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12-21-135.1
Section 12-21-135.1 Video testimony by certain witnesses. (a) This section shall be known as
the "Alabama Armed Services Accommodation Act." (b) The Legislature finds it to
be an important matter of public policy that an accommodation be made for military members
who are asked to testify in civil or criminal trials in this state but are unable to attend
in person. The purpose of this section is to ease the burdens on military personnel and their
families brought on by the duty of appearing as a witness in a trial in this state when summoned.
The purpose of this section is also to allow members of the armed services to assist in trials
in this state as witnesses without interrupting their military service, while protecting the
rights of all parties in civil or criminal litigation. The purpose of this section is also
to better enable the fact-finder to obtain crucial evidence and will aid in the expeditious
resolution of cases in this state by providing a procedure in which testimony of...
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18-1A-94
Section 18-1A-94 Burden of proof at hearing on preliminary objections. (a) Except as provided
in subsection (b), the plaintiff has the burden of proof on all issues of fact raised in connection
with a preliminary objection. (b) If in support of a preliminary objection a defendant alleges
fraud, corruption, bad faith, or gross abuse of discretion on the part of the plaintiff or
any of its officers, agents, or employees, the defendant has the burden of proving by clear
and convincing evidence the facts relating to that particular allegation. (Acts 1985, No.
85-548, p. 802, ยง505.)...
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43-8-198
Section 43-8-198 Transfer of contest to circuit court; appeal from judgment of circuit court;
certification of judgment, etc., to probate court. Upon the demand of any party to the contest,
made in writing at the time of filing the initial pleading, the probate court, or the judge
thereof, must enter an order transferring the contest to the circuit court of the county in
which the contest is made, and must certify all papers and documents pertaining to the contest
to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit
court and a special session of said court may be called for the trial of said contest or,
said contest may be tried by said circuit court at any special or regular session of said
court. The issues must be made up in the circuit court as if the trial were to be had in the
probate court, and the trial had in all other respects as trials in other civil cases in the
circuit court. An appeal to the supreme court may be taken from the...
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12-22-190
Section 12-22-190 Purpose of division. The Legislature is aware that it has become settled
law that a state may or may not authorize appeals from judgments of convictions in criminal
cases and certain other related proceedings involving the life, liberty or property of a person
convicted of a criminal offense; further, that if a state does provide for appeals in criminal
cases and such other cases, defendants or petitioners adjudged guilty of crimes and who are
without funds and unable to pay the fees of the court reporter for transcribing the evidence
or the fees of the clerk for preparing the record for review on appeal may be denied equal
protection of the law or due process of law. It is the purpose of this division to provide
such defendants or petitioners with a transcript of the evidence, or a part thereof, and a
record for a proper and equal review in certain criminal cases and such other cases wherein
it is made to appear that a convicted defendant is indigent and desires to...
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34-3-43
Section 34-3-43 Powers generally. (a) The Board of Commissioners shall have power: (1) To determine,
by rules, the qualifications and requirements for admission to the practice of law; (2) To
conduct through a Board of Examiners the examination of applicants; and such Board of Examiners
shall certify to the Supreme Court the names of the applicants found to be qualified; such
certifications shall entitle such persons to be enrolled in the bar of the state and to practice
law; provided, that the fees required are paid; (3) Subject to the approval of the supreme
court, to formulate rules governing the conduct of all persons admitted to practice and to
investigate, or cause to be investigated, and to pass upon all complaints that may be made
concerning the professional conduct of any person who has been, or may hereafter be, admitted
to the practice of the law; (4) Subject to the approval of the supreme court, to formulate
rules governing the reinstatement of members of the bar who have...
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5-2A-63
Section 5-2A-63 Savings and Loan Board; appeals from orders, etc., of commissioner or board.
(a) There is hereby created a Savings and Loan Board, consisting of the Savings and Loan Commissioner,
who shall be the ex officio chairman of the board and four persons who shall be appointed
by the Governor and who shall be persons with actual practical experience for at least three
years in the operation and management of an institution of the savings and loan type. The
members of the board shall serve without compensation; except that members shall be paid their
travelling expenses in connection with the performance of their duties as members of the board
plus $10.00 per diem while engaged in the performance of such duties. Such travelling expenses
shall be paid out of the treasury. The board shall have such rights, powers and privileges
and shall be subject to such duties as are provided by Chapter 16 of this title. The board
shall maintain in the office of the commissioner permanent...
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12-15-310
Section 12-15-310 Conduct of adjudicatory hearings. (a) An adjudicatory hearing is a hearing
at which evidence is presented for a juvenile court to determine if a child is dependent.
At the commencement of the hearing, if the parties are not represented by counsel, they shall
be informed of the specific allegations in the petition. The parties shall be permitted to
admit or deny the allegations prior to the taking of testimony. (b) If the allegations are
denied by the parties or if they fail to respond, the juvenile court shall proceed to hear
evidence on the petition. The juvenile court shall record its findings on whether the child
is dependent. If the juvenile court finds that the allegations in the petition have not been
proven by clear and convincing evidence, the juvenile court shall dismiss the petition. (c)
A statement made by a child under the age of 12 describing any act of child abuse committed
against the child, if it is not otherwise admissible by statute or court rule, is...
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12-17-275
Section 12-17-275 Duties. The official court reporter shall attend in person, except as otherwise
herein provided, the sessions of court held in the circuit for which he is appointed, and
in every case, where directed by the judge or requested by a party thereto, he shall take
full stenographic notes of the oral testimony and proceedings, except argument of counsel,
and note the order in which all documentary evidence is introduced, all objections of counsel,
the rulings of the court thereon and exceptions taken or reserved thereto. When directed by
the judge, he shall attend the investigations of the grand jury and there take such notes
of the testimony as directed by the district attorney or foreman. The original stenographic
notes of such court reporter in each case or proceeding officially reported shall be preserved
by him and treated as a part of the records of the respective courts, and upon his retirement
from office, shall be turned over to the clerks of such courts. In cases...
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34-37-12
Section 34-37-12 Revocation of certificates. The board may revoke or suspend any certificate
or registration if obtained through concealment, misstatement, or misrepresentation of any
material fact in the application for such certificate. The board may discipline any person
as defined in Section 34-37-1 for a violation of any law or ordinance pertaining to the business
of the holder and may impose fines, administrative fees, or penalties not to exceed two thousand
dollars $2,000 for each violation. The board may also order restitution. Before a certificate
or registration may be suspended or revoked, the holder thereof shall have notice in writing,
enumerating the charges against him or her, and be entitled to a hearing by the board not
sooner than five days from receipt of notice. The holder of such certificate or registration
shall be given an opportunity to present testimony, oral or written, and right of cross-examination
and representation by counsel. All testimony shall be given...
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45-27-120.09
Section 45-27-120.09 Appeals from final personnel actions. (a) The personnel board shall hear
all appeals from final personnel action as requested by an affected and eligible employee,
an appointing authority, or the county. Eligible employees shall include classified employees
and may include other employees as authorized by the county commission so long as such inclusion
does not violate the intent of this article. The board shall hear all appeals from final personnel
action in accordance with guidelines approved by the county commission. Final action may be
from administrative action; action based on the rules, policies, and procedures of the county;
or disciplinary action. All appeals shall be made in good faith and timely filed. Willfully
filing an appeal based on false facts or solely for the purpose of harassment may be the basis
for disciplinary action. (b) Hearings before the personnel board shall be full, evidentiary
hearings if the parties wish. However, hearings are not...
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