35-6-44
Section 35-6-44 Proceedings against unknown persons and certain other parties defendant. When
it is necessary to make any persons defendant to a petition in the probate court filed for
the partition of property or for a sale thereof because it cannot be equitably divided, and
the names of all or any of such persons are unknown to the petitioner and cannot be ascertained
on diligent inquiry, if the petitioner shall state in a petition, or in an affidavit thereto
annexed, that the names of such persons are unknown, and that he has made diligent inquiry
to ascertain the same, proceedings may be had against them without naming them; and the judge
of probate must make publication as in case of nonresident defendants, describing such unknown
parties as near as may be by the character in which they are sued, and with reference to their
title or interest in the property sought to be partitioned or to be sold for division of the
proceeds. Should petitioner, after exercising reasonable diligence...
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35-6-25
Section 35-6-25 Service of process on certain parties defendant; guardian ad litem; judgment
not affected by death of defendant; section cumulative. (a) When it is necessary to make any
person a party defendant in any partition proceedings brought under the provisions of this
article for partition sale of land, or any interest therein and the plaintiff, after exercising
reasonable diligence, is unable to locate the whereabouts, and to ascertain whether any such
defendant is alive at the time of the filing of the complaint, the facts showing just what
diligence the plaintiff has exercised must be specifically alleged in the complaint, and such
defendant may then be made a party, by publication as in the case of unknown defendants, in
his name followed by the words: " ____ and his heirs or devisees, if deceased."
If the defendant so sued does not appear in person or by attorney before expiration of the
time for filing pleadings in the case, the court shall appoint a guardian ad litem to...
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28-4-277
Section 28-4-277 Forfeiture and condemnation proceedings generally - Appeals from judgment
of district court - Persons entitled to appeal; bond for costs of appeal required; right to
jury trial; proceedings in circuit court. Any person appearing and becoming a party defendant
as provided in this article may appeal from the judgment of forfeiture and condemnation as
to the whole or any part of the liquors and beverages and vessels and receptacles claimed
by him and adjudged forfeited to the circuit court as in other cases appealed from a district
court to a circuit court, the appeal to be granted upon parties giving bond for the cost of
appeal, that will be incurred in the circuit court. Upon written demand being made therefor
endorsed on the appeal bond at the time said appeal is taken, the appellants may be entitled
to a jury for the trial of the action in the circuit court. Said circuit court shall proceed
with the case de novo and may cause suitable issues to be framed for the...
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43-2-447
Section 43-2-447 Notice to unknown parties; appointment of special guardian; disposition of
shares. If it shall be averred in an application for the sale of lands for the payment of
debts or for division, that the names of any of the heirs or devisees are unknown, that the
petitioner has made diligent inquiry and cannot ascertain the same, the cause may proceed
against them without naming them; but the court must make publication as in case of nonresidents,
describing such unknown parties as near as may be by the character in which they are made
parties and with reference to their interest in the lands sought to be sold, and must appoint
a suitable and competent person not of kin or counsel to the petitioner, as special guardian
to represent such unknown parties. The shares or interests of such unknown parties, in the
proceeds of lands sold for division, shall be paid into court and there retained and paid
out to the proper parties when ascertained. (Code 1896, §162; Code 1907,...
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3-5-8
Section 3-5-8 Posting of notice as to taking, etc., and hearing thereupon; proceedings where
owner appears and claims livestock or animal generally; proceedings and entry of judgment
for sale where livestock or animal not claimed and adjudged to be unlawfully at large generally.
(a) The district court shall give notice, by posting in three public places in the county,
setting forth the fact of such taking up, the description of the livestock or animal and the
fact that the owner is unknown or, if known, that he cannot be located, and notifying any
person claiming to be the owner of such livestock or animal to appear before the court at
a place named not less than three days nor more than six days from the date of such notice
and prove such claim of ownership. (b) If such person appears at any time and if the judge
of the district court is satisfied that such person is the actual owner of such livestock
or animal, then the judge shall require the owner of the livestock or animal to pay...
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30-5-7
modification of a protection order: (1) Enjoin the defendant from threatening to commit or
committing acts of abuse, as defined in this chapter, against the plaintiff or children of
the plaintiff, and any other person designated by the court. (2)a. Restrain and enjoin the
defendant from harassing, stalking, annoying, threatening, or engaging in conduct that would
place the plaintiff, minors, children of the plaintiff, or any other person designated by
the court in reasonable fear of bodily injury or from contacting the plaintiff or children
of the plaintiff. b. For the purposes of this subdivision, contacting includes, but is not
limited to, communicating with the victim verbally or in any written form, either in person,
telephonically, electronically, or in any other manner, either directly or indirectly through
a third person. (3) Restrain and enjoin the defendant from having physical or violent contact
with the plaintiff or the plaintiff's property, or from going within a...
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6-6-561
Section 6-6-561 Contents of complaint. A complaint under this division must be brought against
the land or the interest therein sought to be established. It must describe said land or the
interest therein sought to be established, with certainty, and state specifically what claim,
title, or interest in, or to, said lands the plaintiff claims to have and from whom and how
such interest or title so claimed in, or to, said lands was obtained. It shall also make party
or parties defendant to said complaint all persons against whom the plaintiff claims title
to said lands, or the interest therein sought to be established, and if the names of such
persons cannot be ascertained by the plaintiff with certainty, they may be designated and
joined as unknown parties. Such complaint shall also make party or parties defendant thereto
all persons who are known to the plaintiff to have had possession of said lands, or any part
thereof, within 10 years next preceding the filing of the complaint, or...
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14-15-4
memoranda, a court may rule on exceptions and motions without holding a hearing. (3) Hearings
may be conducted at the facility in which the prisoner is currently confined subject to agreement
by the state. (4) The court shall allow counsel to participate by telephone, video conference,
or other telecommunications technology in any hearing held at the facility to the extent practicable.
(g) No pro se civil action by a prisoner may assert a claim under state law for mental or
emotional injury suffered while in custody without a prior showing of physical injury.
(h)(1) The pro se civil actions of more than one prisoner may not be consolidated, and a prisoner's
action that is filed or prosecuted pro se may not assert a class action. (2) If a pro se civil
action names more than one plaintiff or asserts a pro se class action, the actions of any
plaintiff, other than the first named plaintiff, shall be dismissed without prejudice. (i)
No prisoner may file a petition for writ of...
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6-6-640
Section 6-6-640 Commencement by petition; answer thereto; amendments; relief upon issues presented.
(a) All applications for mandamus, prohibition, certiorari, or other remedial writ of a supervisory
nature shall be commenced by a petition, verified by affidavit, in which the facts shall be
stated as briefly and succinctly as the case will admit of, and any defendant may answer as
to all such matters as may be necessary to his defense; any of the pleadings in such proceedings
may be amended as often as occasion may require to attain the ends of justice and by striking
out parties and adding new parties; and upon the issues thus presented, the court shall award
the relief, if any, to which the petitioner is entitled. (b) In any such proceeding, the answer
shall not be conclusive, but the truth or sufficiency thereof may be put in issue and controverted.
(Code 1886, §§3128, 3159; Code 1896, §§2825, 2826; Code 1907, §§4804, 4805; Code 1923,
§§8978, 8979; Code 1940, T. 7, §§1072,...
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24-9-8
The court, on the request of a party or as needed to allow completion of service of process
on all interested persons, and to allow those persons 30 days after service of process to
file an answer or other responsive pleadings to the petition, may extend the 90-day period
for good cause shown. (e) The authority shall serve all persons having record title or interest
in or lien upon the property with a notice of the hearing on the petition to quiet title.
Such service shall be attempted by personal service and by certified mail; provided
if service is perfected by either method, the service will be sufficient to provide service
of process upon all persons having record title or interest in or lien upon the property.
If the persons entitled to service are located outside the county, they may be served by certified
mail. (f) The notice required under subsection (e) shall include: (1) The date on which the
authority recorded, under subsection (a), the notice of the pending quiet title...
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