30-3-170
Section 30-3-170 Definitions. When used in this article, the following words shall have
the following meanings: (1) COURT. A court of competent jurisdiction or administrative agency
having the authority to issue and enforce support orders. (2) DELINQUENT or DELINQUENCY. A
support debt or support obligation due and unpaid in an amount equal to or greater than six
months support payments as of the date of service of a notice of intent to suspend or revoke
a license. (3) DEPARTMENT. The Alabama Department of Human Resources, including the county
departments of human resources. (4) LICENSE. Any license, certificate, registration, or authorization
issued by a licensing authority which grants a person a right or privilege to engage in an
occupational, professional, sporting, or recreational activity, or to operate a motor vehicle.
(5) LICENSEE. The holder of a license. (6) LICENSING AUTHORITY. Any department, division,
board, agency, or instrumentality of the State of Alabama or its...
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30-3-6
Section 30-3-6 Bond, security, or other guarantee to secure payment of overdue support
or compliance with visitation order. (a) As used in this section, the following terms
shall have the following meanings: (1) SUPPORT. Support of any child, with respect to whom
a support order exists, and support of a spouse or former spouse with respect to whom a support
order exists where incidental to an order of child support as required by Title IV-D of the
Social Security Act. (2) OVERDUE SUPPORT. A delinquency in an obligation of "support,"
as such term is defined in this section, the obligation having been previously determined
under a court order or judgment. (3) OBLIGOR. Any person required to make payments under the
terms of a support order or comply with visitation orders. (4) OBLIGEE. Any person or entity
which is entitled to receive support pursuant to a support order and who is receiving support
services from the Department of Human Resources pursuant to Title IV-D of the Social...
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34-27-101
Section 34-27-101 Violations; damages. (a) No licensed real estate broker shall be required
to pay a referral fee or commission when reasonable cause for payment does not exist. (b)
No third party shall knowingly interfere with the real estate brokerage relationship of a
real estate licensee. (c) Any person aggrieved by a violation of any provision of this article
may bring a civil action in any court of competent jurisdiction. The damages recoverable in
such an action shall be actual damages and, in addition, the court may award an amount up
to three times the amount of actual damages sustained as a result of any violation of this
article, plus reasonable attorney fees and expenses. (Act 2000-210, p. 277, §2.)...
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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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6-5-544
Section 6-5-544 Recovery of noneconomic losses; limitation of such losses; mistrial
if jury advised of limitation. (a) In any action for injury whether in contract or in tort
against a health care provider based on a breach of the standard of care, the injured plaintiff
and spouse upon proper proof may be entitled to recover noneconomic losses to compensate for
pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, and
other nonpecuniary damage. (b) In no action shall the amount of recovery for noneconomic losses,
including punitive damages, either to the injured plaintiff, the plaintiff's spouse, or other
lawful dependents or any of them together exceed the sum of $400,000. Plaintiff shall not
seek recovery in any amount greater than the amounts described herein for noneconomic losses.
During the trial of any action neither the court nor any party shall advise or infer to the
jury that it may not return an award for noneconomic losses in excess of an...
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6-6-257
Section 6-6-257 Assessment of value and damages and judgment - Dismissal of action.
When the property sued for is in the possession of the plaintiff and the action is dismissed,
the court shall cause a jury to assess the alternate value of the property and also the value
of the hire or use thereof during the time it was in the possession of the plaintiff and shall
enter judgment for the defendant for the recovery of the property, or its alternate value,
and damages for the use or hire thereof. (Code 1896, §1482; Code 1907, §3788; Code 1923,
§7399; Code 1940, T. 7, §928.)...
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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness
unavailable because of exceptional circumstances. (a) In any criminal prosecution, the court
may, upon motion of the district attorney, the defense, or the court, for good cause shown
and after notice to the parties, order the taking of a deposition or a videotaped deposition
of a victim or a witness when the victim or witness is or may be unavailable for trial for
medical reasons or other exceptional circumstances. On any motion for a deposition or a videotaped
deposition of the victim or witness, the court shall consider the age of the victim or witness,
the potential unavailability of the victim or witness for trial, the nature of the offense,
the nature of testimony that may be expected, and the possible effect that testimony in person
at trial may have on the victim or witness, along with any other relevant matters that may
be required by Supreme Court rule. During the taking of a deposition or...
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13A-5-46
Section 13A-5-46 Sentence hearing - Conducted before jury unless waived; trial jury
to sit unless impossible or impracticable; separation of jury; instructions to jury; advisory
verdicts; vote required; mistrial; waiver of right to advisory verdict. (a) Unless both parties
with the consent of the court waive the right to have the sentence hearing conducted before
a jury as provided in Section 13A-5-44(c), it shall be conducted before a jury which
shall return a verdict as provided by subsection (e) of this section. If both parties
with the consent of the court waive the right to have the hearing conducted before a jury,
the trial judge shall proceed to determine sentence without a verdict from a jury. Otherwise,
the hearing shall be conducted before a jury as provided in the remaining subsections of this
section. (b) If the defendant was tried and convicted by a jury, the sentence hearing
shall be conducted before that same jury unless it is impossible or impracticable to do so.
If it...
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14-6-22
Section 14-6-22 Misdemeanant required to pay costs of incarceration; remission of costs;
amount and method of payment; payment of costs as condition of probation, etc., authorized;
procedure upon default; disposition of costs. (a)(1) A court shall require a convicted defendant
in a misdemeanor case to pay housing, maintenance and medical costs associated with the defendant's
incarceration in a county or city jail except as otherwise provided herein. Such costs shall
not exceed $20.00 per day that the defendant has been incarcerated plus actual medical expenses
incurred on behalf of the defendant. Such costs shall be taxed as costs of court and shall
be in addition to any and all other costs of court. (2) At the time of sentencing such defendant
may petition the court for remission of the payment of these costs or of any portion thereof.
If it appears to the satisfaction of the court that payment of the amount due will impose
manifest hardship on the defendant or his immediate family,...
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15-13-132
Section 15-13-132 Conditional forfeiture notice to defendant and sureties. A notice
of the rendition of the judgment set forth in Section 15-13-131 shall be issued by
the clerk of the court and served according to the terms as established in this article within
90 days of the court's conditional forfeiture order to the defendant and sureties. The notice
may be in the following form: STATE OF ALABAMA ___ (or City of ___) Defendant vs ___ County
___ Surety Case No. ___ ___ Surety Charge: ___ Conditional Forfeiture Notice To: ___ ___ Court
Defendant ___ ___ Surety You are hereby notified that your name appears as a surety on the
bond in the above styled case. This case was called for trial on ___ (date) and the defendant
was not present to answer. Therefore, a conditional forfeiture of ___ dollars was entered
against you. You shall file a written response within 28 days after you...
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