12-19-193
Section 12-19-193 Fees for inquest; fees, etc., for postmortem examinations; payment of fees
to coroners for services rendered in discharging duties of sheriff. (a) Fees for holding inquest
shall be paid out of the county treasury, when the inquest has been held under the order of
a judge of a court of record or district attorney, and such fees must be also certified by
the coroner to the clerk of the circuit court of the county and must be taxed as costs against
any person who is convicted for killing the person on whose body the inquest was held and
be collected like other costs in criminal cases and, when collected in cases in which the
county has paid the same, shall be paid to the county treasurer for the use of the county
and, in other cases, to the coroner. (b) No fees shall be paid for an inquest when it is publicly
known before the jury is summoned who caused the death of the deceased or when the slayer
has been arrested for the homicide; but, in such case, if the immediate...
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12-22-198
Section 12-22-198 Appeals from denial of petition or where parts of record ordered transcribed
deemed inadequate. (a) Any defendant or petitioner who has filed a petition under the provisions
of this division and which petition is denied by the trial court, or if parts of the record
ordered to be transcribed are deemed to be inadequate by defendant or petitioner, said defendant
or petitioner may, within 10 days from the order of the trial court, file a notice of appeal
with the clerk of the trial court from the order denying the petition or from the order deemed
inadequate in specifying the parts of the transcript of the evidence to be forwarded to the
appellate court on appeal, and such notice of appeal shall specify with particularity wherein
the defendant or petitioner considers himself aggrieved by the order of the trial court, whereupon
the trial judge shall cause to be certified and transmitted, to the Court of Criminal Appeals
in cases wherein the punishment is 20 years or less...
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15-14-30
Section 15-14-30 Demand for jury in misdemeanor cases in circuit court. In all misdemeanor
cases in the circuit court, the issues and questions of fact shall be tried by the judge of
the court without the intervention of a jury except in cases where a trial by jury is demanded
in writing by the defendant. Such written demand shall be filed in the case with the clerk
of the court on or before the first sounding of the case if the case is sounded within 30
days after the defendant has been arrested or taken into custody after the finding of the
indictment or, within 30 days after the defendant has appealed if the case is brought to the
circuit court by appeal; and, if such case is not sounded within 30 days after the defendant
has appealed, been arrested or been taken into custody after the finding of the indictment,
then such written demand must be filed with the clerk within 30 days after the defendant has
appealed, or been arrested or taken into custody after the finding of the...
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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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35-4-131
Section 35-4-131 Notice of actions, etc. (a) When any civil action or proceeding shall be brought
in any court to enforce any lien upon, right to or interest in, or to recover any land, or
where an application has been made to the probate judge of any county for an order of condemnation
of land, or any interest therein, the person, corporation, or governmental body commencing
such action or proceeding or making such application shall file with the judge of probate
of each county where the land or any part thereof is situated a notice containing the names
of all of the parties to the action or proceeding, or the persons named as those having an
interest in the land in the application for an order of condemnation, a description of the
real estate and a brief statement of the nature of the lien, writ, application, or action
sought to be enforced. The judge of probate shall immediately file and record the notice in
the lis pendens record and note on it and in the record the hour and date...
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43-2-742
Section 43-2-742 Time and manner of filing claims - Claims verified in another state. When
a claim against such estate is verified by the oath of a person out of this state, but within
the United States, such oath may be made before a notary public, justice of the peace or any
judge or clerk of a court of record or a commissioner of such state. When made before a justice
of the peace, it must be certified that such officer was a justice of the peace and that his
attestation is genuine, by some judge of a court of record or a commissioner of said state;
but, when made before either of the other officers specified, no other proof of the taking
of such oath is necessary than the certificate of such officer. (Code 1852, §1849; Code 1867,
§2198; Code 1876, §2570; Code 1886, §2240; Code 1896, §308; Code 1907, §2776; Code 1923,
§6015; Code 1940, T. 61, §402.)...
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40-10-25
Section 40-10-25 Appeal from decree. From any decree rendered by the probate court for the
sale of real estate for the payment of taxes, the defendant in the cause or the state, in
behalf of itself and the county, may appeal to the circuit court of the county within 30 days
after the rendition of the decree. If the defendant appeals, he must execute a bond in double
the amount of the decree, payable to the State of Alabama, with sufficient surety to be approved
by the judge of probate, and conditioned that he will prosecute the appeal to effect and pay
such judgment as the appellate court may render thereon; but the state shall not be required
to execute any bond. The district attorney shall represent the state on such appeal, and of
the pendency thereof the judge of probate must give him notice in writing; and on appeal by
the state, notice thereof shall be given the defendant, as in other cases of appeal from the
court to the circuit court, such appeal must be tried de novo, upon an...
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43-8-190
Section 43-8-190 Who may contest will; filing objections; making up issue; trial by jury. A
will, before the probate thereof, may be contested by any person interested therein, or by
any person, who, if the testator had died intestate, would have been an heir or distributee
of his estate, by filing in the court where it is offered for probate allegations in writing
that the will was not duly executed, or of the unsoundness of mind of the testator, or of
any other valid objections thereto; and thereupon an issue must be made up, under the direction
of the court, between the person making the application, as plaintiff, and the person contesting
the validity of the will, as defendant; and such issue must, on application of either party,
be tried by a jury. (Code 1852, §1634; Code 1867, §1953; Code 1876, §2317; Code 1886, §1989;
Code 1896, §4287; Code 1907, §6196; Code 1923, §10625; Code 1940, T. 61, §52; Code 1975,
§43-1-70.)...
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45-2-82.20
Section 45-2-82.20 Minute books. (a) In the Twenty-eighth Judicial Circuit of Alabama, all
orders and decrees may be made and entered by circuit judges sitting and for the circuit on
a sheet or sheets now commonly called trial sheets or case action summary sheets. There shall
be a trial sheet or case action summary sheet or sheets for each case docketed in such courts
properly identified by the style of the case and a case number. (b) After all orders and decrees
have been made and entered, in any case, by the circuit judge or judges sitting in and for
such circuit, the clerk of the circuit court of such circuit shall file such sheets or copies
thereof in numerical order in well bound books labeled "Minute Books" and such judgments
or decrees shall have the same force and effect as minutes of the circuit court of the circuit
prior to April 30, 1986. (Act 86-555, p. 1128, §§1, 2.)...
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45-22-80.20
Section 45-22-80.20 Trial sheets, case action summary sheets, and Minute Books. (a) In the
32nd Judicial Circuit, all orders and decrees may be made and entered by circuit judges sitting
in and for the circuit on a sheet or sheets now commonly called trial sheets or case action
summary sheets. There shall be a trial sheet or case action summary sheet or sheets for each
case docketed in the courts properly identified by the style of the case and a case number.
(b) After all orders and decrees have been made and entered, in any case, by the circuit judge
or judges sitting in and for the circuit, the clerk of the circuit court of the circuit shall
file the sheets in numerical order in well bound books labeled "Minute Books" and
such judgments or decrees shall have the same force and effect as minutes of the circuit court
of the circuit prior to the passage and approval of this section. (Act 84-461, p. 1072, §§1,
2; Act 84-643, p. 1296, §§1, 2.)...
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