15-27-5
Section 15-27-5 Objections; hearing; ruling. (a) If the prosecuting authority or victim files
an objection to the granting of a petition under this chapter, the court having jurisdiction
over the matter shall set a date for a hearing no sooner than 14 days from the filing of the
objection. The court shall notify the prosecuting authority and the petitioner of the hearing
date. In the discretion of the court, the court shall consider the following factors: (1)
Nature and seriousness of the offense committed. (2) Circumstances under which the offense
occurred. (3) Date of the offense. (4) Age of the person when the offense was committed. (5)
Whether the offense was an isolated or repeated incident. (6) Other conditions which may have
contributed to the offense. (7) An available probation or parole record, report, or recommendation.
(8) Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement
and the petitioner plead guilty to another related or lesser...
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26-9-8
Section 26-9-8 Procedure for appointment of guardian - Notice of filing of petition. Upon the
filing of a petition for the appointment of a guardian under the provisions of this chapter,
the court shall cause such notice to be given as provided by law. (Acts 1931, No. 240, p.
280; Code 1940, T. 21, §166.)...
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34-24-175
Section 34-24-175 Appeal from final decision, judicial review. (a) Any party whose license
or permit is sanctioned as provided herein, shall not be required to file a motion for rehearing
to exhaust his or her remedies available from the board. (b) Any party sanctioned as provided
herein, may file a petition for judicial review in the circuit court where the board office
is located. The filing of the petition must be within 30 days of the date of the board's final
decision. (c) Within 30 days after receipt of the petition for judicial review or within such
additional time as the court may allow, the board shall transmit to the reviewing court the
original or a certified copy of the entire record and transcript of the proceedings under
review. Any party seeking judicial review of any sanction imposed by the board shall be responsible
for all costs associated with preparation, transcription, reproduction, and transmittal of
the proceedings under review. (d) Other than specified in this...
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26-11-3
Section 26-11-3 Procedure for change of name of child upon petition by father generally; notification
of mother and child; filing of response; appointment of guardian ad litem; hearing; issuance
of order by court; certification of minutes of court to Center for Health Statistics, etc.
(a) The father may petition at the time of filing the declaration of legitimation or at any
time subsequent to the determination of legitimation to change the name of such child, stating
in his declaration the name it is then known by and the name he wishes it afterwards to have.
Such petition shall be filed in the office of the judge of probate of the father's residence
or the child's residence. (b) Upon the filing of the petition for name change, notice shall
be given to the child's mother and to the child as provided by the Alabama Rules of Civil
Procedure. Notice may be waived as provided by the Alabama Rules of Civil Procedure. The child's
mother shall, within 30 days after receiving notice, file her...
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26-9-17
Section 26-9-17 Compensation of guardian generally. Compensation payable to a guardian shall
not exceed five percent of the income of the ward during any year. In the event of extraordinary
services rendered by such guardian, the court may, upon petition and after hearing thereon,
authorize additional compensation therefor payable from the estate of the ward. Notice of
such petition and hearing shall be given the proper office of the administration in the manner
provided in Section 26-9-14. No compensation shall be allowed on the corpus of an estate received
from a preceding guardian. The guardian may be allowed from the estate of his or her ward
reasonable premiums paid by him or her to any corporate surety upon his or her bond. (Acts
1931, No. 240, p. 280; Code 1940, T. 21, §171.)...
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27-13-43
Section 27-13-43 Review of final orders of commissioner. Any final order made by the commissioner
as provided by law may, upon appropriate petition filed by the Attorney General on behalf
of the state or by any interested party, at any time within 30 days from the date of said
order, be reviewed by the Circuit Court of Montgomery County, Alabama, on a writ of certiorari.
Upon the filing of such petition, the petitioner shall file with the register or clerk of
said court a bond, with good and sufficient sureties, to be approved by the register or clerk,
conditioned to pay all costs which may be assessed against the petitioner in such proceedings.
The Circuit Court of Montgomery County, Alabama, or the Court of Civil Appeals of Alabama,
on appeal to it, may affirm said order or modify or repeal the same, in whole or in part.
From the judgment of the Circuit Court of Montgomery County, Alabama, either the state or
the interested party taking the appeal may appeal directly to the Court of...
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27-13-81
Section 27-13-81 Review of final orders of commissioner. Any final order made by the commissioner
as provided by law may, upon appropriate petition filed by the Attorney General on behalf
of the state or by any interested party at any time within 30 days from the date of said order,
be reviewed by the Circuit Court of Montgomery County, Alabama, on a writ of certiorari. Upon
the filing of such petition, the petitioner shall file with the register or clerk of said
court a bond, with good and sufficient sureties, to be approved by the register or clerk,
conditioned to pay all costs which may be assessed against the petitioner in such proceedings.
The Circuit Court of Montgomery County, Alabama, or the Court of Civil Appeals of Alabama,
on appeal to it, may affirm said order or modify or repeal the same, in whole or in part.
From the judgment of the Circuit Court of Montgomery County, Alabama, either the state or
the interested party taking the appeal may appeal directly to the Court of...
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41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
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44-1-31
Section 44-1-31 Guardianship of youth in custody of department. If, at any time while legal
custody of a youth is vested in the department of youth services, the department learns that
he or she, for any reason does not have a natural or adoptive parent in a position to exercise
effective guardianship or a legally appointed guardian of his or her person, the department
may thereupon file a petition in the appropriate court for the appointment of a guardian of
the person or property of such youth. No officer or employee of the department shall accept
appointment as the guardian of a youth whose legal custody is vested in the department. (Acts
1973, No. 816, p. 1261, §22.)...
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12-15-207
Section 12-15-207 Filing of petition and conduct of hearing as to necessity for continuation
of detention or shelter care of a child; violation of probation and aftercare. (a) When a
child is not released from detention or shelter care as provided in Section 12-15-127, a petition
shall be filed and a hearing held within 72 hours of placement in detention or shelter care,
Saturdays, Sundays, and holidays included, to determine probable cause and to determine whether
or not continued detention or shelter care is required. (b) Notice of the detention or shelter
care hearing, either verbal or written, stating the date, time, place, and purpose of the
hearing and the right to counsel shall be given by a juvenile probation officer to the parent,
legal guardian, or legal custodian if they can be found and to the child if the child is over
12 years of age . (c) At the commencement of the detention or shelter care hearing, the juvenile
court shall advise the parent, legal guardian, legal...
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