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8-19-9
Section 8-19-9 Discovery of information. Before any action is commenced, the Attorney General
or the district attorneys may issue subpoenas to any person to appear and produce relevant
papers, documents, and physical evidence, and administer an oath or affirmation to any person,
in aid of any investigation or inquiry into possible violations of this chapter. Such subpoenas
shall be served in accordance with the appropriate Alabama Rules of Civil Procedure. Upon
failure of a person without lawful excuse to obey such subpoena, the Attorney General or district
attorney may apply to a court of competent jurisdiction for an order compelling compliance.
After an action is commenced, discovery may proceed in accordance with the Alabama Rules of
Civil Procedure. (Acts 1981, No. 81-355, p. 510, §9.)...
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25-9-22
Section 25-9-22 Witnesses at proceedings under chapter generally. (a) The chief has the authority
to administer oaths and to issue subpoenas requiring the attendance of witnesses to testify
under oath in any proceeding and to require witnesses to answer all questions propounded to
them. The sheriff or constable in the county in which such witnesses may reside or be found
shall execute subpoenas issued as above provided, and they shall each receive for their services
in executing such subpoenas the same fees as are allowed them respectively for executing subpoenas
in other cases. Any witnesses summoned as above mentioned shall be entitled to the same mileage
and per diem as is now allowed by law to such witnesses attending trials in the circuit court.
(b) If any witness subpoenaed as above mentioned shall fail to attend without good excuse,
in accordance with the subpoena served on him, or shall fail to testify when attending, the
chief before whom said proceedings are being had shall...
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34-14A-8.1
Section 34-14A-8.1 Public records; confidential records and closed proceedings; discovery.
(a) All administrative complaints, orders to show cause, notices of hearings, and statements
of charges, and all amendments thereto, and all orders of the board which are dispositive
of the issues raised thereby, shall be public record. (b) All records, reports, documents,
photographs, and information contained in complaint and investigation files, shall be confidential,
shall not be public record, and shall not be available for court subpoena or for discovery
in civil proceedings. Disciplinary action proceedings shall be closed. The record in such
proceedings, including witness testimony, exhibits, and pleadings, shall be confidential,
shall not be a public record, and shall not be available for court subpoena or for discovery
in civil proceedings. (c) Nothing contained herein shall apply to records made in the regular
course of business of an individual. Documents or records otherwise available...
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44-1-54
Section 44-1-54 Court review of board orders or decisions. Any person aggrieved by any final
order or decision of the youth services board may have a review of such order or decision
in the circuit court of Montgomery county, provided a complaint is filed within 15 days of
the date of such order or decision, charging that such order or decision was arbitrary, illegal
or capricious. The review granted by this section shall be cumulative with that provided elsewhere
in the laws of Alabama. (Acts 1973, No. 816, p. 1261, §17.)...
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12-1-23
Section 12-1-23 Reasonable accommodation for those in need of special services, etc. (a) If
any plaintiff, defendant, or witness in any proceeding before the district court, circuit
court, appellate court, or grand jury is in need of special services or equipment as required
by the Americans with Disabilities Act [P.L. 101-366], the court shall make every effort to
make reasonable accommodation for the services or equipment to allow the person to fully participate
in the proceedings. All costs for the services or equipment shall be approved in advance by
the court. (b) The costs incurred by the district, circuit, or appellate court providing special
services or equipment, when approved by the court in advance, shall be forwarded by the clerk
of the court to the State Comptroller to be paid out of funds within the State General Fund
known as "court assessed costs not provided for." Nothing in this section shall
prohibit the court from taxing the costs against one or more of the parties...
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12-21-401
Section 12-21-401 Definitions. In this article: (1) "Foreign jurisdiction" means
a state other than this state. (2) "Foreign subpoena" means a subpoena issued in
a civil action under authority of a court of record of a foreign jurisdiction. (3) "Person"
means an individual, corporation, business trust, estate, trust, partnership, limited liability
company, association, joint venture, public corporation, government, or governmental subdivision,
agency or instrumentality, or any other legal or commercial entity. (4) "State"
means a state of the United States, the District of Columbia, Puerto Rico, the United States
Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession
subject to the jurisdiction of the United States. (5) "Subpoena" means a document,
however denominated, issued in a civil action under authority of a court of record requiring
a person to: (A) Attend and give testimony at a deposition. (B) Produce and permit inspection
and copying of...
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13A-6-161
Section 13A-6-161 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Before the Attorney General
commences any action under this article, the Attorney General may issue subpoenas to any person
to appear and produce relevant papers, documents, and physical evidence, and administer an
oath or affirmation to any person, in aid of any investigation or inquiry into possible violations
of this article. The subpoenas shall be served in accordance with the appropriate Alabama
Rules of Civil Procedure. Upon failure of a person without lawful excuse to obey such subpoena,
the Attorney General may apply to a court of competent jurisdiction for an order compelling
compliance. After an action is commenced, discovery may proceed in accordance with the Alabama
Rules of Civil Procedure. (Act 2018-506, §4.)...
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15-13-163
Section 15-13-163 Revocation by circuit judges. The presiding judge of the circuit court may,
and on verified motion of the prosecutor shall, subpoena the representatives of the professional
surety company or professional bail company or other persons for examination under oath concerning
matters relating to any affidavit or certificate filed, outstanding forfeitures, and all relevant
books, tax returns, and financial data. Authority to act as a professional surety company
or a professional bail company may be revoked or withheld by the court for violation of this
chapter, any rule promulgated by the Supreme Court of the State of Alabama, in accordance
with this chapter, for failure to submit subpoenaed documents, for failure to answer truthfully
all relevant questions asked by the court, or in the event the professional surety company
or professional bail company has outstanding and unpaid final forfeitures anywhere, or in
any court in the State of Alabama. As used herein, outstanding...
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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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45-49A-63.194
Section 45-49A-63.194 Appeals from board decisions. (a) Within 10 days after any final decision
of the board, the city or any person aggrieved at the decision of the board may appeal the
decision to the Circuit Court of Mobile County by filing a notice and request for an appeal
with the clerk of the circuit court and serving notice of the appeal upon any member of the
board. The appeal shall be heard at the earliest possible date by a judge sitting without
a jury. It shall not be necessary to enter exceptions to the rulings of the board and no bond
shall be required for such an appeal. (b) The circuit court appeal shall not constitute a
proceeding de novo; instead, the court shall review the board's decision using the same standard
of review the court uses in deciding common law writs of certiorari. (c) An appeal may be
taken from any decision of the circuit court to the court of appeals or the Supreme Court
of Alabama as now provided by law, under the same standard of review...
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