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12-17-93
Section 12-17-93 Authority. Clerks of the circuit court have authority: (1) To administer oaths
and take acknowledgments and affidavits in all cases in which the authority to administer
such oath or take such affidavit is not confined to some other officer. (2) To appoint deputies,
with full power to transact all business of such clerks, such deputies first taking an oath
to support the Constitution and laws of this state and faithfully to discharge the duties
of deputy clerks of the court for which they act. (3) To receive the amount of any judgment
entered in the courts of which they are clerks, either before or after the issue of execution
thereon. (4) To exercise such other powers as are, or may be, conferred by law, including
administrative rules of procedure promulgated by order of the Supreme Court of Alabama. (Code
1852, §651; Code 1867, §771; Code 1876, §676;Code 1886, §767; Code 1896, §933; Code 1907,
§3271; Code 1923, §6723; Code 1940, T. 13, §197.)...
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15-15-4
Section 15-15-4 Forms of pleas, replications, rejoinders and demurrers. The following forms
of pleas, replications, rejoinders and demurrers are sufficient in all cases in which they
are applicable, but they are not exclusive, and any other form sufficient at common law, under
the statutes or any analogous or kindred pleadings, where no form is provided in this Code,
may be used: (1) CAPTION. - The following caption may be used as a part of each of the following
forms: The State of Alabama, v. In _____ court, ____County. A.B. (2) GENERAL FORM OF PLEA.
- Comes the defendant (in his own proper person, or by attorney) and for plea says: The state
ought not further to prosecute this indictment against him because _____ (stating matter constituting
the plea). And this the defendant is ready to verify and prays judgment that he be discharged
(or it may conclude, "and of this he puts himself upon the country," whenever appropriate).
___, defendant or attorney for defendant. (3)...
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15-9-40
Section 15-9-40 Arrest prior to requisition. Whenever any person within this state shall be
charged on the oath of any credible person before any district or circuit court judge of this
state with the commission of any crime in any other state and, except in cases arising under
Section 15-9-34, with having fled from justice; or whenever complaint shall have been made
before any district or circuit court judge in this state setting forth on the affidavit of
any credible person in another state that a crime has been committed in such other state,
that the accused has been charged in such state with the commission of the crime and, except
in cases arising under Section 15-9-34, that he has fled from justice and is believed to have
been found in this state, the judge shall issue a warrant directed to the sheriff of the county
in which the oath or complaint is filed, directing him to apprehend the person charged, wherever
he may be found in this state, and bring him before the same or any...
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32-8-2
Section 32-8-2 Definitions. For the purpose of this chapter, the following terms shall have
the meanings respectively ascribed to them in this section, except where the context clearly
indicates a different meaning: (1) CURRENT ADDRESS. A new address different from the address
shown on the application or on the certificate of title. The owner, within 30 days after the
address is changed from that shown on the application or on the certificate of title, shall
notify the department of the change of address in the manner prescribed by the department.
(2) DEALER. A person licensed as an automobile or motor vehicle dealer, or travel trailer
dealer and engaged regularly in the business of buying, selling, or exchanging motor vehicles,
trailers, semitrailers, trucks, tractors or other character of commercial or industrial motor
vehicles, or travel trailers in this state, and having in this state an established place
of business. (3) DEPARTMENT. The Department of Revenue of this state. (4)...
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45-28-82.20
Section 45-28-82.20 Definitions. For purposes of this subpart, the following terms shall have
the following meanings: (1) DISTRICT ATTORNEY. The District Attorney of the Sixteenth Judicial
Circuit in Etowah County, or any of his or her staff. (2) LAW ENFORCEMENT or LAW ENFORCEMENT
OFFICER. Any person who is employed by an agency or department whose purpose is to protect
the citizens, including, but not limited to, police personnel, sheriff personnel, a district
attorney investigator, Department of Human Resources personnel, parole and probation personnel,
community corrections office personnel, and court referral office personnel, whether that
agency or department is in this state or located elsewhere. (3) OFFENDER. Any person charged
with a crime as defined by this code, or municipal ordinance, which was committed in the jurisdiction
of the state. (4) SERIOUS PHYSICAL INJURY. As that term is defined by Section 13A-1-2.
(Act 2011-606, p. 1342, §1.)...
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45-41-83.11
Section 45-41-83.11 Drug court program. (a) The following words shall have the following meanings
for the drug court program: (1) DRUG COURT TEAM. A diverse group of persons consisting of
all of the following: a. A circuit judge appointed by the board. b. The district attorney
or his or her designee. c. A public defender or member of the criminal defense bar appointed
by the board. d. A law enforcement officer appointed by the board. e. The drug court coordinator.
f. A representative from the corrections division of the Lee County Sheriff's office appointed
by the board. g. A court referral officer or state probation officer appointed by the board.
h. Any other person selected by a majority of the drug court team. (2) DRUG OFFENDER. A person
charged with or convicted of an offense involving the use, abuse, or possession of drugs or
drug paraphernalia. Such persons do not include those currently charged with or convicted
of driving or boating under the influence in any state, local,...
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45-45-233.35
Section 45-45-233.35 Madison County Work Release and Pretrial Release Commission. (a) There
is hereby created a body to be known as the Madison County Work Release and Pretrial Release
Commission, hereinafter called the commission. The commission shall be composed of eight persons,
including the following: The Sheriff of Madison County, the District Attorney of the Twenty-third
Judicial Circuit, a circuit judge from the Twenty-third Judicial Circuit to be appointed by
the presiding judge of the circuit, a judge of the District Court of Madison County to be
appointed by the presiding district court judge in Madison County, a person appointed by the
Madison County Commission, a person appointed by the City Council of the City of Huntsville,
the Circuit Court Clerk of Madison County, and one court administrator of the Twenty-third
Judicial Circuit. (b) The commission shall have the duty to implement this subpart and to
generally superintend all administrative functions pursuant hereto,...
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6-6-40
Section 6-6-40 Form. The form of attachment must be in substance as follows, but no objection
shall be taken for any defect in form if the essential matters are set forth: The State of
Alabama, ___ county To any sheriff of the State of Alabama: Whereas A. B. (or C. D., as the
agent or attorney of A. B., as the case may be) hath complained on oath to me, E. F., judge
of the circuit court of said state (or district court judge, or judge of the probate court
or clerk of the circuit court of said county or as the case may be), that G. H. is (or will
be, as the case may be) justly indebted to the plaintiff in the sum of _____ dollars, and
the plaintiff having made affidavit and given bond as required by law in such cases, you are
hereby commanded to attach so much of the estate of G. H. as will be of value to satisfy the
said debt and costs, according to the complaint, and such estate, unless replevied, so to
secure that the same may be liable to further proceedings thereon, to be had...
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13A-11-52
Section 13A-11-52 Carrying pistol on private property; who may carry pistol. Except as otherwise
provided in this article, no person shall carry a pistol about his person on private property
not his own or under his control unless the person possesses a valid concealed weapon permit
or the person has the consent of the owner or legal possessor of the premises; but this section
shall not apply to any law enforcement officer in the lawful discharge of the duties of his
office, or to United States marshal or his deputies, rural free delivery mail carriers in
the discharge of their duties as such, bonded constables in the discharge of their duties
as such, conductors, railway mail clerks and express messengers in the discharge of their
duties. (Acts 1919, No. 204, p. 196; Code 1923, §3487; Code 1940, T. 14, §163; Code 1975,
§13-6-122; Act 2013-283, p. 938, §2.)...
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15-18-80
Section 15-18-80 Issuance and delivery of warrant for execution; delivery of condemned person;
return of receipt; compensation of sheriff. (a) Whenever any person is sentenced to death,
the clerk of the court in which the sentence is pronounced shall, within 10 days after sentence
has been pronounced, issue a warrant under the seal of the court for the execution of the
sentence of death, which warrant shall recite the fact of conviction, setting forth specifically
the offense, the judgment of the court and the time fixed for his execution, and which shall
be directed to the warden of the William C. Holman unit of the prison system at Atmore, commanding
him to proceed, at the time and place named in the sentence, to carry the same into execution,
as provided in Section 15-18-82, and the clerk shall deliver such warrant to the sheriff of
the county in which such judgment of conviction was had, to be by him delivered to the said
warden, together with the condemned person as provided in...
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