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12-21-281
Section 12-21-281 Definitions. As used in this subdivision, the following words and phrases
shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) WITNESS. A person whose testimony is desired in any proceeding or investigation by a grand
jury or in a criminal action, prosecution or proceeding. (2) STATE. Any state or territory
of the United States and the District of Columbia. (3) SUMMONS. A subpoena, order or other
notice requiring the appearance of a witness. (Acts 1977, No. 638, p. 1084, §1.)...
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15-13-134
Section 15-13-134 Service of forfeiture notice. A conditional forfeiture notice may be served
by any law enforcement officer, at the law enforcement office in the same manner as a summons
in a civil action, except that service may not be by publication. At the law enforcement officer's
discretion and expense, the notice may be served by certified mail, requiring a signed receipt
or some equivalent thereof. In the event the notice is served by certified mail, return of
the receipt properly signed shall be prima facie evidence of service. The notice required
by this subsection must be returned by the person serving it, with his proper return endorsed
thereon, within twenty-eight days of the date of issuance or within five days of service,
whichever period of time is shorter. (Acts 1993, No. 93-677, p. 1259, §35.)...
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26-2A-138
Section 26-2A-138 Who may be appointed conservator; priorities. (a) The court may appoint an
individual or a corporation with general power to serve as trustee or conservator of the estate
of a protected person. The following are entitled to consideration for appointment in the
order listed: (1) A conservator, guardian of property, or other like fiduciary appointed or
recognized by an appropriate court of any other jurisdiction in which the protected person
resides; (2) An individual or corporation nominated by the protected person who is 14 or more
years of age and of sufficient mental capacity to make an intelligent choice; (3) An attorney-in-fact
under a valid durable power of attorney previously executed by the protected person and giving
the attorney-in-fact reasonably broad powers over the property of the protected person; (4)
The spouse of the protected person, or a person nominated by the will of a deceased spouse
to whom the protected person was married at the decedent's death...
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28-4-274
Section 28-4-274 Forfeiture and condemnation proceedings generally - Entry of judgment of dismissal
and return of liquors and beverages, etc., to place or person from which or from whom taken
generally. If the testimony produced on the hearing before the judge or upon such trial before
the judge or court shall fail to establish the complaint or that a ground existed for the
issuance of the warrant or that the liquors and beverages and vessels and receptacles were
kept, stored or deposited for the purpose of unlawful sale, distribution or delivery within
this state, judgment shall be entered dismissing such complaint and providing that such liquors
and beverages and the vessels and receptacles containing the same be returned to the place
from which or to the person from whom they were taken. (Acts 1909, No. 191, p. 63; Acts 1915,
No. 2, p. 8; Code 1923, §4759; Code 1940, T. 29, §228.)...
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36-11-13
Section 36-11-13 Proceedings in circuit court - Issuance and service of order to appear and
answer information, summons and copy of information; setting of trial date and granting of
continuances generally. If such information is filed in the circuit court, the judge of such
court shall make an order requiring the officer proceeded against to appear at a place and
on a day to be specified in the order and answer the information. The clerk of the court shall
issue a summons, in which shall be set forth a copy of the order, directed to any sheriff
of the state of Alabama, and which, together with a copy of the information, shall be served
on such defendant. Another day may be set and other summons issued as often as may be necessary,
and continuances may be granted in the discretion of the court. (Code 1876, §4055; Code 1886,
§4827; Code 1896, §4873; Code 1907, §7108; Code 1923, §4506; Code 1940, T. 41, §187.)...
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36-11-9
Section 36-11-9 Proceedings in Supreme Court - Issuance and service of order to appear and
answer information, summons and copy of information; setting of trial date, granting of continuances,
etc. If such information shall be filed under Section 174 of Article 7 of the constitution,
the Supreme Court, in term time, or a justice thereof, in vacation, shall make an order requiring
the officer proceeded against to appear at a place and on a day, which may be either in term
time or vacation, to be specified in the order and answer the information. The clerk of the
court shall issue a summons, in which shall be set forth a copy of the order, directed to
any sheriff of the State of Alabama, which, together with a copy of the information, shall
be served on the defendant. If the summons is served 20 days before the day specified in the
order, the defendant shall answer the information on the day specified; and, if the summons
is served less than 20 days before the day so specified, the...
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1-3-7
Section 1-3-7 Notice, etc., required to be served by registered mail may be served by certified
mail. In any case or matter in which the giving or serving of any notice, subpoena, citation
or other writing by registered mail is authorized or required by law, such notice, subpoena,
citation or other writing may be given or served by certified mail in lieu of registered mail.
The person mailing such notices, subpoenas, citations or other writings shall stipulate that
the delivery thereof shall be limited to the addressee only in those instances in which the
law requires such limited delivery when service is by registered mail and shall demand a "return
receipt" in those instances in which the law requires a "return receipt" when
service is by registered mail. Whenever any statute authorizes or requires giving or serving
any notice, subpoena, citation or other writing by registered mail, such statute shall be
construed to authorize such giving or serving thereof also by certified mail....
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11-45-9.1
Section 11-45-9.1 Issuance of summons and complaint in lieu of arrest for violation of certain
ordinances; procedure; schedule of fines; additional penalty for failure to appear; disposition
of fines. (a) By ordinance, the governing body of any municipality may authorize any law enforcement
officer of a municipality or any law enforcement officer of the state, in lieu of placing
persons under custodial arrest, to issue a summons and complaint to any person charged with
violating any municipal littering ordinance; municipal ordinance which prohibits animals from
running at large, which shall include leash laws and rabies control laws; or any Class C misdemeanor
or violation not involving violence, threat of violence or alcohol or drugs. (b) Such summons
and complaint shall be on a form approved by the governing body of the municipality and shall
contain the name of the court; the name of the defendant; a description of the offense, including
the municipal ordinance number; the date and...
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13A-10-132
education, or other unit of government in this state. (b) It shall be unlawful for a person
to impersonate a state or local official or employee or a law enforcement officer in connection
with a sham legal process by acting or purporting to act in an official capacity or taking
advantage of such actual or purported capacity by either of the following: (1) Subjecting
another person to arrest, detention, search, seizure, mistreatment, dispossession, assessment,
lien, or other infringement of personal or property rights. (2) Denying or impeding
another person in the exercise or enjoyment of any right, privilege, power, or immunity. (c)
A person violating subsection (b) is guilty of a Class B misdemeanor. (d) It shall be unlawful
for a person falsely to assert authority of state law in connection with a sham legal process.
A person violating this subsection is guilty of a Class A misdemeanor. (e) It shall be unlawful
for a person to knowingly act, without authority under state law, as any...
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17-16-56
is contested, requiring the party, within five days after the service of the summons, to appear
and make answer to the statement, which summons must be served by the sheriff or by a constable,
if the contest is with respect to the office of sheriff. The contest is triable by the court
without the intervention of a jury and must be heard and tried in precedence of all other
cases, civil or criminal, standing for trial in the court. Either party is entitled to the
writ of subpoena to compel the personal attendance of witnesses on the trial of the
contest, and against defaulting witnesses such proceedings may be had as against other defaulting
witnesses in civil cases pending in the court. Testimony may also be taken by depositions
in the case, and in like manner as depositions are taken in other civil cases. (Code 1896,
§1696; Code 1907, §470; Acts 1911, No. 202, p. 195; Code 1923, §559; Code 1940, T. 17,
§245; §17-15-29; amended and renumbered by Act 2006-570, p. 1331, §83.)...
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