22-11A-28
Section 22-11A-28 Commitment petition - Limitations placed upon liberty of person; probate
judge determination; standard for imposing limitations; probable cause hearing; temporary
treatment before final hearing. (a) When a petition has been filed, seeking to have limitations
placed upon the liberty of a person, pending the outcome of a final hearing on the merits,
the probate judge shall order the sheriff of the county in which such person is located, to
serve a copy of the petition upon such person and to bring such person before the probate
judge instanter. When any such person against whom a petition has been filed, seeking to have
limitations placed upon such person's liberty pending the outcome of a full and final hearing
on the merits, is initially brought before the probate judge, the probate judge shall determine
from an interview with the person sought to be committed and with other available persons,
what limitations, if any, shall be imposed upon such person's liberty and...
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22-11A-31
Section 22-11A-31 Commitment petition - Rules to apply at hearings. At all hearings conducted
by the probate judge in relation to a petition to commit any person to the custody of the
Alabama Department of Public Health or such other facility as the court may order, the following
rules shall apply: (1) The person sought to be committed shall be present unless, prior to
the hearing, the attorney for such person has filed in writing a waiver of the presence of
such person on the ground that the presence of such person would be dangerous to such person's
health or that such person's conduct could reasonably be expected to prevent the hearing from
being held in an orderly manner, and the probate judge has judicially found and determined
from evidence presented in an adversary hearing that the person proposed to be committed is
so mentally or physically ill as to be incapable of attending such proceedings. Upon such
findings, an order shall be entered approving the waiver. (2) The person...
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6-5-147
Section 6-5-147 Closing place pending final decision - Order. (a) If on the hearing for a preliminary
injunction it shall appear that the person owning, in control, or in charge of the nuisance
so enjoined has received five days' notice of the hearing, then, unless such person shall
show to the satisfaction of the court or judge that the nuisance complained of has been abated,
the court or judge shall issue an order closing the place against its use for any purpose
until final decision shall be entered on the application for a permanent injunction. (b) Such
order shall also continue in effect for such further period the temporary restraining order
provided in Section 6-5-145 if already issued or, if not issued, shall include such an order
restraining for such period the removal or interference with the personal property and contents
located thereat or therein as provided, and such restraining order shall be served and the
inventory of such property shall be made and filed as provided...
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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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16-27A-7
Section 16-27A-7 Contesting a notice of violation; adjudication. (a) No person shall be responsible
for payment of a civil fine for a notice of violation issued under this chapter if the operator
of the vehicle that is the subject of the notice of violation is adjudicated to have not committed
a violation or there is otherwise a lawful determination that no civil penalty may be imposed.
Any person receiving a notice of violation pursuant to this chapter, in accordance with the
procedure set out in this chapter and on the notice of violation, may contest the notice of
violation by obtaining a hearing in the court. (b) District and municipal courts of this state
are vested with the power and jurisdiction to adjudicate a notice of violation issued pursuant
to this chapter as a civil offense whenever the offense is alleged to have occurred within
the geographic jurisdiction of the court. (c) The following procedures shall apply to proceedings
to contest a notice of violation issued...
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22-52-37
Section 22-52-37 Standards for conduct of civil commitment proceedings generally; minimum standards
for civil commitment; appeals from orders of probate courts as to commitment. (a) Any civil
commitment proceedings are to be conducted in accordance with the following constitutional
due process standards: (1) Adequate notice of the hearing and its purpose shall be given sufficiently
in advance of the scheduled proceedings to permit a reasonable opportunity to prepare therefor.
(2) The person to be committed shall have the right to attend the hearing unless the court,
after appropriate inquiry, determines that he or she is so mentally or physically ill as to
be incapable of attendance. (3) The subject of the hearing shall be informed of his right
to counsel and to the appointment of counsel if indigent. Where the commitment of a presently
confined patient is sought, a guardian ad litem who is an attorney shall be appointed. (4)
The guardian ad litem shall be entitled to a reasonable fee...
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22-52-7
Section 22-52-7 Restrictions on imposition of limitations upon liberty of person sought to
be committed pending hearings; ordering, etc., of examinations of person sought to be committed;
supervision of temporary treatment. (a) When a petition has been filed seeking to have limitations
placed upon the liberty of a respondent pending the outcome of a final hearing on the merits,
the probate judge shall order the sheriff of the county in which the respondent is located
to serve a copy of the petition upon the respondent and to bring the respondent before the
probate judge instanter. When any respondent against whom a petition has been filed seeking
to have limitations placed upon the respondent's liberty pending the outcome of a full and
final hearing on the merits is initially brought before the probate judge, the probate judge
shall determine from an interview with the respondent and with other available persons what
limitations, if any, shall be imposed upon the respondent's liberty...
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45-49-101.07
Section 45-49-101.07 Contesting notice of violation; procedures. (a) No person shall be responsible
for payment of a civil fine for a notice of violation issued under this part if the operator
of the vehicle that is the subject of the notice of violation is adjudicated to have not committed
a violation or there is otherwise a lawful determination that no civil penalty may be imposed.
Any person receiving a notice of violation pursuant to this part, in accordance with the procedure
set out in this part and on the notice of violation, may contest the notice of violation by
obtaining a hearing in the court. (b) District and municipal courts of Mobile County are hereby
vested with the power and jurisdiction to adjudicate a notice of violation issued pursuant
to this part as a civil offense whenever the offense is alleged to have occurred within the
geographic jurisdiction of the court. (c) The following procedures shall apply to proceedings
to contest a notice of violation issued pursuant...
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12-19-150
Section 12-19-150 Legislative intent; assessment of fees in criminal cases; submission of cost
bill by municipal or district court clerk and making of final assessment of costs in circuit
court upon appeals from municipal or district courts to circuit courts. (a) It is hereby declared
to be the policy of the state that docket fees and other court costs in criminal cases shall
generally be assessed only upon conviction. It is further declared to be the policy of the
state that a creditor shall not use the criminal process in order to collect civil debts.
The state does recognize that situations will arise from time to time wherein justice may
best be served by allowing a judge to enter an order dismissing a case upon the payment of
costs by the defendant or by the complainant where the judge has determined that the criminal
process has been abused. (b) Docket fees and other court costs in criminal cases shall be
assessed upon conviction; provided that, in the interest of justice,...
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26-10A-24
Section 26-10A-24 Contested hearing. (a) Whenever a motion contesting the adoption is filed,
the court shall set the matter for a contested hearing to determine: (1) Whether the best
interests of the adoptee will be served by the adoption. (2) Whether the adoptee is a person
capable of being adopted by the petitioner in accordance with the requirements of this chapter.
(3) Whether an actual or implied consent or relinquishment to the adoption is valid. (4) Whether
a consent or relinquishment may be withdrawn. (b) The court shall give notice of the contested
hearing by certified mail to all parties who have appeared before the court. The moving party
and each petitioner shall be present at the contested hearing. The guardian ad litem shall
appear and represent the interests of the adoptee. (c) The court may continue the hearing
from time to time to permit notice to all parties, or to permit further discovery, observation,
investigation, or consideration of any fact or circumstances...
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