Code of Alabama

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18-1A-191
Section 18-1A-191 View of the property taken. (a) Upon motion of a party or its own motion,
the circuit court may direct the jury to be placed in charge of an officer of the court and
taken personally to view the property sought to be taken. Upon like motion, if the case is
tried before the circuit court without a jury, the judge presiding at the trial may view the
property. The circuit court may prescribe additional terms and conditions consistent with
this section. (b) During a view of the property by the jury, the judge presiding at the trial
shall be present and supervise the proceedings. The parties, their attorneys, engineers, and
other representatives may be present during a view by the jury or judge. (c) During a view,
only the judge presiding at the trial or person designated by the circuit court may make a
statement to the jury relating to the subject matter of the action, and any such statement
must be transcribed as a part of the record. (d) The physical characteristics of...
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22-11A-36
Section 22-11A-36 Appeal of commitment order; notice of appeal; limitations to be placed upon
liberty of person pending appeal. An appeal from an order of the probate court granting a
petition seeking to commit a person to the custody of the Alabama Department of Public Health
or such other facility as the court may order lies to the circuit court for trial de novo
unless the probate judge who granted the petition was learned in the law, in which case the
appeal lies to the Alabama Court of Civil Appeals on the record. Notice of appeal shall be
given in writing to the probate judge within five days after the respondent has received actual
notice of the granting of the petition and shall be accompanied by security for costs, to
be approved by the probate judge, unless the probate judge finds that the person sought to
be committed is indigent, in which case no security shall be required. Upon the filing of
a notice of appeal, the probate judge shall determine and enter an order setting...
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45-45-85.21
Section 45-45-85.21 Recording fee. (a) In Madison County, a special recording fee of four dollars
($4) shall be collected by the judge of probate on each real or personal property, uniform
commercial code, judicial, or other instrument recorded or filed for record in the probate
court of the county. The special recording fee shall be in addition to all other fees, taxes,
and other charges required by law to be paid upon the recording or filing for record of any
real or personal property, uniform commercial code, judicial, or other instrument. All special
recording fees collected shall be deposited by the judge of probate in any depository in the
county as designated by the county governing body. Notwithstanding the fee set by this section,
the county commission may adjust the fee from time to time by resolution of the commission
adopted at a regularly scheduled meeting of the commission to meet the needs of this section.
(b) The fees collected under this section shall be expended at...
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45-49-85.04
Section 45-49-85.04 Additional recording fee; methods of archiving court records. (a) In Mobile
County, a special recording fee of two dollars ($2) shall be collected by the judge of probate
on each real or personal property, uniform commercial code, judicial, or other instrument
recorded or filed for record in the probate court of the county. The special recording fee
shall be in addition to all other fees, taxes, and other charges required by law to be paid
upon the recording or filing for record of any real or personal property, uniform commercial
code, judicial, or other instrument. All special recording fees collected shall be deposited
by the judge of probate in any depository in the county as designated by the county governing
body. (b) The fees collected under this section shall be expended at the discretion of the
judge of probate for the preservation and restoration of court records and to develop, purchase,
install, upgrade, and maintain a computerized system for recording,...
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12-16-13
Section 12-16-13 Charges moved for by parties; appeals; general charges. Charges moved for
by either party must be in writing and must be given or refused in the terms in which they
are written, and it is the duty of the judge to write "given" or "refused,"
as the case may be, on the document and sign his name thereto, which thereby becomes a part
of the record. Charges which are marked "given" by the trial judge must be taken
by the jury with them on retirement, and those "refused" must be retained by the
clerk. The court shall, after the conclusion of his charge to the jury, read such written
charges as he has given for the parties in a clear and audible voice, saying to the jury,
"these are instructions given you by the court at the request of the plaintiff or defendant,
as the case may be, and are correct statements of the law to be taken by you in connection
with what has already been said to you." The refusal of a charge, though a correct statement
of the law, shall not be cause...
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15-12-5
Section 15-12-5 Determination of indigency and provision of defense services. (a) Judicial
role in determining indigency. The trial judge shall determine, in accordance with the policies
and procedures established by the Office of Indigent Defense Services, if a person in his
or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from
the trial court to the state appellate court, the trial judge who presided over the proceedings
on appeal shall determine if the appellant is an indigent defendant in accordance with the
policies and procedures established by the Office of Indigent Defense Services. If an indigency
determination is necessary in any proceeding initiated originally in a state appellate court
, the presiding judge or chief justice of the appellate court shall determine if the appellant
or petitioner is an indigent defendant. (b) Criteria for determining indigency. In determining
indigency, the judge shall recognize ability to pay as a variable...
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22-11A-64
Section 22-11A-64 Appeal process. (a) Any health care worker who has appealed the State Health
Officer's final order to the State Committee of Public Health and who is aggrieved by the
outcome may appeal that decision by filing a notice of appeal in the circuit court of his
or her county of residence or in the Circuit Court of Montgomery County within 30 days of
the issuance of the final decision of the State Committee of Public Health. (b) The health
care worker may be represented by counsel or may participate in proceedings in the court on
his or her own behalf. If the health care worker elects to represent himself or herself, the
pleadings, documents, and evidence filed with the court shall be liberally construed to do
substantial justice. The court shall provide assistance to the health care worker in preparing
and filing the notice of appeal and shall take those steps that are necessary to keep the
health care worker's identity confidential. The assistance may be provided by court...
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28-4-273
Section 28-4-273 Forfeiture and condemnation proceedings generally - Conduct of hearing or
trial generally; entry of judgment of forfeiture and delivery of liquors and beverages to
Alcoholic Beverage Control Board generally; destruction of nonfederal tax-paid liquors and
beverages; disposition of funds paid into court by Alcoholic Beverage Control Board. If no
party appears to make a claim at the time specified in the notice or if no verified answer
controverting the allegations of the complaint and the grounds for issuance of the search
warrant is interposed, the judge shall proceed to hear the testimony in support thereof. If
it is established upon the hearing before said judge or upon the trial of the action, if issue
be joined, that the liquors so seized are kept, stored or deposited for the purpose of unlawful
sale or other disposition or for furnishing or distribution within this state or if it appears
that the complainant has established a ground for the issuance of such search...
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12-21-133
Section 12-21-133 Interpreters for persons defective in speech and/or hearing - Duty of handicapped
person; provisions cumulative. It shall be the duty of any handicapped person described in
Section 12-21-131 who desires the services of an interpreter as provided in Section 12-21-131,
or his or her attorney of record to make known in writing to the presiding judge before whom
such case is to be tried or heard, at least 30 days prior to or immediately upon the setting
of such case, that such an interpreter is needed during the trial or hearing, so that said
presiding judge can have sufficient time to comply with the provisions of Section 12-21-131,
thus expediting the proceedings of said court in an orderly manner. Sections 12-21-131 through
12-21-134 shall not prevent any court from selecting and using interpreters as now provided
by law, but are cumulative in providing additional means for obtaining qualified interpreters.
(Acts 1965, No. 799, p. 1499, ยง3.)...
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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness unavailable
because of exceptional circumstances. (a) In any criminal prosecution, the court may, upon
motion of the district attorney, the defense, or the court, for good cause shown and after
notice to the parties, order the taking of a deposition or a videotaped deposition of a victim
or a witness when the victim or witness is or may be unavailable for trial for medical reasons
or other exceptional circumstances. On any motion for a deposition or a videotaped deposition
of the victim or witness, the court shall consider the age of the victim or witness, the potential
unavailability of the victim or witness for trial, the nature of the offense, the nature of
testimony that may be expected, and the possible effect that testimony in person at trial
may have on the victim or witness, along with any other relevant matters that may be required
by Supreme Court rule. During the taking of a deposition or...
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