the tax has been paid shall be considered a jeopardy assessment
or collection, as provided in Section 40-29-91. The commissioner shall assess a tax based
on personal knowledge or information available to the commissioner, mail to the taxpayer at
the taxpayer's last known address or serve in person, a written notice of the amount of tax;
demand its immediate payment; and, if payment is not immediately made, collect the tax by
any method prescribed in either Section 40-2-11 or Section 40-29-23, except that the commissioner
need not await the expiration of the times specified in Section 40-29-23, nor shall he be
required to obtain a circuit court order to levy upon any assets or other property to obtain
immediate collection of the tax. (b) No person may bring suit to enjoin the...
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45-2-80.110
Section 45-2-80.110 Supervision fee; fund established. (a) In Baldwin County, a supervision
fee of twenty dollars ($20) per month shall be levied against any person placed under supervised
probation status of the Juvenile Court of Baldwin County, and shall be assessed, collected,
waived, or determined as provided for in subsection (b). The supervision fee assessed pursuant
to this section shall be in addition to any other costs and charges, including, but not limited
to, court costs, fines, and restitution payments imposed on any person placed on supervised
probation status of the Juvenile Court of Baldwin County. (b) The supervision fee imposed
by this section shall be assessed against the probationer, his or her parent or guardian,
or both individuals by the Juvenile Court of the Twenty-eighth Judicial Circuit of Alabama
or its successor. The fee shall be paid through the Office of the Circuit Clerk of Baldwin
County for each month that the person is subject to supervised probation...
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12-14-51
Section 12-14-51 Magistrates deemed chief officers of agency; appointment and powers of magistrates.
(a) The magistrates shall be considered the chief officers of the municipal court administrative
agency. (b) The Supreme Court may, by rule, prescribe procedures for the appointment of magistrates
by class or position and, in addition thereto, provide for the appointment of other magistrates
by the Administrative Director of Courts, upon recommendation by municipal judges. (c) The
powers of a magistrate shall be limited to the following: (1) Issuance of arrest warrants.
(2) Granting of bail in minor misdemeanor prosecutions in accordance with the discretionary
bail schedule and approving property, cash, and professional surety bonds upon a municipal
judge's approval. (3) Receiving of pleas of guilty in minor misdemeanors where a schedule
of fines has been prescribed by rule. (4) Accountability to the municipal court for all uniform
traffic tickets and complaints issued, including all...
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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases have
the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section 15-3-5,
the term child also shall include the individual subject to the...
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12-23A-10
Section 12-23A-10 Collection and maintenance of information; fees, costs, and restitution;
annual audit. (a) A drug court shall collect and maintain the following information for each
drug offender that is considered for admission or admitted into drug court: (1) Prior criminal
history. (2) Prior substance abuse treatment history, including information on the success
or failure of the drug offender in those programs. (3) Employment, education, and income histories.
(4) Gender, race, ethnicity, marital and family status, and any child custody and support
obligations. (5)a. Instances of recidivism occurring after successful completion of drug court.
Recidivism shall be measured at a period of three years after successful graduation. b. Instances
of recidivism occurring after a drug offender's termination in drug court for a period of
three years from release into the community. (6) The drug of choice and the estimated daily
financial cost to the drug offender at the time of entry into...
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