26-17-624
Section 26-17-624 Temporary order. (a) In a proceeding under this article, upon a motion by
a party the court shall issue a temporary order for support of a child if the order is appropriate
and the individual ordered to pay support is: (1) a presumed father of the child; (2) petitioning
to have his paternity adjudicated; (3) identified as the father through genetic testing under
Section 26-17-505; (4) an alleged father who has declined to submit to genetic testing; (5)
shown by clear and convincing evidence to be the father of the child; or (6) the mother of
the child. (b) A temporary order may include provisions for custody and visitation as provided
by other law of this state. (Act 2008-376, p. 666, §2.)...
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31-2A-73
Section 31-2A-73 (Article 73.) Petition for a new trial. At any time within two years after
approval by the convening authority of a court-martial sentence, the accused may petition
the Adjutant General for a new trial on the grounds of newly discovered evidence or fraud
on the court-martial. At any time within 45 days of discovery of fraud on the court-martial
or newly discovered evidence, the accused may petition for new trial with the Military Court-Martial
Review Panel. In the event the accused's case is pending before the Alabama Supreme Court,
the appeal shall be stayed until the Military Court-Martial Review Panel rules on the petition.
(Act 2012-334, p. 790, §1.)...
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8-6-119
Section 8-6-119 Judicial validation proceedings. Any judicial validation proceeding instituted
under this article shall conform to and be conducted in accordance with either Section 6-6-750
et seq. or Section 11-81-220 et seq., whichever is applicable to the issuer. The petition
shall allege that the issue of industrial revenue bonds proposed by the issuer is not improvident,
and the director shall be served with notice of the proceeding in the same manner and for
the same time as the district attorney, and may attend the hearing before the circuit court
having jurisdiction of the matter in person or by attorney, present evidence, and be heard
by the court. The court shall not validate unless, pursuant to evidence presented at the hearing,
the court finds and determines that the issue is not improvident. No judicial validation proceedings
shall be instituted under this article until the commission enters a stop order or until the
expiration of 15 days after the proposed industrial...
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31-2A-80
Section 31-2A-80 (Article 80.) Attempts. (a) An act, done with specific intent to commit an
offense under this code, amounting to more than mere preparation and tending, even though
failing, to effect its commission, is an attempt to commit that offense. (b) Any person subject
to this code who attempts to commit any offense punishable by this code shall be punished
as a court-martial may direct, unless otherwise specifically prescribed. (c) Any person subject
to this code may be convicted of an attempt to commit an offense although it appears on the
trial that the offense was consummated. (Act 2012-334, §1.)...
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6-6-543
Section 6-6-543 Trial by jury or determination by court; entry and effect of judgment. Upon
the application of either party in a proceeding under Section 6-6-540, a trial by jury shall
be directed to determine the issues or any specified issue of fact presented by the pleadings,
and the court is bound by the result, but may, for sufficient reasons, order a new trial thereof;
and when a trial by jury is not requested, or as to the facts for which the same is not requested,
the court shall consider and determine any title, claim, interest, or encumbrance. The court
shall, upon the finding of the jury or upon such consideration and determination, finally
adjudge whether the defendant has any right, title, or interest in, or encumbrance upon, such
lands, or any part thereof, what such right, title, interest, or encumbrance is and in or
upon what part of the lands the same exists; and such judgment is binding and conclusive upon
all the parties to the action. (Code 1896, §812; Code 1907,...
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9-13-61
Section 9-13-61 Charges in affidavits, informations or indictments under article; proof of
title, etc. In any affidavit, information or indictment under this article, the person or
persons accused may be charged with commencing or conspiring to commence at some particular
time to commit any of the acts hereby made punishable and of continuing to commit the same
at divers times and on divers days between that day and some other day to be therein stated.
It shall not be necessary, in order to convict, to prove title of the lands on which the alleged
violation of Section 9-13-60 occurred, but it shall be sufficient to prove title, legal, equitable
or colorable, in the State of Alabama or any corporation or any person or persons other than
the accused; and it shall not be necessary to allege in the affidavit, information or indictment
or prove on the trial the kind of timber or forest products which are the subject of the action.
(Acts 1939, No. 626, p. 993, §2; Code 1940, T. 8,...
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12-12-32
Section 12-12-32 Criminal jurisdiction generally. (a) Misdemeanors. The district court shall
have exclusive original trial jurisdiction over prosecutions of all offenses defined by law
or ordinance as misdemeanors, except: (1) Prosecutions by municipalities having municipal
courts; (2) Any such prosecution which also involves a felony offense which is within the
exclusive jurisdiction of the circuit court, except as the district court is empowered to
hold preliminary hearings with respect to felonies and to receive guilty pleas as provided
in subsection (b) of this section; and (3) Any misdemeanor for which an indictment has been
returned by a grand jury. (b) Felonies. (1) The district court may exercise original jurisdiction
concurrent with the circuit court to receive pleas of guilty in prosecutions of offenses defined
by law as felonies not punishable by sentence of death. (2) The district court shall have
jurisdiction to hold preliminary hearings in prosecutions for felonies as...
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15-9-61
Section 15-9-61 Application by district attorney to Governor for requisition; filing and forwarding
of papers and requisition. (a) When the return to this state of a person charged with crime
in this state is required, the district attorney of the county in which the offense is committed
shall present to the Governor his written application for a requisition for the return of
the person charged, in which application shall be stated the name of the person charged, the
crime charged against him, the approximate time, place and circumstances of its committal,
the state in which he is believed to be, including the location of the accused therein at
the time the application is made, and certification that, in the opinion of the said district
attorney, the ends of justice require the arrest and return of the accused to this state for
trial and that the proceeding is not instituted to enforce a private claim. (b) The application
shall be verified by affidavit, shall be executed in duplicate...
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13A-5-42
Section 13A-5-42 Guilty plea; burden of proof upon state; waiver; sentencing. A defendant who
is indicted for a capital offense may plead guilty to it, but the state, only in cases where
the death penalty is to be imposed, must prove the defendant's guilt of the capital offense
beyond a reasonable doubt to a jury. The guilty plea may be considered in determining whether
the state has met that burden of proof. The guilty plea shall have the effect of waiving all
non-jurisdictional defects in the proceeding resulting in the conviction except the sufficiency
of the evidence. A defendant convicted of a capital offense after pleading guilty to it shall
be sentenced according to the provisions of Section 13A-5-43(d). (Acts 1981, No. 81-178, p.
203, §4; Act 2013-354, p. 1267, §1.)...
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26-17-636
Section 26-17-636 Order adjudicating parentage; limitation on liability for education and support;
cost, fees, and expenses. (a) The court shall issue an order adjudicating whether a man alleged
or claiming to be the father is the parent of the child. (b) An order adjudicating parentage
must identify the child by name and date of birth, if known. (c) Except as otherwise provided
in subsection (d), the court may assess filing fees, reasonable attorney's fees, fees for
genetic testing, other costs, and necessary travel and other reasonable expenses incurred
in a proceeding under this article, subject to the following rules: (1) Parties to proceedings
under this chapter should pay the fees and expenses of retained counsel, expert witnesses,
guardians ad litem, the costs of appropriate tests and other costs of the trial as they may,
themselves, incur. The court may order reasonable fees for attorneys, expert witnesses, guardian
ad litem fees, costs of appropriate tests and other costs of...
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