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43-8-198
Section 43-8-198 Transfer of contest to circuit court; appeal from judgment of circuit court;
certification of judgment, etc., to probate court. Upon the demand of any party to the contest,
made in writing at the time of filing the initial pleading, the probate court, or the judge
thereof, must enter an order transferring the contest to the circuit court of the county in
which the contest is made, and must certify all papers and documents pertaining to the contest
to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit
court and a special session of said court may be called for the trial of said contest or,
said contest may be tried by said circuit court at any special or regular session of said
court. The issues must be made up in the circuit court as if the trial were to be had in the
probate court, and the trial had in all other respects as trials in other civil cases in the
circuit court. An appeal to the supreme court may be taken from the...
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6-6-283
Section 6-6-283 Demanding abstract of title to be relied on for recovery or defense; proceedings
upon failure to furnish same. In all actions or proceedings involving the title or right of
possession to land, either party may, by notice in writing to the opposing party or his attorney
of record not less than 10 days before the trial, demand an abstract in writing of the title,
or titles, on which he will rely for recovery or defense, and such party must be confined
to the proof of such title or titles upon the trial. If either party, after such demand and
notice, fails to furnish such abstract of title, the party so demanding may move the court
to require the party in default to furnish the abstract of title, and the court may enter
an order requiring the party so in default to furnish the abstract of title within the time
to be fixed by the order of the court. Upon failure to comply with such order, the court must
dismiss the action or proceeding if the plaintiff is in default or may...
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23-4-5
Section 23-4-5 Appeals. Any party affected by the vacation of a street, alley, or highway pursuant
to this chapter may appeal within 30 days of the decision of the governing body vacating the
street to the circuit court of the county in which the lands are situated, and upon such appeal,
the proceeding shall be tried de novo, either party having the right to demand trial by jury
when and as demand is authorized in civil actions. The appeal shall not suspend the effect
of the decision of the governing body unless the appealing party shall give bond, with sureties,
in an amount to be determined by the circuit judge. From the judgment of the circuit court,
an appeal may be taken within 42 days by either party to the Court of Civil Appeals or the
Supreme Court in accordance with the Alabama Rules of Appellate Procedure. (Acts 1931, No.
49, p. 62; Code 1940, T. 56, §30; Act 2004-323, p. 548, §1.)...
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6-7-50
Section 6-7-50 Use of nonconsenting person's name by another plaintiff; nonconsenting person's
right to recovery. If any person necessary to be joined as plaintiff in any action or proceeding
shall, upon request, not consent to join therein, his name may, nevertheless, be used by the
other party plaintiff, upon filing with the clerk of the court an obligation with good and
sufficient sureties, to be approved by the judge or the clerk of the court in which the action
or proceeding is to be commenced, shown by his endorsement of approval thereon, to protect,
save harmless and indemnify the person whose name is so used from the payment of any costs,
judgment or expenses in said action. If, however, the plaintiffs shall recover a judgment
in such action or proceeding, the person so refusing to allow the use of his name shall not
be entitled to receive any part thereof until he pays the expense incurred in giving the obligations,
his equitable share of the costs and expenses of the...
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10A-2-8.53
Section 10A-2-8.53 Advance for expenses. REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-94
EFFECTIVE JANUARY 1, 2020. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) A corporation may
pay for or reimburse the reasonable expenses incurred by a director who is a party to a proceeding
in advance of final disposition of the proceeding if: (1) The director furnishes the corporation
a written affirmation of good faith belief that he or she has met the standard of conduct
described in Section 10A-2-8.51; (2) The director furnishes the corporation a written undertaking,
executed personally or on the director's behalf, to repay the advance if it is ultimately
determined that the director did not meet the standard of conduct, or is not otherwise entitled
to indemnification under Section 10A-2-8.51(d), unless indemnification is approved by the
court under Section 10A-2-8.54; (3) A determination is made that the facts then known to those
making the determination would not preclude...
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30-3B-205
Section 30-3B-205 Notice; opportunity to be heard; joinder. (a) Before a child custody determination
is made under this chapter, notice and an opportunity to be heard in accordance with the standards
of Section 30-3B-108 must be given to all persons entitled to notice under the law of this
state as in child custody proceedings between residents of this state, any parent whose parental
rights have not been previously terminated, and any person having physical custody of the
child. (b) This chapter does not govern the enforceability of a child custody determination
made without notice or an opportunity to be heard. (c) The obligation to join a party and
the right to intervene as a party in a child custody proceeding under this chapter are governed
by the law of this state as in child custody proceedings between residents of this state.
(Act 99-438, p. 866, §1.)...
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6-6-165
Section 6-6-165 Return - Where execution issued from probate court; trial in circuit court;
return of execution on forfeited bond. (a) If the levy was made under execution issued from
the probate court, the sheriff must return the original execution to the court from which
it issued with an endorsement thereon showing the interposition of the claim, and he must
return a copy of the execution and of the returns thereon, the affidavit and the bond to the
circuit court of his county, where, after 30 days, the trial of the right of property must
be had according to the provisions of this article. (b) If, in the case provided for in subsection
(a) of this section, the bond is forfeited, the execution on the forfeited bond must be made
returnable to the court from which the original process issued, of which and of the time of
its receipt by the sheriff the clerk must give the judge of probate written notice, which
shall be presumptive evidence of the fact against the sheriff. (Code 1852,...
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24-8-13
Section 24-8-13 Recommendation for hearing by investigator; order for hearing; parties' right
to take civil action; amendment of complaint; subpoenas; refusal to allow discovery; hearing;
panel opinion and order; review. (a) If not sooner resolved, the investigator, upon completion
of his investigation, shall submit to ADECA a statement of the facts disclosed by his investigation
and recommend either that the complaint be dismissed or that a panel of office members be
designated to hear the complaint. ADECA, after review of the case file and the statement and
recommendation of the investigator, shall issue an order either of dismissal or for a hearing,
which is not subject to judicial or other further review. (b) If the order is for dismissal,
ADECA shall mail a copy of the order to the complainant and the respondent at their last known
addresses. The complainant may bring an action against the respondent in circuit court within
90 days of the date of the dismissal or within one year...
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43-2-465
Section 43-2-465 Right of purchaser to cite executor or administrator to report sale. (a) If
the executor or administrator fails, within the time required by law, to report any sale of
lands made by him under the provisions of this article, the purchaser, or his heirs, or any
other person claiming under him directly or derivatively, may, on motion in the probate court,
have citation to issue to such executor or administrator, citing him to appear within 20 days
from the date of the service of the citation, and report the sale; and if such executor or
administrator is then a nonresident of the state, or his place of residence is unknown to
the party asking for the citation, the court, on affidavit being made of either of these facts,
must cause service of such citation to be made by publication, once a week for three successive
weeks, in some newspaper published in the county, or if none is published therein, in the
newspaper published nearest to the courthouse of such county. (b) If...
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43-8-51
Section 43-8-51 Controversy as to advancements - Discovery of advancements. Pending administration
of an estate, on the application of the executor or administrator, or someone interested in
the estate, to the probate court where the administration is, alleging on oath that an advancement
has been made by the decedent, and that the value of such advancement is not expressed in
any conveyance or receipt, within the applicant's knowledge, or in any charge made by the
decedent, the judge of probate must issue citation to the distributee or heir alleged to have
received such advancement, requiring him, within a specified time, not less than 30 nor more
than 60 days, to report on oath a list of the property received, the time when and the value
of the same when received, or to deny on oath having received any advancement from the decedent.
If the party alleged to have received the advancement is a nonresident of the state, notice
must be given by publication once a week for three successive...
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