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31-2-100
Section 31-2-100 Courts-martial for members of National Guard - Subpoena of witnesses. A court-martial
may subpoena any witness residing within 100 miles of the place where the court is sitting
to appear and testify before it, and the sheriff, on receiving any subpoena issued by direction
of the court-martial and signed by the judge advocate thereof, or by the officer holding a
summary court, shall make service and return of service as provided by law in criminal cases.
Any person failing to appear at any court-martial in this state to testify in accordance with
the subpoena issued by such court-martial, without lawful excuse, is guilty of a misdemeanor
and shall, upon conviction, be fined not more than $100 or imprisoned for not more than 60
days in the county jail, either or both. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940,
T. 35, §136; Acts 1973, No. 1038, p. 1572, §101.)...
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12-19-74
Section 12-19-74 Circuit and district court fee for service of witness subpoenas. (a) In civil
cases in circuit court and district court, for the issuance of witness subpoenas a fee of
twelve dollars ($12) shall be collected for each subpoena. Subpoena fees shall be paid at
the time the subpoena is requested unless the court has approved an affidavit of substantial
hardship on behalf of the party requesting the subpoena(s). (b) Seven dollars fifty cents
($7.50) of each subpoena fee collected in civil cases in circuit and district court shall
be distributed to the county general fund and four dollars fifty cents ($4.50) shall be distributed
to the State General Fund, one dollar fifty cents ($1.50) of which shall be for judicial and
public safety functions (Acts 1975, No. 1205, p. 2384, §§16-113, 16-114; Acts 1976, No.
564, p. 763; Acts 1983, No. 83-744, p. 1225, §4; Acts 1987, No. 87-405, p. 575, §4; Act
2004-636, p. 1452, §1.)...
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31-2A-47
Section 31-2A-47 (Article 47.) Refusal to appear or testify. (a) Any person not subject to
this code who does all of the following may be punished by the military court in the same
manner as a criminal court of the state: (1) Has been duly subpoenaed to appear as a witness
or to produce books and records before a court-martial or court of inquiry, or before any
military or civil officer designated to take a deposition to be read in evidence before such
a court. (2) Has been duly paid or tendered the fees and mileage of a witness at the rates
allowed to witnesses attending a criminal court of the state. (3) Willfully neglects or refuses
to appear, or refuses to qualify as a witness or to testify or to produce any evidence which
that person may have been legally subpoenaed to produce. (b) The fees and mileage of witnesses
shall be advanced or paid out of the appropriations for the compensation of witnesses. (c)
At the request of the military judge or the convening authority and upon...
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12-21-402
Section 12-21-402 Foreign subpoena; request; issuance. (a) To request issuance of a subpoena
under this section, a party must submit a foreign subpoena to a clerk of the circuit court
in the county in which discovery is sought to be conducted in this state. A request for the
issuance of a subpoena under this article does not constitute an appearance in the courts
of this state. (b) When a party submits a foreign subpoena to a clerk of the circuit court
in this state, the clerk, in accordance with that court's procedure, shall promptly issue
a subpoena for service upon the person to which the foreign subpoena is directed. (c) A subpoena
under subsection (b) must: (1) Incorporate the terms used in the foreign subpoena. (2) Contain
or be accompanied by the names, addresses, and telephone numbers of all counsel of record
in the proceeding to which the subpoena relates and of any party not represented by counsel.
(3) Plainly and prominently state on its face: "THE RECIPIENT OF THIS SUBPOENA...
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31-2A-31
Section 31-2A-31 (Article 31.) Compulsory self-incrimination prohibited. (a) No person subject
to this code may compel any person to incriminate himself or herself or to answer any question
the answer to which may tend to incriminate him or her. (b) No person subject to this code
may interrogate or request any statement from an accused or a person suspected of an offense
without first informing that person of the nature of the accusation and advising that person
that he or she does not have to make any statement regarding the offense of which the person
is accused or suspected and that any statement made by the person may be used as evidence
against the person in a trial by court-martial. (c) No person subject to this code may compel
any person to make a statement or produce evidence before any military court if the statement
or evidence is not material to the issue and may tend to degrade the person. (d) No statement
obtained from any person in violation of this article or through the...
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37-1-104
Section 37-1-104 Power of circuit court to compel compliance with commission orders, etc. In
case of failure or refusal on the part of any person to comply with any valid order of the
commission or of any commissioner, or any subpoena, or on the refusal of any witness to testify
or answer as to any matter regarding which he may be lawfully interrogated, any circuit court
in this state, or any judge thereof, on application of a commissioner, may issue an attachment
for such person and compel him to comply with such order, or to attend before the commission
and produce such documents and give his testimony upon such matters as may be lawfully required,
and the court or judge shall have power to punish for contempt as in cases of disobedience
of a like order or subpoena issued by or from such court, or a refusal to testify therein.
(Acts 1920, No. 37, p. 38; Code 1923, §9801; Code 1940, T. 48, §78.)...
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11-55-13
Section 11-55-13 Authority of cities or towns to acquire, etc., and lease facilities to United
States Postal Service; issuance of bonds, etc., to finance acquisitions. Any city or town
in this state (1) May acquire (by construction, purchase or otherwise), improve and equip
land, buildings and other facilities for use by the United States Postal Service; (2) May
lease any such land, buildings or facilities to the United States Postal Service on such terms
and conditions as shall be mutually agreeable to such city or town and the United States Postal
Service; (3) May borrow money for the purpose of financing the costs of any such acquisition,
improvement and equipment; (4) May issue, in evidence of such borrowing, bonds, warrants,
notes or other securities (which such bonds, warrants, notes or other securities shall mature
and come due not later than 30 years from their date but shall otherwise be issued in accordance
with, and shall be subject to, applicable provisions of law); (5) May...
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31-2A-44
Section 31-2A-44 (Article 44.) Former jeopardy. (a) No person, without his or her consent,
may be tried a second time for the same offense. (b) No proceeding in which an accused has
been found guilty by a court-martial upon any charge or specification is a trial pursuant
to this article until the finding of guilty has become final after review of the case has
been fully completed. (c) A proceeding which, after the introduction of evidence but before
a finding, is dismissed or terminated by the convening authority or on motion of the prosecution
for failure of available evidence or witnesses without any fault of the accused is a trial
in the sense of this article. (d) Any offense adjudicated under Chapter 47 of Title 10, U.S.C.,
shall be barred from prosecution under this code. (Act 2012-334, p. 790, §1.)...
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12-15-141
Section 12-15-141 Emergency ex parte orders authorized upon showing of verified evidence of
abuse or neglect; evidence required; hearing required within 72 hours of issuance of order.
The juvenile court may enter an ex parte order of protection or restraint on an emergency
basis, without prior notice and a hearing, upon a showing of verified written or verbal evidence
of abuse or neglect injurious to the health or safety of a child subject to a juvenile court
proceeding and the likelihood that the abuse or neglect will continue unless the order is
issued. If an emergency order is issued, a hearing, after notice, shall be held within 72
hours of the written evidence or the next judicial business day thereafter, to either dissolve,
continue, or modify the order. (Acts 1991, No. 91-661, p. 1265, §4; §12-15-153; amended
and renumbered by Act 2008-277, p. 441, §9.)...
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12-21-401
Section 12-21-401 Definitions. In this article: (1) "Foreign jurisdiction" means
a state other than this state. (2) "Foreign subpoena" means a subpoena issued in
a civil action under authority of a court of record of a foreign jurisdiction. (3) "Person"
means an individual, corporation, business trust, estate, trust, partnership, limited liability
company, association, joint venture, public corporation, government, or governmental subdivision,
agency or instrumentality, or any other legal or commercial entity. (4) "State"
means a state of the United States, the District of Columbia, Puerto Rico, the United States
Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession
subject to the jurisdiction of the United States. (5) "Subpoena" means a document,
however denominated, issued in a civil action under authority of a court of record requiring
a person to: (A) Attend and give testimony at a deposition. (B) Produce and permit inspection
and copying of...
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