15-21-33
Section 15-21-33 Taxation and collection of fees and costs of witnesses. (a) In habeas corpus
proceedings, witnesses may prove their attendance before the judge as in other cases and have
the same taxed in the bill of costs, on the subsequent conviction of the party, where he is
detained on a criminal charge. (b) In other cases, the court or judge may impose the costs,
or any portion thereof, on either party; and, when the writ is returnable before a judge of
the circuit court, the costs must be taxed by the clerk of such circuit court and collected
by execution. (Code 1852, §§744, 745; Code 1867, §§4295, 4296; Code 1876, §§4971, 4972;
Code 1886, §§4794, 4795; Code 1896, §§4847, 4848; Code 1907, §§7042, 7043; Code 1923,
§§4341, 4342; Code 1940, T. 15, §§37, 38.)...
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18-1A-292
Section 18-1A-292 Distribution of award - Proceedings when claims not filed and court doubtful
as to proper distribution; assertion of adverse claim or title involving determination of
title to land. The probate court may, in the event no such claims are filed by any of such
parties and where the probate court is doubtful as to a proper division, require the parties
in interest to propound their claims and to hear evidence upon the same in order that the
probate court may determine to what part or proportion of said award each of said parties
may be rightly entitled. No division or partition for distribution shall be made by the probate
court under this section when any adverse claim or title is asserted by any one of the interested
parties, which involves the determination of the title to land, and the procedure for partition
or distribution under this section shall follow as near as may be the manner provided for
the partition of property in chapter 6 of Title 35; except, that no...
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30-4-63
Section 30-4-63 Proceedings upon violation of terms of support order or probation bond. If
at any time the judge of the juvenile court is satisfied, by sufficient proof upon due notice
and hearing, that the defendant has violated the terms of any such order of support or the
terms of any such probation bond, said judge may forthwith, or after further probation, make
and enter an order setting aside such suspension of said judgment and sentence, and may issue
a warrant for the arrest of such defendant, and may, upon such arrest, commit him to jail
or to the sheriff of such county, to serve such sentence, as if same had never been suspended.
Said judge, in such contingency, shall have the right and authority, whether said defendant
is allowed further probation or not, to declare said bond or recognizance forfeited, and the
sum or sums recovered thereon shall be paid to the clerk of the juvenile court for the use
of defendant's wife or children, or both, in the same manner as other money...
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43-8-198
Section 43-8-198 Transfer of contest to circuit court; appeal from judgment of circuit court;
certification of judgment, etc., to probate court. Upon the demand of any party to the contest,
made in writing at the time of filing the initial pleading, the probate court, or the judge
thereof, must enter an order transferring the contest to the circuit court of the county in
which the contest is made, and must certify all papers and documents pertaining to the contest
to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit
court and a special session of said court may be called for the trial of said contest or,
said contest may be tried by said circuit court at any special or regular session of said
court. The issues must be made up in the circuit court as if the trial were to be had in the
probate court, and the trial had in all other respects as trials in other civil cases in the
circuit court. An appeal to the supreme court may be taken from the...
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12-14-17
Section 12-14-17 Procedure for abolition of municipal courts by governing bodies of municipalities;
effect of abolition generally. (a) The governing body of any municipality having a municipal
court may at any time by ordinance abolish its municipal court and the jurisdiction of the
court so abolished shall be transferred to the district court of the district in which the
municipality is located under the conditions and effective dates provided in this section.
A certified copy of the ordinance abolishing the municipal court shall be transmitted by certified
mail to the clerk of the district court for the district in which the municipality is located,
the presiding judge of the circuit court for the judicial circuit in which the municipality
is located, the clerk of the circuit court, the Clerk of the Supreme Court, the Secretary
of State and the Administrative Director of the Courts. (b) All pending cases and process
in those cases which are to be acted upon by the district court...
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12-17-275
Section 12-17-275 Duties. The official court reporter shall attend in person, except as otherwise
herein provided, the sessions of court held in the circuit for which he is appointed, and
in every case, where directed by the judge or requested by a party thereto, he shall take
full stenographic notes of the oral testimony and proceedings, except argument of counsel,
and note the order in which all documentary evidence is introduced, all objections of counsel,
the rulings of the court thereon and exceptions taken or reserved thereto. When directed by
the judge, he shall attend the investigations of the grand jury and there take such notes
of the testimony as directed by the district attorney or foreman. The original stenographic
notes of such court reporter in each case or proceeding officially reported shall be preserved
by him and treated as a part of the records of the respective courts, and upon his retirement
from office, shall be turned over to the clerks of such courts. In cases...
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12-22-25
Section 12-22-25 Security for costs of appeal. In all other cases in which an appeal is taken
under the provisions of this division, the appellant, or someone for him, must give security
for the costs of such appeal, to be approved by the probate judge or the clerk of the circuit
court, as the case may be, and the names of such sureties must be certified with the record
to the appellate court, but the filing of security for costs is not a jurisdictional prerequisite.
If the appellant fails to prosecute his appeal or the judgment is not reversed or is entered
against him for a less amount than the judgment of the court from which the appeal is taken,
execution may issue against him and such sureties for the costs of the appeal. (Code 1852,
§1898; Code 1867, §2257; Code 1876, §3967; Code 1886, §3647; Code 1896, §464; Code 1907,
§2862; Code 1923, §6121; Code 1940, T. 7, §782.)...
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15-23-68
Section 15-23-68 Waiting area for victim; court to minimize contact of victim with defendant.
The court shall provide a waiting area for the victim separate from the defendant, relatives
of the defendant, and defense witnesses, if an area is available and the use of the area is
practical. If a separate waiting area is not available, or its use impractical, the court
shall minimize contact of the victim with the defendant, relatives of the defendant, and defense
witnesses during court proceedings. For victims of domestic violence, if a separate waiting
area is not available, the presiding circuit judge shall create procedures so that the defendant
has no contact with the victim. (Acts 1995, No. 95-583, p. 1234, §9; Act 2015-493, p. 1679,
§2; Act 2019-252, §1.)...
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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
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36-11-19
Section 36-11-19 Drawing of jury where member of county commission, etc., subject to impeachment
proceedings. Whenever any information for the impeachment of any member of a county commission,
jury commission or other board charged by law with the duty of drawing petit juries is filed
in any court in this state having jurisdiction to hear and determine such information, or
whenever any article of impeachment or other proceedings for the impeachment of any such member
are filed or commenced in any such court, the judge of the circuit court shall, in the manner
provided by law, draw the jury for the trial of such cases. (Code 1907, §7112; Code 1923,
§4509; Code 1940, T. 41, §190.)...
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