12-20-24
Section 12-20-24 Removal of court records or papers. No records or papers of any court shall
be removed out of the county, except in cases of invasion or insurrection whereby the same
may be endangered, unless by order of the court; provided, that any noncurrent records or
papers may be deposited in the Department of Archives and History at the discretion of the
judge or clerk of said court. (Code 1852, §564; Code 1867, §640; Code 1876, §545; Code
1886, §651; Code 1896, §2643; Code 1907, §5734; Code 1923, §10127; Code 1940, T. 7, §3;
Acts 1945, No. 291, p. 482.)...
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12-9A-8
Section 12-9A-8 Assignment of circuit or district judges by presiding circuit judge. (a) A
presiding circuit judge, by order, may assign a circuit or district court judge who is within
the circuit to serve within the circuit or within the district courts of the circuit. Before
assigning a judge, the presiding circuit judge shall evaluate the needs of the circuit, including
the currency, congestion, and backlog of criminal and civil cases. (b) Assignments of judges
by the presiding circuit judge shall be in writing and shall be sent to the assigned judge
as soon as practicable. The presiding judge or the judge's designee may notify the assigned
judge orally of the assignment. An oral notification of an assignment is sufficient until
a written notification can be prepared and delivered to the assigned judge. A copy of each
written assignment shall be filed with the Administrative Director of Courts and in the office
of the clerk or register of the court to which the assignment is made....
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43-8-197
Section 43-8-197 Change of venue. (a) At any time before the trial of such contest, either
party may remove the same to another county by proceeding as is required in civil actions
in the circuit court; and when an order for the removal of the trial of such contest is made,
the judge of probate must transmit the will, subpoenas and all other papers belonging, and
a transcript of all the entries of record relating thereto, to the judge of the probate court
of the county to which the trial is ordered to be removed. Such judge of probate must proceed
to try the case in the same manner as prescribed for the judge of probate of the county from
which it has been removed. (b) If the judgment is rendered in the probate court to which it
has been removed, and no appeal is taken within 30 days thereafter, such judgment must be
certified by the judge of such probate court, and the will and other papers be returned to
the probate court from which the trial was removed; and the will must be...
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31-2-99
Section 31-2-99 Courts-martial for members of National Guard - Employment of court reporter.
The employment of a reporter may be authorized by the convening authorities for any general
or special court-martial. When a reporter is employed, he shall be paid upon the certificate
of the judge advocate and upon the approval of the Governor from the regular military appropriations
such fees as are provided by law for an official reporter. (Acts 1936, Ex. Sess., No. 143,
p. 105; Code 1940, T. 35, §135; Acts 1973, No. 1038, p. 1572, §100.)...
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12-3-4
Section 12-3-4 Presiding judges. (a) The presiding judge of the Court of Criminal Appeals shall
be elected by the members of such court for a term to be set by such court, in no event for
a longer time than the term for which such judge is chosen. (b) The presiding judge of the
Court of Civil Appeals shall be the judge of such court who has served the longest period
of time as judge of such court. In cases of equal seniority, the presiding judge shall be
chosen as follows: (1) If more than one judge was elected at the same election, the presiding
judge shall be elected by lot from the judges who are so situated, and shall serve as presiding
judge for the term which he is then filling as a judge of such court. (2) If more than one
judge was appointed by the Governor at the same time, their seniority shall be governed by
the order in which their names appear on the list of appointees submitted by the Governor
to the Secretary of State. (Acts 1969, No. 987, p. 1744, §§21, 22; Acts 1971,...
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12-9A-7
Section 12-9A-7 Temporary assignment of circuit or district judge to another circuit. (a) The
Chief Justice of the Supreme Court of Alabama, by order, shall assign a circuit or district
judge from a judicial circuit to serve within another judicial circuit for a reasonable period
of time to address court congestion, court delay, civil and criminal backlog of cases, or
for any other reason necessary for the prompt and thorough administration of justice. (b)
When considering the amount of time a judge may be assigned from his or her home circuit to
another circuit, the Chief Justice shall take into consideration all relevant circumstances
regarding the judicial needs of the circuits involved. (c) A judge assigned to serve another
circuit under subsection (a) shall be reimbursed for any necessary and reasonable expenses
of travel and the same maintenance expense allowances from the State Treasury that the judge
would be entitled to receive when attending court or transacting other...
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31-2-90
Section 31-2-90 Appointment of counsel to defend National Guard members in certain actions.
If a civil or criminal action shall be commenced in any court by any person against any member
of the National Guard of this state for any act or omission alleged to have been committed
by such member while on any duty under this chapter, or against any member acting under the
authority or order of any officer or by virtue of any warrant issued pursuant to law, the
Adjutant General shall investigate the allegation, and upon determination by the Adjutant
General that such person acted reasonably or in the line of duty, the Governor shall appoint
counsel to defend such person, but such counsel shall reasonably be acceptable to the defendant.
The cost and expense of any such defense shall be paid out of the regular or special appropriations
for the maintenance of the National Guard or the General Fund, in the discretion of the Governor.
Any determination by the Adjutant General or reasonableness or...
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35-4-131
Section 35-4-131 Notice of actions, etc. (a) When any civil action or proceeding shall be brought
in any court to enforce any lien upon, right to or interest in, or to recover any land, or
where an application has been made to the probate judge of any county for an order of condemnation
of land, or any interest therein, the person, corporation, or governmental body commencing
such action or proceeding or making such application shall file with the judge of probate
of each county where the land or any part thereof is situated a notice containing the names
of all of the parties to the action or proceeding, or the persons named as those having an
interest in the land in the application for an order of condemnation, a description of the
real estate and a brief statement of the nature of the lien, writ, application, or action
sought to be enforced. The judge of probate shall immediately file and record the notice in
the lis pendens record and note on it and in the record the hour and date...
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38-9F-4
Section 38-9F-4 Issuance of elder abuse protection orders. (a) The following courts shall have
jurisdiction to issue elder abuse protection orders under this chapter: (1) Circuit courts.
(2) A special circuit court judge appointed pursuant to Section 12-1-14 or 12-1-14.1. (3)
A district court judge designated by a written standing order from the presiding circuit court
judge. (b) An elder abuse protection order may be requested in any pending civil or domestic
relations action, as an independent civil action, or in connection with the preliminary, final,
or post-judgment relief in a civil action. (c) A petition for an elder abuse protection order
may be filed in any of the following locations: (1) Where the plaintiff or defendant resides.
(2) Where the plaintiff is temporarily located if he or she has left his or her residence
to avoid further abuse. (3) Where the abuse occurred. (d) There is no minimum period of residence
for the plaintiff in the State of Alabama or in the county in...
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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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