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13A-11-164
Section 13A-11-164 Refusal to testify by printer of libel or defamation. The printer or proprietor
of any newspaper, handbill, advertisement or libel, the publication of which is punishable
under this article, who refuses, when summoned, to appear and testify before either the grand
or petit jury respecting the publication of such newspaper, handbill, advertisement or libel
(not having a good excuse, to be determined by the court), is guilty of a contempt and also
of a misdemeanor, and, on conviction of such misdemeanor, shall be fined not less than $20.00
nor more than $300.00 and may also be imprisoned in the county jail, or sentenced to hard
labor for the county for not more than six months. (Code 1852, §14; Code 1867, §3554; Code
1876, §4108; Code 1886, §3774; Code 1896, §5066; Code 1907, §7341; Code 1923, §4924;
Code 1940, T. 14, §351; Code 1975, §13-6-204.)...
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6-6-11
Section 6-6-11 Fees and charges - Refusal to testify or deliver award until paid; recovery
by party not liable therefor. Any witness may refuse to testify until his fees are paid by
the party summoning him, and the arbitrators may refuse to deliver copies of the award until
all charges are paid; but if paid by a party not liable therefor, he may recover the same
by action before any court having jurisdiction thereof, and the receipt of the arbitrators
is presumptive evidence of the fact of payment and of the liability of the party therefor.
(Code 1852, §2724; Code 1867, §3163; Code 1876, §3550; Code 1886, §3236; Code 1896, §519;
Code 1907, §2919; Code 1923, §6167; Code 1940, T. 7, §840.)...
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12-21-220
Section 12-21-220 Right of defendant to be witness; effect of prosecution's comment on defendant's
failure to testify. On the trial of all indictments, complaints or other criminal proceedings,
the person on trial shall, at his own request, but not otherwise, be a competent witness,
and his failure to make such a request shall not create any presumption against him nor be
the subject of comment by counsel. If the district attorney makes any comment concerning the
defendant's failure to testify, a new trial must be granted on motion filed within 30 days
from entry of the judgment. (Code 1886, §4473; Code 1896, §5279; Code 1907, §7894; Code
1923, §5632; Code 1940, T. 15, §305; Acts 1949, No. 124, p.150.)...
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8-12A-2
Section 8-12A-2 Assertion of patent infringement in bad faith. (a) A person may not assert
a claim of patent infringement in bad faith. (b) The Attorney General may investigate claims
of patent infringement alleged to have been made in bad faith and may do both of the following:
(1) Issue subpoenas to any person to appear and produce relevant papers, documents, and physical
evidence, and administer an oath or affirmation to any person, in aid of any investigation
or inquiry into possible violations of this chapter. Subpoenas shall be served in accordance
with the appropriate Alabama Rules of Civil Procedure. Upon failure of a person without lawful
excuse to obey a subpoena, the Attorney General may apply to a court of competent jurisdiction
for an order compelling compliance. After an action is commenced, discovery may proceed in
accordance with the Alabama Rules of Civil Procedure. (2) Initiate a civil action in the name
of the state, as necessary, to seek injunctive and any other...
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45-28A-42.11
Section 45-28A-42.11 Removal. No member of either the police department or of the fire department
shall be removed or discharged, nor shall the chief of the police department nor the chief
of the fire department, be removed, discharged, or demoted, except for cause, upon written
charges or complaint and after an opportunity to face his or her accusers and be heard in
his or her own defense. Such charges shall be investigated by and before the civil service
board after not less than five days' notice in writing with a copy of such charges shall have
been given to the person charged, and the hearings thereof and thereon shall be public. The
decision of the board thereon shall be given in writing to the accused, and shall be spread
on the minutes. In all proceedings before the civil service board the city attorney may appear
and represent the interest of the city when ordered to do so by the civil service board. Any
attorney secured by the person or persons making the charge or accusation...
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45-35-232.28
Section 45-35-232.28 Failure to appear. (a) A person released pursuant to this subpart who
willfully fails to appear before any court or judicial officer as required, shall incur a
forfeiture of any security given or pledged for release and, in addition, shall be guilty
of a Class B misdemeanor, punishable as provided by the Alabama Criminal Code. (b) Failure
to appear after notice of an appearance shall be prima facie evidence that the failure to
appear was willful. Whether the person was warned when released of the penalties for failure
to appear, shall be a factor in determining whether the failure to appear was willful. The
district attorney, or an assistant district attorney, or any other person responsible for
administering this subpart, shall initiate prosecution for violation of this subsection by
making an affidavit for a warrant to be issued by any officer authorized to issue warrants.
The person who fails to appear shall be arrested and shall be brought before a judicial...
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8-19-9
Section 8-19-9 Discovery of information. Before any action is commenced, the Attorney General
or the district attorneys may issue subpoenas to any person to appear and produce relevant
papers, documents, and physical evidence, and administer an oath or affirmation to any person,
in aid of any investigation or inquiry into possible violations of this chapter. Such subpoenas
shall be served in accordance with the appropriate Alabama Rules of Civil Procedure. Upon
failure of a person without lawful excuse to obey such subpoena, the Attorney General or district
attorney may apply to a court of competent jurisdiction for an order compelling compliance.
After an action is commenced, discovery may proceed in accordance with the Alabama Rules of
Civil Procedure. (Acts 1981, No. 81-355, p. 510, §9.)...
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12-21-248
Section 12-21-248 Conditional judgment against defaulting witnesses - Notice; when made absolute.
Where a conditional judgment has been entered against a defaulting witness in a criminal case,
if he does not appear before the docket then in process of being heard is completed and show
a sufficient cause for his default, a notice must be issued by the clerk of the court within
30 days notifying him of the entry of such conditional judgment and that the same will be
made absolute at the expiration of 30 days from the date of service of said notice unless
he appears and shows sufficient excuse for his default, which notice must be served by the
sheriff and return thereof made to the clerk. If he fails to appear as required or fails to
show sufficient excuse for his default, to be determined by the court, the judgment must be
made absolute against him. (Code 1852, §673; Code 1867, §4225; Code 1876, §4930; Code 1886,
§4471; Code 1896, §5295; Code 1907, §7892; Code 1923, §5630; Code...
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13A-10-123
Section 13A-10-123 Intimidating a witness. (a) A person commits the crime of intimidating a
witness if he attempts, by use of a threat directed to a witness or a person he believes will
be called as a witness in any official proceedings, to: (1) Corruptly influence the testimony
of that person; (2) Induce that person to avoid legal process summoning him to testify; or
(3) Induce that person to absent himself from an official proceeding to which he has been
legally summoned. (b) "Threat," as used in this section, means any threat proscribed
by Section 13A-6-25 on criminal coercion. (c) Intimidating a witness is a Class C felony.
(Acts 1977, No. 607, p. 812, §5015.)...
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15-13-138
Section 15-13-138 Conditions for which it shall be mandatory for the court to set aside forfeiture.
The court shall set aside the conditional forfeiture in its entirety for the following reasons
or under the following circumstances: (1) If the sureties can show that the defendant was
hospitalized at the time he or she was to appear in court, or if the sureties can produce
sufficient evidence that the defendant was not able to attend court for reason of illness,
by producing a doctor's certificate or letter to that effect. The hospitalization may be in
or out of the State of Alabama. For the sureties to take advantage of this provision, they
shall put the court on notice that the situation exists either prior to the issuance of the
conditional forfeiture order or within 28 days after legal service of the conditional forfeiture
on the sureties. After receiving notice, the court may continue the case to a future date
it deems proper and just for the defendant to appear. If at that time...
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