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30-5-7
Section 30-5-7 Ex parte orders or modification of protection order. (a) If it appears from
a petition for a protection order or a petition to modify a protection order that abuse has
occurred or from a petition for a modification of a protection order that a modification is
warranted, the court may do any of the following: (1) Without notice or hearing, immediately
issue an ex parte protection order or modify an ex parte protection order as it deems necessary.
(2) After providing notice as required by the Alabama Rules of Civil Procedure, issue a final
protection order or modify a protection order after a hearing whether or not the defendant
appears. (b) A court may grant any of the following relief without notice and a hearing in
an ex parte protection order or an ex parte modification of a protection order: (1) Enjoin
the defendant from threatening to commit or committing acts of abuse, as defined in this chapter,
against the plaintiff or children of the plaintiff, and any other...
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12-14-30
Section 12-14-30 Appointment, terms of office and qualifications; designation, etc., of presiding
judge; filling of vacancies; oath; grounds for disqualification of judges from hearing of
cases; practice of law or receipt of unauthorized remuneration for judicial services by full-time
judges prohibited. (a) The governing body of the municipality shall, by vote of a majority
of its members, appoint judges of the municipal court. (b) The term of office of each full-time
municipal judge shall be for a term of four years. The term of office of a municipal judge
other than a full-time municipal judge shall be two years. The term of either full-time or
part-time municipal judges shall continue until a successor has been appointed and qualified.
(c) In the event that a municipality has more than one judge, the mayor shall designate a
presiding judge, who shall have such additional duties and powers and be entitled to receive
such additional compensation as provided by ordinance. (d) Each...
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22-52-15
Section 22-52-15 Appeals. An appeal from an order of the probate court granting a petition
seeking to commit a respondent to the custody of the department or designated mental health
facility as the court may order lies to the circuit court for trial de novo unless the probate
judge who granted the petition was learned in the law, in which case the appeal lies to the
Alabama Court of Civil Appeals on the record. Notice of appeal shall be given in writing to
the probate judge within five days after the respondent has received actual notice of the
granting of the petition and shall be accompanied by security for costs, to be approved by
the probate judge, unless the probate judge finds that the respondent is indigent, in which
case no security for costs shall be required. Upon the filing of a notice of appeal, the probate
judge shall determine and enter an order setting forth the limitations to be placed upon the
liberty of the respondent pending the appeal. Upon the filing of a notice...
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12-21-282
Section 12-21-282 Procedure for securing attendance of witness within state at criminal proceeding,
etc.; in another state; fees and allowances; effect of failure of summoned witness to attend
and testify. (a) If a judge in a court of record in any state which, by its laws, has made
provision for commanding persons within that state to attend and testify in this state certifies
under seal of such court that there is a criminal proceeding pending in such court or that
a grand jury investigation has commenced or is about to commence, that a person being within
this state is a material witness in such proceedings or grand jury investigation and that
his presence will be required for a specified number of days, upon presentation of such certificate
to any judge of a court of record in the county in which such person resides or the county
in which such person is found if he is not a resident of this state, such judge shall fix
a time and place for a hearing, and shall make an order...
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12-9A-8
Section 12-9A-8 Assignment of circuit or district judges by presiding circuit judge. (a) A
presiding circuit judge, by order, may assign a circuit or district court judge who is within
the circuit to serve within the circuit or within the district courts of the circuit. Before
assigning a judge, the presiding circuit judge shall evaluate the needs of the circuit, including
the currency, congestion, and backlog of criminal and civil cases. (b) Assignments of judges
by the presiding circuit judge shall be in writing and shall be sent to the assigned judge
as soon as practicable. The presiding judge or the judge's designee may notify the assigned
judge orally of the assignment. An oral notification of an assignment is sufficient until
a written notification can be prepared and delivered to the assigned judge. A copy of each
written assignment shall be filed with the Administrative Director of Courts and in the office
of the clerk or register of the court to which the assignment is made....
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37-2-113
Section 37-2-113 Orders of commission - Remedy for noncompliance. The Public Service Commission
must notify the district attorney of the proper circuit and the Attorney General of the failure
of any railroad company or person operating a railroad to comply with any order made by such
commission for the erection of sitting or waiting rooms, within 60 days after the expiration
of the period within which such sitting or waiting rooms are to be erected; and thereupon,
it shall be the duty of the district attorney, under the direction of the Attorney General,
to bring a civil action in the name of the State of Alabama, or take other appropriate steps
in the circuit court, or before the judge of the circuit court to compel the erection of such
sitting or waiting rooms. For the purpose of entertaining, hearing, and deciding such cases,
the circuit court shall be always open, and the circuit judge may make all needful orders
and issue all writs and process. If the person or corporation...
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38-9F-4
Section 38-9F-4 Issuance of elder abuse protection orders. (a) The following courts shall have
jurisdiction to issue elder abuse protection orders under this chapter: (1) Circuit courts.
(2) A special circuit court judge appointed pursuant to Section 12-1-14 or 12-1-14.1. (3)
A district court judge designated by a written standing order from the presiding circuit court
judge. (b) An elder abuse protection order may be requested in any pending civil or domestic
relations action, as an independent civil action, or in connection with the preliminary, final,
or post-judgment relief in a civil action. (c) A petition for an elder abuse protection order
may be filed in any of the following locations: (1) Where the plaintiff or defendant resides.
(2) Where the plaintiff is temporarily located if he or she has left his or her residence
to avoid further abuse. (3) Where the abuse occurred. (d) There is no minimum period of residence
for the plaintiff in the State of Alabama or in the county in...
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45-8A-22.13
Section 45-8A-22.13 Removal, suspension, or discharge; appeal; charges; hearings, investigations,
and proceedings. (a) The appointing authority can remove, discharge, or demote any civil service
employee or grandfathered employee provided that within five days a report in writing of such
action is made to the board, giving the reason for such removal, discharge, or demotion. The
civil service employee or grandfathered employee shall have 10 days from the time of notification
of his or her discharge, removal, or demotion in which to appeal to the board. The board shall
thereupon order the charges or complaint to be filed forthwith in writing and shall hold a
hearing de novo on such charges. No permanent civil service employee or grandfathered employee,
whose probationary period has been served, shall be removed, discharged, or demoted except
for some personal misconduct, or fact, rendering his or her further tenure harmful to the
public interest, or for some cause affecting or...
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12-17-330
Section 12-17-330 Appointment; rehearing; ratification of findings and recommendations. (a)
The Administrative Director of Courts may authorize one or more referee positions in any judicial
circuit on either a full-time or a part-time basis upon submission of a written request by
the presiding circuit court judge and upon consideration of funding and the number of child
support cases in the domestic relations division of the circuit court, including cases brought
pursuant to Title IV-D of the Social Security Act. Once the Administrative Director of Courts
approves the request, the presiding judge of the circuit court may appoint an attorney the
judge believes to be qualified to fill the position, subject to the approval of the Administrative
Director of Courts. The amount to be paid the referee and the manner of payment shall be determined
by the Administrative Director of Courts. (b) The presiding judge of the circuit court may
direct that the referee hear child support cases in the...
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45-10-81
Section 45-10-81 Public law library; Law Library Fund. (a) The governing body of Cherokee County,
Alabama, may establish and maintain a public law library in the county, and, to accomplish
that purpose, may, from time to time, expend public funds of the county as are not required
by law to be expended for any other purpose or purposes: To provide suitable accommodations
and facilities therefor, to keep the same in a good state of maintenance and repair; and from
time to time, to provide such supplies, books, reports, and periodicals for the library, as
may be needed therefor, out of the proceeds of the special fund created by this section, or
for such other purposes as provided for in Section 11-25-13. (b) In order to provide a special
fund for the creation and maintenance of the library there shall be taxed as costs the sum
of five dollars and fifty cents ($5.50) in each civil or quasi-civil action at law, suit in
equity, criminal case, quasi-criminal case, proceedings on a forfeited...
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