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30-3B-112
Section 30-3B-112 Cooperation between courts; preservation of records. (a) A court of this
state may request the appropriate court of another state to: (1) Hold an evidentiary hearing;
(2) Order a person to produce or give evidence pursuant to procedures of that state; (3) Order
that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(4) Forward to the court of this state a certified copy of the transcript of the record of
the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with
the request; and (5) Order a party to a child custody proceeding or any person having physical
custody of the child to appear in the proceeding with or without the child. (b) Upon request
of a court of another state, a court of this state may hold a hearing or enter an order described
in subsection (a). (c) Travel and other necessary and reasonable expenses incurred under subsections
(a) and (b) may be assessed against the parties...
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15-25-6
Section 15-25-6 Actions to minimize length of proceedings stressful to child; considerations
in ruling on motion for delay or continuance. In all criminal cases and juvenile proceedings
involving offenses set out in Section 15-25-1, wherein the victim hereof or a witness to the
offense is under the age of 16 years, the court and the district attorney shall take appropriate
action to ensure a speedy trial in order to minimize the length of time the child must endure
the stress of involvement in the proceedings. In ruling on any motion or other request for
a delay or continuance of proceedings, the court shall consider and give weight to any adverse
impact the delay or continuance may have on the well-being of a child victim or witness. (Acts
1985, No. 85-743, p. 1143, ยง6.)...
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22-52-10.6
Section 22-52-10.6 Petition for renewal of inpatient commitment order; probate court; special
judge; notice; hearing. (a) A petition for renewal of an inpatient commitment order may be
filed by the director of a state mental health facility or his designee at least 30 days prior
to the expiration of the current commitment order. The petition, together with a copy of the
original commitment order and copies of any subsequent renewal commitment orders, shall be
filed with the probate court of the county where the facility is located. The petition shall
explain in detail why renewal of the order is being requested, and shall further explain in
detail why less restrictive conditions of treatment are not appropriate. (b) Such probate
court may consider, hear, and enter appropriate orders pursuant to this section or may request
that the case be heard by a special judge of probate. (c) Whenever and wherever it shall become
necessary that a special judge of probate be provided to hear and...
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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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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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31-2A-34
Section 31-2A-34 (Article 34.) Advice of judge advocate and reference for trial. (a) Before
directing the trial of any charge by general or special court-martial, the convening authority
shall refer it to a judge advocate for consideration and advice. The convening authority may
not refer a specification under a charge to a general or special court-martial for trial unless
the convening authority has been advised in writing by a judge advocate of all of the following:
(1) The specification alleges an offense under this code. (2) The specification is warranted
by the evidence indicated in the report of investigation under Section 31-2A-32 (Article 32),
if there is such a report. (3) A court-martial would have jurisdiction over the accused and
the offense. (b) The advice of the judge advocate under subsection (a) with respect to a specification
under a charge shall include a written and signed statement by the judge advocate containing
both of the following: (1) Conclusions with respect...
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34-13-31
Section 34-13-31 Appeal from decision of board. (a) Whenever, by decision, final order, or
other final determination upon any public hearing provided for by this chapter, a party to
such hearing shall feel aggrieved, an appeal may be taken to the Circuit Court of Montgomery
County, Alabama. (b) On taking and perfecting an appeal to the Circuit Court of Montgomery
County, Alabama, the court shall proceed as in other cases. (c) All appeals shall be taken
within 30 days from the date of the order entered of the board which is the basis of the appeal
and shall be granted as a matter of right and be deemed perfected by filing with the board
a bond for security of costs of the appeal. Upon filing of a verified petition and hearing
thereon, the court, in its discretion, may stay the order appealed from pending final judicial
review. No new or additional evidence may be introduced in the circuit court except as to
fraud or misconduct of some person engaged in the administration of this chapter...
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6-5-155.5
Section 6-5-155.5 Motion for preliminary injunction; consolidation of trial with hearing on
motion; other equitable relief. (a) Upon a filing of a motion for a preliminary injunction
to abate the drug-related nuisance, the plaintiff shall be entitled to a hearing on the motion
within 10 business days of the filing. If it appears by affidavit or otherwise, that there
is a substantial likelihood that the plaintiff will be able to prove a drug-related nuisance
by a preponderance of evidence, the circuit court may issue a preliminary injunction and grant
other relief as the court may deem to be appropriate, including those remedies provided by
Section 6-5-156.3. (b) When appropriate, the court shall order the trial of the action on
the merits to be advanced and consolidated with the hearing on the motion for a preliminary
injunction. (c) This section shall not be construed to prohibit the application for or the
granting of a temporary restraining order or other equitable relief provided by...
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31-2A-136
Section 31-2A-136 (Article 136.) Authority to administer oaths and to act as notary. (a) The
following persons may administer oaths for the purposes of military administration, including
military justice: (1) All judge advocates. (2) All summary courts-martial. (3) All adjutants,
assistant adjutants, acting adjutants, and personnel adjutants. (4) All other persons designated
by regulations of the Armed Forces of the United States or by statute. (b) The following persons
may administer oaths necessary in the performance of their duties: (1) The president, military
judge, and trial counsel for all general and special courts-martial. (2) The president and
the counsel for the court of any court of inquiry. (3) All officers designated to take a deposition.
(4) All persons detailed to conduct an investigation. (5) All recruiting officers. (6) All
other persons designated by regulations of the Armed Forces of the United States or by statute.
(c) The signature without seal of any such person,...
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6-6-20
Section 6-6-20 Definition; instances requiring mediation; sanctions; exceptions; etc. (a) For
purposes of this section, "mediation" means a process in which a neutral third party
assists the parties to a civil action in reaching their own settlement but does not have the
authority to force the parties to accept a binding decision. (b) Mediation is mandatory for
all parties in the following instances: (1) At any time where all parties agree. (2) Upon
motion by any party. The party asking for mediation shall pay the costs of mediation, except
attorney fees, unless otherwise agreed. (3) In the event no party requests mediation, the
trial court may, on its own motion, order mediation. The trial court may allocate the costs
of mediation, except attorney fees, among the parties. (c) If any party fails to mediate as
required by this section, the court may apply such sanctions as it deems appropriate pursuant
to Rule 37 of the Alabama Rules of Civil Procedure. (d) A court shall not order...
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