Code of Alabama

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12-22-21
Section 12-22-21 Other orders, judgments, or decrees. Appeal from the order, judgment or decree
of the probate court may be taken by the party aggrieved to the circuit court or Supreme Court
in the cases hereinafter specified. Appeals to the Supreme Court shall be governed by the
Alabama Rules of Appellate Procedure, including the time for taking an appeal. Appeal to the
circuit court in such cases shall be within the time hereinafter specified: (1) From the decree,
judgment or order on a contest as to the validity of a will, to be taken within 42 days after
the determination of the contest; (2) From the decree, judgment or order on an application
claiming the right to execute a will or administer an estate, to be taken within 42 days after
the hearing and decision of such application, unless the application was denied because the
applicant was deemed unfit to serve by reason of a conviction of an infamous crime or by reason
of improvidence, intemperance or want of understanding, in...
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17-16-56
Section 17-16-56 Contest of election of judge of probate court and other county and municipal
officers - Generally. If the contest is of an election to the office of judge of the probate
court, sheriff, tax assessor, tax collector, county treasurer, clerk of the circuit court,
or any other office filled by the vote of a single county or any subdivision thereof, or any
office of a city or town not in this article otherwise provided for, the party contesting
must file in the office of the clerk of the circuit court of the county in which the election
was held, a statement in writing, verified by affidavit, of the grounds of the contest as
provided in this article and must give good and sufficient security for the costs of the contest,
to be approved by the clerk. On the filing of the statement and the giving of the security,
the clerk must enter the contest on the trial docket as a civil action pending in the court
for trial, and, after having made such entry, the clerk must issue a...
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45-48-80.02
Section 45-48-80.02 Additional court costs - Law Library, Judicial Technology, and Judicial
Administration Fund. (a)(1) In Marshall County, in order to provide a special fund for the
creation and maintenance of the law library, for the purpose of improving judicial technology,
and for the purpose of judicial administration there shall be taxed as additional court costs
the sum of ten dollars ($10) in each case in the circuit court or district court in the county,
including the juvenile, family, and small claims court. (2) The costs shall be collected as
other costs in cases are collected by the clerk of the court and shall be dispersed by the
clerk of the court to a special fund in the county treasury to be designated as the Marshall
County Law Library, Judicial Technology, and Judicial Administration Fund. (b)(1) The Marshall
County Law Library, Judicial Technology, and Judicial Administration Fund shall be expended
by the presiding circuit judge of the Circuit Court of Marshall...
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45-49-85.42
Section 45-49-85.42 Temporary judges of probate. (a)(1) If the regularly elected Judge of Probate
of Mobile County is incompetent from any legal cause, incapacitated, absent or will be absent
from sickness, or otherwise disqualified from acting as judge, the judge of probate or the
chief clerk shall certify the fact of incompetency, incapacity, absence, sickness, or disqualification
to the presiding judge of the circuit court of the county and the presiding judge of the circuit
court, upon that certificate, shall appoint a person learned in the law, practicing and residing
in the county, to act as temporary judge of probate. At any time when the regularly elected
judge of probate of the county files a certificate in the office of the circuit clerk of the
county that he or she is no longer incompetent, from any legal cause, incapacitated, absent,
absent from sickness, or otherwise disqualified from acting as judge, then the regularly elected
judge of probate of the county shall...
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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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12-9A-7
Section 12-9A-7 Temporary assignment of circuit or district judge to another circuit. (a) The
Chief Justice of the Supreme Court of Alabama, by order, shall assign a circuit or district
judge from a judicial circuit to serve within another judicial circuit for a reasonable period
of time to address court congestion, court delay, civil and criminal backlog of cases, or
for any other reason necessary for the prompt and thorough administration of justice. (b)
When considering the amount of time a judge may be assigned from his or her home circuit to
another circuit, the Chief Justice shall take into consideration all relevant circumstances
regarding the judicial needs of the circuits involved. (c) A judge assigned to serve another
circuit under subsection (a) shall be reimbursed for any necessary and reasonable expenses
of travel and the same maintenance expense allowances from the State Treasury that the judge
would be entitled to receive when attending court or transacting other...
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43-8-197
Section 43-8-197 Change of venue. (a) At any time before the trial of such contest, either
party may remove the same to another county by proceeding as is required in civil actions
in the circuit court; and when an order for the removal of the trial of such contest is made,
the judge of probate must transmit the will, subpoenas and all other papers belonging, and
a transcript of all the entries of record relating thereto, to the judge of the probate court
of the county to which the trial is ordered to be removed. Such judge of probate must proceed
to try the case in the same manner as prescribed for the judge of probate of the county from
which it has been removed. (b) If the judgment is rendered in the probate court to which it
has been removed, and no appeal is taken within 30 days thereafter, such judgment must be
certified by the judge of such probate court, and the will and other papers be returned to
the probate court from which the trial was removed; and the will must be...
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45-11-80
Section 45-11-80 Additional costs and fees; Juvenile Court Services Fund; Judicial Administration
Fund. (a) In Chilton County, in addition to all other fees, there shall be taxed as costs
the sum of five dollars ($5) in each civil or quasi-civil action at law, suit in equity, criminal
case, quasi-criminal case, proceedings on a forfeited bail bond or proceedings on a forfeited
bond given in connection with an appeal from a judgment or conviction in any inferior or municipal
court of the county, in the Circuit Court of Chilton County, or the District Court of Chilton
County, hereinafter filed in or arising in the Circuit Court of Chilton County, or the District
Court of Chilton County, or brought by appeal, certiorari or otherwise to the Circuit Court
of Chilton County, or the District Court of Chilton County, which costs shall be collected
as other costs in such cases are collected by the clerk, or ex officio clerk, of the courts
or the register of the Circuit Court of Chilton County,...
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45-48-83.01
Section 45-48-83.01 Filing and venue of civil and criminal cases. (a) Any civil or criminal
action filed in the district or circuit court in Marshall County, including the juvenile and
family court, after January 1, 2009, for which venue is otherwise appropriate in the county,
may be filed at the Guntersville or Albertville Courthouses, and venue shall be determined
on a countywide basis without regard to any courthouse or division lines. (b) After January
1, 2009, any case filed in district or circuit court in the county, including the juvenile
and family court, may be tried in either courthouse in the county or at another location designated
by the presiding circuit judge. (Act 2008-421, p. 821, ยง 2.)...
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45-8-81.02
Section 45-8-81.02 Computer systems; Justice Technology Fund; additional costs, charges, booking
fees. (a)(1) In Calhoun County, in any case in which court costs are assessed in a municipal
court in the county, there shall be assessed and collected, in the same manner as other costs
and charges are collected, an additional court cost in the amount of five dollars ($5) per
case which shall be used for the operation, maintenance, upgrade, and support of computer
or technology systems at the Calhoun County Courthouse and for the Calhoun County Justice
Technology Fund. (2) The Calhoun County Justice Technology Fund shall be established for the
deposit of the additional court costs collected in municipal court cases pursuant to this
section. The fund shall be maintained in an interest-bearing account in a bank within Calhoun
County and shall be under the supervision of the Calhoun County Justice Information System.
Funds collected shall be forwarded monthly by the clerks of the municipal...
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