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31-2A-49
Section 31-2A-49 (Article 49.) Depositions. (a) At any time after charges have been signed
as provided in Section 31-2A-30 (Article 30), any party may take oral or written depositions
unless the military judge or summary court-martial officer hearing the case or, if the case
is not being heard, an authority competent to convene a court-martial for the trial of those
charges forbids it for good cause. (b) The party at whose instance a deposition is to be taken
shall give to every other party reasonable written notice of the time and place for taking
the deposition. (c) Depositions may be taken before and authenticated by any military or civil
officer authorized by the laws of the state or by the laws of the place where the deposition
is taken to administer oaths. (d) A duly authenticated deposition taken upon reasonable notice
to the other parties, so far as otherwise admissible under the rules of evidence, may be read
in evidence or, in the case of audiotape, videotape, digital image...
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9-12-5
Section 9-12-5 Proceedings as to violations of chapter - Hearing; imposition of fine and condemnation
and sale of boat, etc., upon conviction; discharge of accused and release of boat, etc. If
upon the hearing the offense is established, the judge of the district court must fine each
of the offenders as is provided for in the section of this chapter which is violated or as
otherwise provided by law and, if the fine is not paid, must commit him or them to jail and
must also condemn the boat, vessel or craft, together with her tackle, apparel, furniture
and appurtenances, forfeited to the state, and direct that it be sold and adjudge the cost
of the proceeding before him to be paid by the accused. If he is not satisfied from the proof
that the accusation is established, he must discharge the accused and release the boat, vessel
or craft and other property seized. (Code 1852, §1124; Code 1867, §1304; Code 1876, §1612;
Code 1886, §4723; Code 1896, §5578; Code 1907, §7499; Code 1923,...
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15-18-86
Section 15-18-86 Procedure when condemned female believed pregnant. (a) If there is reason
to believe that a female convict is pregnant, the sheriff must, with the concurrence of a
judge of the circuit court, summon a jury of six disinterested persons, as many of whom must
be physicians as practicable. The sheriff must also give notice to the district attorney or,
in his absence, to any attorney who may be appointed by a circuit judge to represent the state
and who has authority to issue subpoenas for witnesses. (b) The jury, under the direction
of the sheriff or officer acting in his place, must proceed to ascertain the fact of pregnancy
and must state their conclusion in writing, signed by them and the sheriff. If such jury is
of opinion, and so find, that the convict is with child, the sheriff or officer acting in
his place must suspend the execution of the sentence and transmit the finding of the jury
to the Governor. (c) Whenever the Governor is satisfied that such convict is no...
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15-9-43
Section 15-9-43 Arrest without warrant - When accused to be admitted to bail; conditions of
bail. Unless the offense with which the prisoner is charged is shown to be an offense punishable
by death or life imprisonment under the laws of the state in which it was committed, the district
or circuit court judge must admit the person arrested to bail by bond or undertaking, with
sufficient sureties and in such sum as he deems proper, for his appearance before him at a
time specified in such bond or undertaking, and for his surrender, to be arrested upon the
warrant of the Governor of this state. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §63.)...
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19-2-2
Section 19-2-2 Removal of fiduciary; appointment of successor; accounting by fiduciary. Any
fiduciary engaged in war service may be removed from his office as such upon petition filed
in the proper court having jurisdiction by any person interested in the trust fund or the
estate being administered or by any co-fiduciary or surety, and if the trust has not been
fully executed or the administration of the estate has not been fully completed, the court,
upon such removal, must appoint a successor fiduciary to fill the vacancy caused by such removal
if there is no trust instrument providing a practicable method of appointment. If the court
shall find that, because of the military service of the fiduciary, the stating of an account
at that time is not possible, an accounting by such fiduciary in military service shall not
be a prerequisite to the appointment of a successor fiduciary, and upon the reinstatement
of such fiduciary or at such time as the said court deems meet, such fiduciary...
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12-22-170
Section 12-22-170 Stay of sentence when question of law reserved and admission to bail - Felonies.
When any question of law is reserved in case of a felony and it shall be made known to the
court that the defendant desires to take an appeal to the appropriate appellate court, judgment
must be entered against the defendant, but execution thereof must be stayed pending the appeal
and the defendant held in custody. If the sentence is for a term not exceeding 20 years, the
judge must direct the clerk of the court in which the conviction is had to admit the defendant
to bail in a sum to be fixed by the judge, with sufficient surety, conditioned upon his appearance
at the court, from time to time thereafter, as fixed by the court to abide such judgement
as may be entered on the appeal. All proceedings for forfeiture of bail and arrest under this
section shall be had and conducted as is otherwise provided in this code for such proceedings.
(Code 1852, §753; Code 1867, §4304; Code 1876,...
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12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on
the merits of the petition in accordance with subsection (d) within 90 calendar days of the
date the petition was filed. The court, for good cause, may extend the time within which it
must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a
hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by
the trial judge and may include oral argument and review of relevant documentation in support
of, or in objection to, the granting of the petition. Leave of the court shall be obtained
for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition,
the court may consider the following factors, in addition to the information contained in
the postsentence report: (1) The nature and seriousness of the offense....
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31-2A-70
Section 31-2A-70 (Article 70.) Appellate counsel. (a) The senior judge advocate shall detail
a judge advocate as appellate government counsel to represent the state in the review or appeal
of cases specified in Section 31-2A-67 (Article 67) and before any federal court when requested
to do so by the state Attorney General. (b) Upon an appeal by the state, an accused has the
right to be represented by detailed military counsel before any reviewing authority and before
any appellate court. (c) Upon the appeal by an accused, the accused has the right to be represented
by military counsel before any reviewing authority. (d) Upon the request of an accused entitled
to be so represented, the regional defense counsel shall appoint a judge advocate to represent
the accused in the review or appeal of cases specified in subsections (b) and (c). (e) An
accused may be represented by civilian appellate counsel at no expense to the state. (Act
2012-334, p. 790, §1.)...
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12-18-112
Section 12-18-112 Transfer of contributions and creditable service - District judge's adjusted
benefit formulas; spouse's benefits. In the event a member of the Judicial Retirement Fund,
who is a district judge, or a surviving spouse thereof, must employ and count creditable service
transferred under this article to qualify for retirement and/or benefits under the fund, the
benefits or allowances payable to such member or spouse shall be calculated as follows, and
shall be in lieu of any and all other rights, benefits and allowances, except social security
payments: (1) The annual service allowance payable to a retiring district judge shall be an
annual amount equal to the sum of: a. The amount which results when 90 percent of the retirement
benefits payable by the state to circuit judges on the date such district judge retires (as
is provided under Section 12-18-58) is multiplied by the ratio created when the member's number
of years of creditable service, excluding transferred...
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15-4-9
Section 15-4-9 Issuance and execution of arrest warrant for accused; appearance of accused
before judge. (a) If a jury summoned under this chapter finds that the deceased came to his
death by the act of another by unlawful means, the coroner may issue a warrant of arrest for
such person, which may be executed in the same manner as provided in Chapter 7 of this title.
(b) When arrested, the person must be brought before the district court of the county in which
the inquest was held, and the district court judge must proceed to examine the charge and
commit, bail or discharge the defendant as upon a warrant of arrest under the provisions of
such chapter. (Code 1852, §819; Code 1867, §4370; Code 1876, §3998; Code 1886, §4809;
Code 1896, §4932; Code 1907, §7170; Code 1923, §4565; Code 1940, T. 15, §84.)...
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