26-2-3
Section 26-2-3 Transfer to circuit court; remand to probate court. (a) In any county where
the judge of probate is required to be learned in the law, the administration or conduct of
any guardianship or conservatorship of a minor or incapacitated person may be removed from
the probate court to the circuit court pursuant to Section 26-2-2 at any time before a proceeding
for final settlement thereof is commenced in probate court by the guardian or conservator
of the guardianship or conservatorship or guardian ad litem or next friend of a ward or anyone
entitled to support out of the estate of the ward without assigning any special equity. The
circuit court shall remand the administration of a guardianship or conservatorship transferred
pursuant to this section to the probate court if the circuit court finds that the removal
was sought for the purpose of improper delay or did not comply with applicable law. The circuit
court may remand the administration of a guardianship or...
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12-11-41.1
Section 12-11-41.1 Transfer to circuit court; remand to probate court. (a) In any county where
the judge of probate is required to be learned in the law, the administration of any estate
may be removed from the probate court to the circuit court pursuant to Section 12-11-41 at
any time before a proceeding for final settlement thereof is commenced in probate court by
any heir, devisee, legatee, distributee, executor, administrator, or administrator with the
will annexed of the estate, without assigning any special equity. The circuit court shall
remand the administration of an estate transferred pursuant to this section to the probate
court if the circuit court finds that the removal was sought for the purpose of improper delay
or did not comply with applicable law. The circuit court may remand the administration of
an estate pursuant to this section to the probate court if the circuit court finds that any
of the following apply: (1) The circuit court has issued a final order or...
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36-9-10
Section 36-9-10 Notice of death of judge of probate. On the death of any judge of probate,
the clerk of the circuit court of the county for which he was elected must give notice thereof
to the Governor. (Code 1852, §163; Code 1867, §203; Code 1876, §216; Code 1886, §311;
Code 1896, §3146; Code 1907, §1562; Code 1923, §2706; Code 1940, T. 41, §169.)...
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11-81-86
Section 11-81-86 Board of canvassers. The clerk of the circuit court, the probate judge and
the sheriff of the county in which an election is being held under this article shall constitute
a board to canvass the returns and declare the results of such election, and they shall meet
at the courthouse of the county in which the election is to be held on the Saturday following
the holding of said election and canvass the returns and declare the result of said election,
and in case either of the three should be absent, the two present shall act. (Acts 1927, No.
478, p. 534; Code 1940, T. 12, §98.)...
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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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12-1-14
Section 12-1-14 Appointment, powers, compensation, etc., of special judges for circuit, district,
or probate court. Should the need for special judges in the circuit court, district court
or probate court arise, the Supreme Court may appoint and commission special circuit judges
or special district court judges or special probate judges for temporary service; provided,
however, that the person so appointed shall possess the qualifications of the judgeship to
which he is appointed. Such special judges shall qualify by taking the oath of office prescribed
in the Constitution. Such appointment shall confer on the special judge all powers, authority
and jurisdiction of the respective judgeship to which he is appointed. Such special judge
shall receive as compensation for his services a sum not to exceed $100.00 a day as established
by rule and reimbursement for his actual and necessary expenses, including, but not limited
to, transportation costs, food and lodging, to be paid out of the...
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17-16-57
Section 17-16-57 Contest of election of judge of probate court and other county and municipal
officers - Court open at all times. For the purpose of hearing and determining any contest
instituted under the provisions of Section 17-16-56, the circuit court shall at all times
be open. (Acts 1911, No. 202, p. 195; Code 1923, §560; Code 1940, T. 17, §246; §17-15-30;
amended and renumbered by Act 2006-570, p. 1331, §83.)...
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45-36-232.27
Section 45-36-232.27 Judicial officer. As used in this subpart, the term judicial officer means,
unless otherwise indicated, any circuit judge or equivalent thereof in the Thirty-eighth Judicial
Circuit, any judge of probate in Jackson County, and any district court judge or judge of
any other court created in lieu thereof, or equivalent thereof in Jackson County, and any
municipal judge in Jackson County. (Act 89-264, p. 380, §8.)...
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12-16-86
Section 12-16-86 Performance of act with intent to affect fair drawing of jury by probate judge,
jury commissioner, county commissioner, etc. Any person who does an act calculated to affect
the fair drawing of a jury and with intent to affect the same shall, on conviction, be fined
not less than $200.00 nor more than $1,000.00 and may also be imprisoned in the county jail
for not more than six months, and if such person is a probate judge, sheriff or clerk of the
circuit court or jury commissioner or a member of a county commission, his office shall be
thereby vacated and shall be filled as in other cases of vacancy, on such conviction's being
certified to the appointing power by the presiding judge or the clerk of the court in which
it is had. (Code 1852, §543; Code 1867, §4093; Code 1876, §4766; Code 1886, §3923; Code
1896, §5100; Code 1907, §7480; Code 1923, §5072; Code 1940, T. 30, §51.)...
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17-14-6
Section 17-14-6 Judges and clerks; vacancies. The judges of the circuit and district courts,
the judge of probate, the judges of the courts of appeals, and clerks of the circuit court
shall be elected on the first Tuesday after the first Monday in November 2006, and they shall
hold their respective offices for the term of six years from the first Monday after the second
Tuesday in January next after their election and until their successors are elected and qualified.
Unless otherwise provided in the Constitution of Alabama of 1901, vacancies in any judicial
office shall be filled by appointment by the Governor. The office of a judge shall be vacant
if the incumbent dies, resigns, retires, or is removed. The appointment of a judge of probate
is for the remainder of the unexpired term. A judge, other than a judge of probate, appointed
to fill a vacancy, shall serve an initial term lasting until the first Monday after the second
Tuesday in January following the next general election held...
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