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12-18-81
Section 12-18-81 Right of election of probate judges holding office on or after December 27,
1973, to come under provisions of Article 1 of chapter; filing of instrument as to election
with Clerk of Supreme Court, county commission and Secretary-Treasurer of State Employees'
Retirement System; applicability of provisions of Article 1 of chapter to probate judges elected
or appointed to office after October 1, 1976; state and local governing bodies authorized
to pick up member contributions to retirement fund. Each probate judge holding office in the
several counties of Alabama on or after December 27, 1973, and prior to October 1, 1976, shall
have a right to elect to come under the provisions of Article 1 of this chapter in accordance
with the provisions of this article. Each such probate judge who elects to come under the
provisions of article 1 of this chapter shall, prior to the first Monday after the second
Tuesday in January, 1977, file with the Clerk of the Supreme Court of...
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45-37A-331.06
Section 45-37A-331.06 Order of municipal court; judicial review. (a) Following an adjudicative
hearing, the municipal court judge shall issue an order stating: (1) Whether the person charged
with the civil violation is liable for the violation; and, if so (2) The amount of the civil
fine assessed against the person, along with the fees and costs of court provided for herein.
(b) The orders issued under this section may be filed in the office of the Judge of Probate
of Jefferson County, Alabama, and shall operate as a judicial lien in the same manner and
with the same weight and effect as any other civil judgment filed therein. (c) A person who
is found liable after an adjudicative hearing may appeal that finding of civil liability to
the Circuit Court of Jefferson County, Alabama, by filing a notice of appeal with the clerk
of the municipal court. The notice of appeal shall be filed not later than the 14th day after
the date on which the municipal court judge entered the finding of...
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12-17-186
Section 12-17-186 Appointment of attorney to act for district attorney when office vacant,
district attorney disqualified, etc. (a) The presiding judge of the circuit court, the district
court or the municipal court, when the district attorney or assistant district attorney regularly
required by law to prosecute criminal cases in such court is absent, or connected with the
party against whom it is his duty to appear by consanguinity or affinity within the fourth
degree, or when there is a vacancy in the office from any cause, or when the district attorney
refuses to act, may appoint a competent attorney to act in such district attorney's place,
but such appointment shall in no event extend beyond the session of the court at which the
appointment is made. (b) The attorney so appointed shall receive for his services the sum
of $25.00 per day for the time he is actually engaged in court, to be paid on the warrant
of the Comptroller if the district attorney for whom he is appointed to act...
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12-21-73
Section 12-21-73 Additional or alternative mode of proof of certain official documents. As
an additional or alternative mode of proof, the following documents may be proved as follows:
(1) Acts of the executive of this state, by the records of the state Department of the State,
and of the United States, by the records of the State Department of the United States, certified
by the heads of these departments respectively; they may also be proved by public documents
printed by order of the Legislature or Congress, or either house thereof; (2) The proceedings
of the Legislature of this state or of Congress, by the journals of those bodies respectively,
or either house thereof, or by published statutes or resolutions or by copies certified by
the clerk or printed by their order; (3) The acts of the executive or the proceedings of the
Legislature of a sister state, in the same manner; (4) The acts of the executive or the proceedings
of the Legislature of a foreign country, by journals...
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45-37A-42.06
Section 45-37A-42.06 Order of administrative hearing officer; judicial review. (a) Following
an administrative hearing, the Administrative Hearing Officer shall issue an order stating:
(1) Whether the person charged with the civil violation is liable for the violation; and (2)
If the person is found to be liable, the amount of the fine assessed against the person, along
with the fees and costs provided for herein. (b) Orders issued under this section may be filed
in the office of the judge of probate in any county in Alabama, and shall operate as a judicial
lien in the same manner and with the same weight and effect as any other civil judgment filed
therein. (c) A person who is found liable after an administrative hearing may challenge that
finding of civil liability in the Jefferson County Circuit Court, by filing a petition for
judicial review with the Jefferson County Circuit Court. The petition for judicial review
must be filed not later than the 14th day after the date on which...
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11-40-68
Section 11-40-68 Foreclosure sale; form of deed. (a) Following the hearing and order of the
court in accordance with Section 11-40-66, the court shall cause a sale of the real property
to be advertised and conducted by the court in a manner similar to that procedure contemplated
by Section 40-10-15. The sale shall not occur earlier than 45 days following the date of the
order of the court. (b) Except as otherwise authorized by law, the minimum bid price for the
sale of the real property shall be the redemption amount. (1) In the absence of any bid higher
than the minimum bid price, the court or its designee shall bid in for the real property on
behalf of the Class 2 municipality or its designee in an amount equal to the minimum bid price,
thereby causing the Class 2 municipality to become the purchaser at the sale pursuant to Section
11-40-66. (2) A bid in on behalf of the Class 2 municipality or its designee shall be tendered
as a credit bid for that part of the minimum bid price...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-40-68.htm - 7K - Match Info - Similar pages
12-22-197
Section 12-22-197 Order to prepare record on appeal; order authorizing payment of fees and
transmission thereof to state Comptroller. If it appears to the trial court, after full investigation,
that the defendant or petitioner is without sufficient funds, and has no reasonable way to
procure same, to pay the court reporter all of his lawful fee for transcribing the evidence
and other proceedings had at the trial or the fees of the clerk incident to an appeal or that
the defendant or petitioner has reasonably available to him only enough funds to pay a part
of such fees, he shall make and enter an order requiring the court reporter to transcribe
all or such parts of evidence of the proceedings occurring at the trial that may be necessary
to afford the appellate court a record of sufficient completeness for review and shall order
the clerk to prepare the record on appeal. The trial court shall, at said time, make and enter
an order authorizing the payment of a sum certain to the court...
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12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on
the merits of the petition in accordance with subsection (d) within 90 calendar days of the
date the petition was filed. The court, for good cause, may extend the time within which it
must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a
hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by
the trial judge and may include oral argument and review of relevant documentation in support
of, or in objection to, the granting of the petition. Leave of the court shall be obtained
for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition,
the court may consider the following factors, in addition to the information contained in
the postsentence report: (1) The nature and seriousness of the offense....
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25-4-95
Section 25-4-95 Appeals from final decisions of board of appeals or appeals tribunal. Within
30 days after the decision of the board of appeals has become final, any party to the proceeding
including the secretary who claims to be aggrieved by the decision may secure a judicial review
thereof by filing a notice of appeal in the circuit court of the county of the residence of
the claimant; except, that if the claimant does not reside in this state at the time the appeal
is taken, the notice of appeal shall be filed in the circuit court of the county in this state
in which the claimant last resided, or in the circuit court of the county in this state wherein
the claimant last worked. In such action, the notice of appeal need not be verified, but shall
state the grounds upon which a review is sought. A copy shall be served upon the secretary
or upon such person as the secretary may designate (and for the purpose hereof, mailing a
copy addressed to the secretary at Montgomery by registered...
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26-10A-12
Section 26-10A-12 Persons who may take consent or relinquishments; forms. (a) A consent of
the natural mother taken prior to the birth of a child shall be signed or confirmed before
a judge of probate. At the time of taking the consent the judge shall explain to the consenting
parent the legal effect of signing the document and the time limits and procedures for withdrawal
of the consent and shall provide the parent with a form for withdrawing the consent in accordance
with the requirements of Sections 26-10A-13 and 26-10A-14. (b) All other pre-birth or post-birth
consents or relinquishments shall be signed or confirmed before: (1) A judge or clerk of any
court which has jurisdiction over adoption proceedings, or a public officer appointed by such
judge for the purpose of taking consents; or (2) A person appointed to take consents who is
appointed by any agency which is authorized to conduct investigations or home studies provided
by Section 26-10A-19, or, if the consent is taken out...
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