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12-19-70
Section 12-19-70 Circuit and district court docket fee - Creation; collection; waiver and taxation
as costs at conclusion of case; findings; notice. (a) There shall be a consolidated civil
filing fee, known as a docket fee, collected from a plaintiff at the time a complaint is filed
in circuit court or in district court. (b) The docket fee may be waived initially and taxed
as costs at the conclusion of the case if the court finds that payment of the fee will constitute
a substantial hardship pursuant to the income guidelines provided in paragraphs a. and b.
of subdivision (4) of Section 15-12-1. A verified statement of substantial hardship, signed
by the party claiming hardship, shall be filed with the clerk of court. The accompanying pleading
shall be considered filed on the date that the verified statement of substantial hardship
is filed with the court. If, within 90 days of the filing, the court makes a written finding
that the party claiming hardship has the resources to pay the...
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15-18-86
Section 15-18-86 Procedure when condemned female believed pregnant. (a) If there is reason
to believe that a female convict is pregnant, the sheriff must, with the concurrence of a
judge of the circuit court, summon a jury of six disinterested persons, as many of whom must
be physicians as practicable. The sheriff must also give notice to the district attorney or,
in his absence, to any attorney who may be appointed by a circuit judge to represent the state
and who has authority to issue subpoenas for witnesses. (b) The jury, under the direction
of the sheriff or officer acting in his place, must proceed to ascertain the fact of pregnancy
and must state their conclusion in writing, signed by them and the sheriff. If such jury is
of opinion, and so find, that the convict is with child, the sheriff or officer acting in
his place must suspend the execution of the sentence and transmit the finding of the jury
to the Governor. (c) Whenever the Governor is satisfied that such convict is no...
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2-6-83
Section 2-6-83 Notice of resolution regarding issuance of securities; limitation of actions
to contest validity of securities; venue of actions under article. Upon the adoption by the
board of directors of the corporation of any resolution providing for the issuance of securities
under the provisions of this article, the corporation may, in its discretion, cause to be
published once a week for two consecutive weeks in a newspaper published and having general
circulation in the City of Montgomery, a notice in substantially the following form (the blanks
being first properly completed): "The Alabama Agricultural Markets and Coliseum Corporation
(an instrumentality of the State of Alabama), on the _____ day of ______, authorized the issuance
of $_____ principal amount of securities of the said corporation for purposes authorized in
the act of the Legislature of Alabama under which said corporation was organized. Any action
or proceeding questioning the validity of the said securities or...
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11-42-68
Section 11-42-68 Appeals from judgment of probate judge - Transmittal of papers to clerk of
circuit court; withdrawal of map and certified resolution from files of probate judge for
use in circuit court. If an appeal is taken, the judge of probate shall transmit all papers
in the action, except the map and certified resolution, to the clerk of the court to which
the appeal is taken, and such map and certified resolution, after the same have been recorded
by the judge of probate as provided in this article, may be withdrawn from the file in the
judge of probate's office by either party for use in the trial of the action in the circuit
court, but must be returned to the judge of probate immediately after the trial of said action
in the circuit court. (Code 1907, §1101; Code 1923, §1795; Code 1940, T. 37, §164.)...
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12-17-67
Section 12-17-67 Filling of vacancies. (a) In the event that a vacancy occurs in the judicial
office of the district court, until such vacancy has been filled by appointment as provided
by the Constitution, the presiding judge of the circuit shall designate a district or circuit
judge, including himself, within the circuit to serve as the district court judge for the
duration of such vacancy. (b) If a judge, who filed a request pursuant to subsection (b) of
Section 12-17-66 and has been designated to receive a commissioned term, or has been elected
as provided in this article, dies or becomes disqualified prior to January 16, 1977, or is
otherwise unable to assume office and such death, disability or refusal to serve occurs at
such a time that the judicial office created in Section 12-17-61 cannot be filled prior to
January 16, 1977, a vacancy shall be created in each such case. Any vacancy which exists on
January 16, 1977, shall be filled as provided by law. (Acts 1975, No. 1205, p....
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31-2A-26
Section 31-2A-26 (Article 26.) Military judge of a general or special court-martial. (a) A
military judge shall be detailed to each general and special court-martial. The military judge
shall preside over each open session of the court-martial to which the military judge has
been detailed. (b) A military judge shall be all of the following: (1) An active or retired
commissioned officer. (2) A member in good standing of the bar of the highest court of a state
or a member of the bar of a federal court for at least five years. (3) Either a certified
military judge or a judge of a court of competent jurisdiction who is approved by the Adjutant
General. (c) In the instance when a military judge is not a member of the bar of the highest
court of the state, the military judge shall be deemed admitted pro hac vice, subject to filing
a certificate with the state judge advocate setting forth such qualifications provided in
subsection (b) and with notice and approval of the State Bar and Chief...
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43-2-354
Section 43-2-354 Notice and hearing; judgment; costs; appeals. The personal representative
of the estate of a decedent may give notice in writing to the claimant or anyone having a
beneficial interest in a claim against the estate that such claim is disputed in whole or
in part; if in part, specifying the part disputed. Thereupon the judge of the court having
jurisdiction of the administration of the estate shall, on written application of either the
personal representative or the claimant, hear and pass on the validity of such claim, or part
thereof, first giving 10 days' notice of such hearing to the interested parties. If the claimant
in such proceeding shall fail to recover upon the disputed part of such claim, he shall be
taxed with the costs thereof. This section shall not apply to claims against estates declared
insolvent. If the judgment on any such claim is rendered by a probate court, either party
may, within 30 days after the rendition of such judgment, appeal to the circuit...
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43-8-194
Section 43-8-194 Depositions of witnesses; rules governing procedure. For the trial of such
contest, depositions of witnesses may be taken in like cases, for the same causes and in the
same manner, as depositions are taken in civil actions in the circuit court. In all matters
relating to the organization and impaneling of the jury, to the evidence, mode of proceeding
and investigation and determination of such contest, not specially provided for by this article,
the court shall proceed and be governed by the same rules and regulations, so far as applicable,
as prevail in courts of law in civil cases. (Code 1852, §§1641, 1643; Code 1867, §§1960,
1962; Code 1876, §§2324, 2326; Code 1886, §1994; Code 1896, §4292; Code 1907, §6201;
Code 1923, §10630; Code 1940, T. 61, §57; Code 1975, §43-1-74.)...
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12-17-330
Section 12-17-330 Appointment; rehearing; ratification of findings and recommendations. (a)
The Administrative Director of Courts may authorize one or more referee positions in any judicial
circuit on either a full-time or a part-time basis upon submission of a written request by
the presiding circuit court judge and upon consideration of funding and the number of child
support cases in the domestic relations division of the circuit court, including cases brought
pursuant to Title IV-D of the Social Security Act. Once the Administrative Director of Courts
approves the request, the presiding judge of the circuit court may appoint an attorney the
judge believes to be qualified to fill the position, subject to the approval of the Administrative
Director of Courts. The amount to be paid the referee and the manner of payment shall be determined
by the Administrative Director of Courts. (b) The presiding judge of the circuit court may
direct that the referee hear child support cases in the...
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12-18-4
Section 12-18-4 Entitlement to retirement and receipt of pension of justices of Supreme Court,
judges of courts of appeals and judges of circuit courts generally; retirement order. Every
justice of the Supreme Court, judge of one of the courts of appeals or judge of a circuit
court of the state who meets the requirements for retirement prescribed in this article shall
be entitled to be retired and to receive a pension as hereinafter provided. Such retirement
shall be on order of the Board of Control of the Judicial Retirement Fund and upon the request
of the member to be retired or on an order signed by a majority of the members of the Supreme
Court. (Acts 1973, No. 1163, p. 1948, §4.)...
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