35-6-25
Section 35-6-25 Service of process on certain parties defendant; guardian ad litem; judgment
not affected by death of defendant; section cumulative. (a) When it is necessary to make any
person a party defendant in any partition proceedings brought under the provisions of this
article for partition sale of land, or any interest therein and the plaintiff, after exercising
reasonable diligence, is unable to locate the whereabouts, and to ascertain whether any such
defendant is alive at the time of the filing of the complaint, the facts showing just what
diligence the plaintiff has exercised must be specifically alleged in the complaint, and such
defendant may then be made a party, by publication as in the case of unknown defendants, in
his name followed by the words: " ____ and his heirs or devisees, if deceased."
If the defendant so sued does not appear in person or by attorney before expiration of the
time for filing pleadings in the case, the court shall appoint a guardian ad litem to...
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17-13-84
Section 17-13-84 Filing statements of contests; depositions; costs; service of process; contempt.
Upon the filing of any contest of nomination, the chair of the executive committee with which
the contest is filed shall file a statement in the office of the clerk of the circuit court
of the county where the contestant resides of the fact that such a contest has been filed,
giving the names of the parties thereto, the nomination contested and the day set for hearing.
After such statement is filed, the clerk of the circuit court shall issue such subpoenas for
witnesses and orders for production of documents and shall issue commissions for the taking
of testimony by deposition as required by either party, each party to the contest being responsible
for costs incurred by him or her for the summoning and attendance of witnesses on his or her
behalf, and the clerk may issue execution for such costs the same as in civil cases. It shall
be the duty of the sheriff to serve all process issued by...
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6-6-390
Section 6-6-390 When process of garnishment obtainable. The plaintiff in any pending action
for the recovery of money or the plaintiff or assignee in any judgment on which execution
can issue may obtain process of garnishment as defined in Section 6-6-370; provided, that
no garnishment shall issue prior to a final judgment, pursuant to this section and Sections
6-6-291 through 6-6-294, unless there is a showing that such garnishment is necessary because
of extraordinary circumstances. (Code 1852, §2471; Code 1867, §2892; Code 1876, §§3218,
3219; Code 1886, §§2968, 2971; Code 1896, §2172; Code 1907, §4301; Code 1923, §8052;
Code 1940, T. 7, §996; Acts 1951, No. 916, p. 1568.)...
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15-13-125
Section 15-13-125 When the clerk shall issue a bondsman's process. The clerk of the court having
jurisdiction over the defendant shall issue a bondsman's process to the sureties on such bail
upon their request. The request may be made by any one of the sureties. Before the issuance
of the process, the clerk shall determine if the case is still open and the defendant and
the sureties have not been discharged by law. (Acts 1993, No. 93-677, p. 1259, §26.)...
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6-10-42
Section 6-10-42 When no action lies against officer levying on exempt property. If no declaration
of claim of exemption has been filed in the office of the judge of probate or if so filed
and the same is contested, no action shall lie against the officer levying the process on
the ground that the property levied on is exempt. (Code 1876, §2833; Code 1886, §2540; Code
1896, §2066; Code 1907, §4193; Code 1923, §7915; Code 1940, T. 7, §658.)...
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6-5-466
Section 6-5-466 Revival in case of death of one or more defendants jointly sued. (a) The death
of one or more defendants jointly sued does not, as to the defendant dying, abate a claim
upon which an action has been filed if the claim survives; but such a claim may be revived
against the proper representative of such defendant and such representative and the surviving
defendant or defendants may be proceeded against jointly or severally, at the election of
the plaintiff. (b) Under this section, the judgment entered must be several, but against a
personal representative, if he objects, judgment must not be entered until after the expiration
of six months from the grant of letters testamentary or of administration. (c) Under this
section, the satisfaction of one judgment is, as to the plaintiff, a satisfaction of all,
except as to costs; but if requested, the plaintiff must assign, without recourse on him,
the judgment against a principal debtor to the party from whom satisfaction is...
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6-5-693
Section 6-5-693 Bankruptcy trust information. (a) A plaintiff in an asbestos action need not
comply with Section 6-5-692 if, within 90 days after the plaintiff files an asbestos action,
the plaintiff files all available asbestos trust claims and provides the parties with all
trust claim materials available to the plaintiff or plaintiff's counsel in relation to the
plaintiff's exposure to asbestos. This section does not apply if the plaintiff complies with
Section 6-5-692. (b) A plaintiff has a continuing duty to supplement the information and materials
provided under subsection (a) within 30 days after the plaintiff supplements an asbestos trust
claim, receives additional information or materials related to an asbestos trust claim, or
files an additional trust claim. (c) Not less than 60 days before trial, if a defendant presents
evidence that the plaintiff has not filed all available asbestos trust claims, as required
under subsection (a), the defendant may move the court for an order...
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6-5-694
Section 6-5-694 Discovery. (a) In an asbestos action, there shall be a rebuttable presumption
that trust claim materials and trust governance documents are relevant, authentic, and admissible
in evidence. A claim of privilege does not apply to trust claim materials or trust governance
documents. (b) A defendant in an asbestos action may seek discovery from an asbestos trust.
The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide
consent or other expression of permission that may be required by the asbestos trust to release
the information and materials sought by the defendant. (Act 2019-261, §1.)...
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6-6-145
Section 6-6-145 Suspending entry of judgment - Against defendant while claims, etc., settled.
No judgment can be entered against the defendant in attachment when a claim has been interposed
to try the right of property or when the answer of the garnishee is contested or a contest
has arisen about the title to, or interest in, the debt or demand, money or effects garnished
until these questions are settled, unless other property or effects of the defendant are attached
or garnished about which no contest has arisen or unless personal service by summons and complaint
is had on the defendant. (Code 1852, §2558; Code 1867, §2986; Code 1876, §3311; Code 1886,
§3000; Code 1896, §567; Code 1907, §2968; Code 1923, §6216; Code 1940, T. 7, §889.)...

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6-6-146
Section 6-6-146 Restoration of property to claimant at plaintiff's cost. If the plaintiff does
not obtain judgment against the defendant in attachment, all property condemned, when a claim
for the trial of the right of property has been interposed, must be restored to the claimant
at the cost of the plaintiff. (Code 1852, §2559; Code 1867, §2987; Code 1876, §3312; Code
1886, §3001; Code 1896, §568; Code 1907, §2969; Code 1923, §6217; Code 1940, T. 7, §890.)...

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