12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a
hearing on a delinquency petition on its merits and after notifying, verbally or in writing,
the juvenile probation officer, may file a motion requesting the juvenile court judge to transfer
a child for criminal prosecution to the circuit or district court, if the child was 14 or
more years of age at the time of the conduct charged and is alleged to have committed an act
which would constitute a criminal offense as defined by this code if committed by an adult.
(b) The juvenile court judge shall conduct a hearing on all motions for the purpose of determining
whether it is in the best interests of the child or the public to grant the motion. Only if
there are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
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12-15-212
Section 12-15-212 Conduct of delinquency and child in need of supervision hearings.
(a) If the allegations are denied, the juvenile court shall proceed to hear evidence on the
petition. If the juvenile court finds on proof beyond a reasonable doubt, based upon competent,
material, and relevant evidence, that the child committed the acts by reason of which the
child is alleged to be delinquent or in need of supervision, the juvenile court shall record
its findings and proceed to determine whether the child is in need of care or rehabilitation.
If the juvenile court finds that the allegations in the petition have not been established,
the juvenile court shall dismiss the petition and order the child discharged from any detention
or temporary care, theretofore ordered in the proceedings. (b) If the child admits to the
allegations contained in the petition, the juvenile court shall record its findings and proceed
to determine whether the child is in need of care or rehabilitation. (c) When...
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2-12-12
Section 2-12-12 Injunction. In addition to the penalty provided in this article the
Commissioner of Agriculture and Industries may apply by petition to a circuit court, and such
court or the judge thereof shall have jurisdiction for cause shown, to grant a temporary restraining
order or permanent injunction or both restraining any person from violating or continuing
to violate any of the provisions of this article or from failing or refusing to comply with
the provisions of this article or any rules or regulations duly promulgated under the provisions
of this article. Such a temporary restraining order or permanent injunction shall be issued
without bond. (Acts 1955, 2nd Ex. Sess., No. 46, p. 152, §14.)...
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26-10A-26
Section 26-10A-26 Appeals. (a) Appeals from any final decree of adoption shall be taken
to the Alabama Court of Civil Appeals and filed within 14 days from the final decree. (b)
An appeal from any final order or decree rendered under this chapter shall have priority in
all courts and shall have precedence over all other matters, except for other matters which
have been given priority by specific statutory provision or rule of court. The trial court
may enter further orders concerning the custody of the adoptee pending appeal. (c) If an order,
judgment, or decree rendered under this chapter is appealed, the party who files the appeal
shall cause notice of the appeal to be transmitted to all persons entitled to receive notice
pursuant to Section 26-10A-17, except for persons for whom consent or relinquishment
has been implied under Section 26-10A-9 or whose consent or relinquishment is not required
under Section 26-10A-10. Such notice of appeal shall set forth the pendency of the
appeal...
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30-3B-308
Section 30-3B-308 Expedited enforcement of child custody determination. (a) A petition
under this article must be verified. Certified copies of all orders sought to be enforced
and of any order confirming registration must be attached to the petition. A copy of a certified
copy of an order may be attached instead of the original. (b) A petition for enforcement of
a child custody determination must state: (1) Whether the court that issued the determination
identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so,
what the basis was; (2) Whether the determination for which enforcement is sought has been
vacated, stayed, or modified by a court whose decision must be enforced under this chapter
and, if so, identify the court, the case number, and the nature of the proceeding; (3) Whether
any proceeding has been commenced that could affect the current proceeding, including proceedings
relating to domestic violence, protective orders, termination of parental...
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12-15-136
Section 12-15-136 Proceedings for sealing legal and social files and records of courts,
pertaining to certain persons and effect thereof. (a) On motion of a person who has been the
subject of a delinquency or child in need of supervision petition , the juvenile court may
order the sealing of the legal and social files and records of the juvenile court pertaining
to the person if it finds that: (1) Two years have elapsed since the final discharge of the
person from legal custody or supervision or two years after the entry of any other order of
the juvenile court not involving custody or supervision; and (2) The person has not been convicted
or adjudicated delinquent or a youthful offender of any felony or a misdemeanor involving
sexual offenses, drugs, weapons, or violence, or threats of violence, prior to the filing
of the motion and no proceeding is pending seeking the conviction or adjudication. (b) The
motion and the order may include the records, reports, or information specified...
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15-13-131
Section 15-13-131 Proceeding in forfeiture of bail - Not cash - Conditional forfeitures
order. (a) When a defendant fails to appear in court as required by the undertaking of bail
and no sufficient excuse has been provided to the court prior to the hearing, the court shall
order a conditional forfeiture and show cause order against the defendant and the sureties
of the bail. The court shall notify defendant and sureties of the order as set out in this
article. The defendant or sureties, or both, shall file a written response with the clerk
of the court within 28 days of the date of service of the notice why the bond should not be
forfeited. If a written response is filed within the time allowed and the court is of the
opinion the written response is sufficient, the court shall set aside the conditional forfeiture.
If the court is of the opinion the written response is not sufficient, the court shall set
a hearing to determine whether the bond should be forfeited. The hearing shall not...
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26-2A-144
Section 26-2A-144 Petitions for orders subsequent to appointment. (a) Any person interested
in the welfare of a person for whom a conservator has been appointed, any person interested
in the proper administration of the estate, or the court on its own motion, may file a petition
in the appointing court or the court to which the conservatorship has been transferred for
an order: (1) Requiring bond or collateral or additional bond or collateral, or reducing bond;
(2) Requiring an accounting for the administration of the trust; (3) Directing distribution;
(4) Removing the conservator and appointing a temporary or successor conservator; or (5) Granting
other appropriate relief. (b) A conservator may petition the appointing court or the court
to which the conservatorship has been transferred for instructions concerning fiduciary responsibility.
(c) Upon notice and hearing, the court may give appropriate instructions or make any appropriate
order. (d) If, on the hearing, it should appear...
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42-2-3
Section 42-2-3 Order appointing day of hearing; publication and service of notice of
hearing. On the filing of the application, the court must make and enter an order appointing
the day for the hearing thereof. If the owner of the land resides within the state, the court
must issue notice to him of the application and of the day of the hearing thereof, which must
be served by the sheriff or other legal officer at least 10 days before the day appointed
for the hearing. If the owner is unknown or if he resides without the state or has been absent
from the state or beyond the jurisdiction of the court in which the application is made for
six months next before the time of the filing of the application in said court, notice may
be given by advertisement in any newspaper published in the county or, if there be no newspaper
published in the county, by posting notice at the courthouse and three other public places
for at least three weeks before the day appointed for the hearing. If the owner...
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8-6-32
Section 8-6-32 Party aggrieved by order entitled to hearing before commission; appeals
from action of commission. (a) Any person aggrieved by an order issued under this article
shall be entitled to a hearing pursuant to the provisions of the Alabama Administrative Procedure
Act (Section 41-22-1 et seq.) pertaining to "contested cases," if such person,
within 28 days after delivery of the order, submits a written request for a hearing before
the commission. The order shall disclose the right to a hearing upon written request within
28 days after delivery of the order. If no timely request for a hearing is made, the order
shall constitute a final order of the commission. (b) Any appeal from any final order of the
commission shall be made to the Circuit Court of Montgomery County and shall be governed by
the provisions of the Alabama Administrative Procedure Act pertaining to judicial review.
(Acts 1959, No. 542, p. 1318, §19; Acts 1990, No. 90-527, p. 772, §1.)...
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