31-2-100
Section 31-2-100 Courts-martial for members of National Guard - Subpoena of witnesses.
A court-martial may subpoena any witness residing within 100 miles of the place where the
court is sitting to appear and testify before it, and the sheriff, on receiving any subpoena
issued by direction of the court-martial and signed by the judge advocate thereof, or by the
officer holding a summary court, shall make service and return of service as provided by law
in criminal cases. Any person failing to appear at any court-martial in this state to testify
in accordance with the subpoena issued by such court-martial, without lawful excuse, is guilty
of a misdemeanor and shall, upon conviction, be fined not more than $100 or imprisoned for
not more than 60 days in the county jail, either or both. (Acts 1936, Ex. Sess., No. 143,
p. 105; Code 1940, T. 35, §136; Acts 1973, No. 1038, p. 1572, §101.)...
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45-4-232
Section 45-4-232 Service of witness subpoenas by mail. In Bibb County, the sheriff shall
execute every order from every court in Bibb County to subpoena witnesses as provided in Section
12-21-180, or the service may be made by first class mail as follows: It shall be the duty
of the sheriff of the county to enclose the subpoenas in an envelope addressed to the person
to be served and place all necessary postage and a return address thereon. In the event the
witness subpoena is returned to the sheriff by the post office department of the United States
without delivery, the subpoena shall be by the sheriff returned NOT FOUND. All witness subpoenas
not returned to the sheriff by the post office department shall be considered for all purposes
as sufficient personal and legal service. It is specifically provided, however, that, if the
party calling a witness expressly requests in writing that the subpoena be delivered to such
witness personally by the sheriff or one of his or her deputies...
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15-4-4
Section 15-4-4 Service of subpoenas; proceedings against defaulting witnesses; endorsement
as presumptive evidence of default. (a) In an inquest under this chapter, the sheriff or any
constable must serve subpoenas for witnesses or they may be served by the coroner. (b) If
any witness, being subpoenaed, fails to attend, the coroner must endorse on the subpoena his
default, sign his name thereto and return the same to the clerk of the circuit court of the
county within five days thereafter, and such witness must be proceeded against in such court,
in the name of the state, as if he were a defaulter therein, the endorsement of the coroner
being presumptive evidence of the default. (Code 1852, §815; Code 1867, §4366; Code 1876,
§3994; Code 1886, §4804; Code 1896, §4927; Code 1907, §7165; Code 1923, §4560; Code 1940,
T. 15, §79.)...
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15-6-20
Section 15-6-20 Examination of complainant and witnesses; form of affidavit. (a) Whenever
complaint is made to a judge of a circuit, district or municipal court that any person has
threatened or is about to commit an offense on the person or property of another, such judge
must examine the complainant and any witness he may produce on oath, reduce such examination
to writing and cause it to be subscribed by the party so examined. (b) The affidavit may be
after the following form: "State of Alabama, ___ County. Before me, ___,a (circuit, district
or municipal) judge (setting out his name and office) in and for said county and state, personally
appeared A. B., who, being duly sworn, deposes and says that C. D. has threatened to assault
and beat him (or is about) to ___ (here set forth the particular offense threatened or about
to be committed) on the person or property of affiant (or E. F., a third person, as the case
may be.) (Signed) A. B. Sworn to and subscribed...
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11-68-10
Section 11-68-10 Appeal of denial to circuit court. Any person having a request for
a certificate of appropriateness denied by the historic preservation commission, or architectural
board as hereinafter provided, may appeal such denial to the circuit court of the county in
which the commission exists. (Acts 1989, No. 89-536, p. 1116, §10.)...
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23-1-368
Section 23-1-368 Investigations; administration of oaths; subpoena of witnesses; enforcement
of subpoena. The director may conduct investigations and hold inquiries relating to this article.
All investigations conducted shall be open to the public. The director may administer oaths
and affirmations, certify official acts, issue subpoenas, and compel the attendance and testimony
of witnesses and the production of papers, books, and documents. In case of failure to comply
with any subpoena or order issued under the authority granted by this article, the director
may invoke the aid of any circuit court of the state. The court may order the witness to comply
with the requirements of the subpoena or order or to give evidence relating to the matter
in question. Any failure to obey the order of the court may be punished by the court as contempt
thereof. (Act 2000-220; p. 328, §21.)...
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31-2A-47
Section 31-2A-47 (Article 47.) Refusal to appear or testify. (a) Any person not subject
to this code who does all of the following may be punished by the military court in the same
manner as a criminal court of the state: (1) Has been duly subpoenaed to appear as a witness
or to produce books and records before a court-martial or court of inquiry, or before any
military or civil officer designated to take a deposition to be read in evidence before such
a court. (2) Has been duly paid or tendered the fees and mileage of a witness at the rates
allowed to witnesses attending a criminal court of the state. (3) Willfully neglects or refuses
to appear, or refuses to qualify as a witness or to testify or to produce any evidence which
that person may have been legally subpoenaed to produce. (b) The fees and mileage of witnesses
shall be advanced or paid out of the appropriations for the compensation of witnesses. (c)
At the request of the military judge or the convening authority and upon...
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40-2-20
Section 40-2-20 Witnesses - Incriminating testimony; perjury. No witness shall be excused
from attending or testifying or from producing books, papers, records, accounts, and other
documents before the department or in obedience to the subpoena issued by or in the name of
the department on the ground or for the reason that the testimony, documentary or otherwise,
required of him may tend to incriminate him or subject him to penalty or forfeiture. But no
person shall be prosecuted or subject to any penalty or forfeiture for or on account of any
transaction, matter, or thing concerning which he may testify or produce evidence, documentary
or otherwise, before the commission or in obedience to its subpoena, but no person so testifying
shall be exempt from prosecution and punishment for perjury committed in so testifying. (Acts
1935, No. 194, p. 256; Code 1940, T. 51, §137.)...
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36-26-41
Section 36-26-41 Failure of witnesses to appear and testify, etc., at investigations
or hearings; fees of witnesses; requirement of appearance, etc., of witnesses, etc., before
board; giving of false testimony under oath. Any person who shall be served with a subpoena,
issued in the course of an investigation or hearing conducted under any provision of this
article, to appear and testify or to produce books and papers who shall, without good cause,
disobey or neglect to obey any such subpoena shall be guilty of a misdemeanor. The fees of
witnesses for attendance and travel shall be the same as fees of witnesses before the courts
of record and shall be paid from the appropriation for the expenses of the board. Any judge
of a court of record, either in term time or vacation, upon application of a member of the
board or the director, shall compel the attendance of witnesses, the production of books and
papers and the giving of testimony before the board or an agent thereof by attachment...
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41-5A-14
Section 41-5A-14 Subpoenas. (a) The chief examiner may issue subpoenas to compel the
attendance of witnesses and production of papers necessary as evidence in connection with
a dispute, claim, examination, audit, or the administration of this chapter. (b) In case a
person refuses to comply with a subpoena, the chief examiner may invoke the aid of any circuit
court with jurisdiction in order that the testimony or evidence be produced. Upon proper showing,
the court shall issue a subpoena or order requiring the person to appear before the chief
examiner or his or her representative and produce all evidence and give all testimony relating
to the matter at issue. (c) A person failing to comply with an order may be punished by the
court for contempt. (Act 2018-129, §1.)...
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