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12-21-181
Section 12-21-181 Compelling of appearance and testimony of expert witnesses. A witness who
is an expert in any art, science, trade or profession may be compelled to appear and testify
to an opinion as such expert in relation to any matter whenever such opinion is material evidence
relevant to an issue on trial before a court or jury without payment or tender of compensation
other than the per diem and mileage allowed by law to witnesses under the same rules and regulations
by which he can be compelled to appear and testify as to his knowledge of facts relevant to
the same issue. (Code 1923, §7713; Code 1940, T. 7, §366.)...
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36-11-13
Section 36-11-13 Proceedings in circuit court - Issuance and service of order to appear and
answer information, summons and copy of information; setting of trial date and granting of
continuances generally. If such information is filed in the circuit court, the judge of such
court shall make an order requiring the officer proceeded against to appear at a place and
on a day to be specified in the order and answer the information. The clerk of the court shall
issue a summons, in which shall be set forth a copy of the order, directed to any sheriff
of the state of Alabama, and which, together with a copy of the information, shall be served
on such defendant. Another day may be set and other summons issued as often as may be necessary,
and continuances may be granted in the discretion of the court. (Code 1876, §4055; Code 1886,
§4827; Code 1896, §4873; Code 1907, §7108; Code 1923, §4506; Code 1940, T. 41, §187.)...
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36-11-9
Section 36-11-9 Proceedings in Supreme Court - Issuance and service of order to appear and
answer information, summons and copy of information; setting of trial date, granting of continuances,
etc. If such information shall be filed under Section 174 of Article 7 of the constitution,
the Supreme Court, in term time, or a justice thereof, in vacation, shall make an order requiring
the officer proceeded against to appear at a place and on a day, which may be either in term
time or vacation, to be specified in the order and answer the information. The clerk of the
court shall issue a summons, in which shall be set forth a copy of the order, directed to
any sheriff of the State of Alabama, which, together with a copy of the information, shall
be served on the defendant. If the summons is served 20 days before the day specified in the
order, the defendant shall answer the information on the day specified; and, if the summons
is served less than 20 days before the day so specified, the...
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40-29-117
Section 40-29-117 Failure to obey subpoena. Any person who, being duly subpoenaed to appear
to testify, or to appear and produce books, accounts, records, memoranda, or other papers,
as required under subdivisions (7) and (8) of Section 40-2-11, or any other section in this
title requiring the production of information, neglects or fails to appear without cause or
to produce such books, accounts, records, memoranda, or other papers without cause, shall,
upon conviction thereof, be fined not more than $1,000, or imprisoned not more than one year,
or both. (Acts 1983, 4th Ex. Sess., No. 83-891, p. 128, §36.)...
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45-4-233
Section 45-4-233 Work Release board; powers and duties; work release fund; escape of inmates
from custody. In Bibb County, the sheriff shall execute every order from every court in Bibb
County to subpoena witnesses as provided in Section 12-21-180, or the service may be made
by first class mail as follows: It shall be the duty of the sheriff of the county to enclose
the subpoenas in an envelope addressed to the person to be served and place all necessary
postage and a return address thereon. In the event the witness subpoena is returned to the
sheriff by the post office department of the United States without delivery, the subpoena
shall be by the sheriff returned NOT FOUND. All witness subpoenas not returned to the sheriff
by the post office department shall be considered for all purposes as sufficient personal
and legal service. It is specifically provided, however, that, if the party calling a witness
expressly requests in writing that the subpoena be delivered to such witness...
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45-40-236
Section 45-40-236 Methods of service. (a) In the courts of Lawrence County a subpoena requiring
the attendance of a witness in any civil, criminal, or other case or proceeding, or before
the grand jury, may be served by the sheriff personally or by leaving a copy thereof at the
place of residence of the witness or in the discretion of the sheriff, the sheriff may serve
the same by placing a copy thereof in the United States mail, enclosing the subpoena in an
envelope properly stamped and addressed to the person or witness to be served. Upon service
by the sheriff upon any witness or person by any one of the foregoing methods, the sheriff
shall immediately mark the process executed in the manner so served. If the subpoena so mailed
is not delivered to the addressee, but is returned to the sheriff by the United States Post
Office Department, then the sheriff shall immediately make a diligent effort to serve the
subpoena either personally or by leaving a copy thereof at the place of...
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12-21-143
Section 12-21-143 Failure of witnesses to testify. (a) Any witness refusing to testify, unless
privileged by law from testifying in the case, must be committed to the jail of the county,
there to remain without bail until he consents to testify. (b) No witness so imprisoned shall
be discharged at the adjournment of the court, or afterwards, until he gives bond and surety
in an amount to be prescribed by the judge of such court, to be approved by the clerk of the
court, payable to the state and conditioned to appear at the next session and give evidence
in the case. (Code 1852, §§2309, 2310; Code 1867, §§2711, 2712; Code 1876, §§3066, 3067;
Code 1886, §§2799, 2800; Code 1896, §§1831, 1832; Code 1907, §§4028, 4029; Code 1923,
§§7742, 7743; Code 1940, T. 7, §§455, 456.)...
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31-2A-135
Section 31-2A-135 (Article 135.) Courts of inquiry. (a) Courts of inquiry to investigate any
matter of concern to the state military forces may be convened by any person authorized to
convene a general court-martial, whether or not the persons involved have requested such an
inquiry. (b) A court of inquiry consists of three or more commissioned officers. For each
court of inquiry, the convening authority shall also appoint counsel for the court. (c) Any
person subject to this code whose conduct is subject to inquiry shall be designated as a party.
Any person subject to this code who has a direct interest in the subject of inquiry has the
right to be designated as a party upon request to the court. Any person designated as a party
shall be given due notice and has the right to be present, to be represented by counsel, to
cross-examine witnesses, and to introduce evidence. (d) Members of a court of inquiry may
be challenged by a party, but only for cause stated to the court. (e) The...
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34-22-106
Section 34-22-106 Confidentiality of records; discovery; limitations on testimony. (a)(1) Notwithstanding
any provision of law, records of the board pertaining to an impaired optometrist shall be
confidential and shall not be subject to discovery or subpoena. (2) No person in attendance
at any board meeting concerning an impaired optometrist shall subsequently be required to
testify in any court or non-board administrative proceeding as to any discussion or proceeding
occurring at the board meeting. (b) Information, documents, or records otherwise available
from original sources are not to be construed as immune from discovery or use in any action
merely because they were presented during the proceedings of the board meeting concerning
an optometrist, nor shall any person who testifies before the board concerning an optometrist,
or who is a member of the board, be prevented from testifying as to matters within his or
her knowledge, but the witness shall not be asked, and shall not...
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12-22-111
Section 12-22-111 Issuance, execution and return of subpoenas for witnesses; liability of witnesses
failing to appear. In cases of appeal, the clerk of the court shall issue subpoenas for such
witnesses as may be required, both for the state and for the accused, returnable to the next
session of the court to which the appeal is taken, which subpoenas shall be executed by the
sheriff and returned to such circuit court. If witnesses so summoned fail to appear and testify
as required, they shall be liable to the same penalties, forfeitures and proceedings as if
the subpoenas had been issued out of the circuit court. (Code 1852, §506; Code 1867, §4056;
Code 1876, §4726; Code 1886, §4228; Code 1896, §4624; Code 1907, §6727; Code 1923, §3840;
Code 1940, T. 15, §360.)...
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