6-5-692
Section 6-5-692 Required disclosures by plaintiff. (a) Subject to Section 6-5-693, within 90 days after a plaintiff files an asbestos action, the plaintiff shall do all of the following: (1) Provide all parties with an affidavit, signed under oath by the plaintiff, stating all of the following: a. The plaintiff's name, address, date of birth, Social Security number, marital status, occupation, and employers, and if the plaintiff alleges exposure to asbestos through another person, the identity of the other person, and that person's relationship to the plaintiff. b. The asbestos-related disease claimed to exist. c. The plaintiff and plaintiff's counsel have conducted an investigation into all potential sources of the plaintiff's exposure to asbestos and identified with specificity each and every source of exposure to asbestos that is available or known to the plaintiff or plaintiff's counsel and any person through which the plaintiff alleges exposure, including all asbestos-containing...
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35-11-227
Section 35-11-227 Actions by employees, etc.; defense by contractor. (a) If the action is by an employee of the contractor, or by any person who has furnished to him material for the building or improvement, the contractor shall be a necessary party defendant thereto; and in such action on motion of the plaintiff, the owner or proprietor may be cited to answer under oath how much was owing by him to the contractor on his contract with such contractor, at the time of the service on him of the notice required by Section 35-11-218; and such answer may be controverted, and proceedings had and judgment entered as in garnishment cases. (b) When the lien is sought to be enforced by any person other than the contractor, it shall be the duty of the contractor to defend the action at his own expense; and after notice of an intention to file a statement of the lien, and pending the action, the owner or proprietor may withhold from the contractor money sufficient to cover the amount claimed, and...
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45-36-171
Section 45-36-171 Abatement of nuisances related to commercial swine farming operations. (a) This section shall apply only in Jackson County, Alabama. (b) The following terms shall have the following meanings: (1) COUNTY. Jackson County. (2) COUNTY COMMISSION. The Jackson County Commission. (3) SWINE FARM or SWINE FARMING. Commercial concentrated animal feeding operations for swine. For purposes of this section, the term concentrated animal feeding operation for swine means an animal feeding operation defined in Title 40, Part 122, Appendix B of the Code of Federal Regulations, relating to the National Pollutant Discharge Elimination System (NPDES), or as otherwise designated by the Federal Environmental Protection Agency, and as defined and regulated by the Alabama Department of Environmental Management pursuant to Chapter 335-6-7 of the Alabama Administrative Code. (c)(1) Upon a written complaint and request from any person residing in the county, the county commission, after a...
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40-10-83
Section 40-10-83 Effect of payment by original owner or assignee. THIS SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. When the action is against the person for whom the taxes were assessed or the owner of the land at the time of the sale, his or her heir, devisee, vendee or mortgagee, the court shall, on motion of the defendant made at any time before the trial of the action, ascertain (i) the amount paid by the purchaser at the sale and of the taxes subsequently paid by the purchaser, together with 12 percent per annum thereon, subject to the limitations set forth in Section 40-10-122(a); (ii) with respect to property located within an urban renewal or urban redevelopment project area designated pursuant to Chapters 2 or 3 of Title 24, all insurance premiums paid or owed by the purchaser for casualty loss coverage on insurable structures and the value of all permanent improvements...
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45-17-81.12
Section 45-17-81.12 Applicants for admittance. (a) A person charged with a criminal offense specified in subsection (b) whose jurisdiction is in the circuit or district court of the Thirty-first Judicial Circuit may apply to the District Attorney of the Thirty-first Judicial Circuit for admittance to the pretrial diversion program. (b) A person charged with any of the following offenses may apply for the program: (1) Any traffic offense. (2) A property offense. (3) An offense wherein the victim did not receive serious physical injury. (4) An offense in which the victim was not a child under 14 years of age, a law enforcement officer, a school official, or a correctional officer. (5) A misdemeanor other than one specifically excluded in this section. (c) The following offenses are ineligible for consideration for the pretrial diversion program: (1) Any offense involving the abuse of a child or an elderly person. (2) Any sex offense. (3) Any Class A felony, except in the case of...
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35-12-72
Section 35-12-72 Presumption of abandonment. (a) Property is presumed abandoned if it is unclaimed by the apparent owner during the time set forth below for the particular property: (1) Traveler's checks, 15 years after issuance. (2) Money order, five years after issuance. (3) A demand, savings, or time deposit including a deposit that is automatically renewable, three years after the earlier of maturity, as extended from time to time, or the date of the last indication by the apparent owner of interest in the property. (4) Tangible and intangible property held in a safe deposit box or other safekeeping depository in this state in the ordinary course of the holder's business and proceeds resulting from the sale of the property permitted by other law, three years after expiration of the lease or rental period on the box or other depository. (5) Money or credits owed to a customer as a result of a retail business transaction, one year after the obligation accrued. (6) Property in an...
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6-7-30
Section 6-7-30 Proceedings when defendant involved in bankruptcy. In any civil action in any court in this state in which the defendant has been adjudicated a bankrupt, in which a defendant has filed a petition in bankruptcy or against whom a petition in bankruptcy has been filed, it shall be the duty of the court in which such civil action is pending to proceed with the trial of such action, if leave to do so is granted by the bankruptcy court, and to enter judgment in accordance with the law and the evidence in the case. The court in which such civil action is pending shall also have authority, and it shall be its duty, to grant such stay of execution against such defendant as may be appropriate or as may be provided for in the order of the bankruptcy court, or to embody in the judgment entered in such case such provision as may be appropriate, or as may be provided in the order of said bankruptcy court, so as to limit the manner of enforcement of said judgment, or so as to limit the...
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45-49-170.22
Section 45-49-170.22 Investigations; impounding; judicial determination. (a) An animal control officer or law enforcement officer of Mobile County shall investigate any incidents involving any dog reported to be dangerous or a nuisance in the unincorporated areas of Mobile County. (b) If a dog, which is unowned and has been reported to be dangerous, bites a person, the dog may be quarantined and destroyed pursuant to subsection of Section 3-7A-9. For purposes of this subsection, bites means the same as has been exposed as defined in subdivision (5) of Section 3-7A-1. (c) If there is probable cause to believe that an owned dog is dangerous or a nuisance and has caused serious physical injury or has caused damage to real or personal property, the law enforcement officer or animal control officer shall impound the dog pending disposition of a petition to declare a dog to be dangerous or a nuisance. The county may impound the dog at the county pound as described in Section 3-7A-7, or may...
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45-49A-62.02
Section 45-49A-62.02 Abatement and removal of inoperable motor vehicles from private property as public nuisances. (a) For purposes of this section, the term inoperable motor vehicle shall mean any motor vehicle, trailer, recreational vehicle, camper, or semi-trailer that has remained on private property and in view of the general public for 30 days or any greater period fixed by the municipality and is inoperable in that one or more of its major mechanical components including, but not limited to, engine, transmission, drive train, or wheels, are missing or are not functional, or the vehicle otherwise constitutes a nuisance. An inoperable motor vehicle shall not be deemed a nuisance under any of the following circumstances: (1) The motor vehicle has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations. (2) The motor vehicle is on the premises of a place of business engaged in the wrecking or junking of...
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30-5-2
Section 30-5-2 Definitions. In this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise: (1) ABUSE. An act committed against a victim, which is any of the following: a. Arson. Arson as defined under Sections 13A-7-40 to 13A-7-43, inclusive. b. Assault. Assault as defined under Sections 13A-6-20 to 13A-6-22, inclusive. c. Attempt. Attempt as defined under Section 13A-4-2. d. Child Abuse. Torture or willful abuse of a child, aggravated child abuse, or chemical endangerment of a child as provided in Chapter 15, commencing with Section 26-15-1, of Title 26, known as the Alabama Child Abuse Act. e. Criminal Coercion. Criminal coercion as defined under Section 13A-6-25. f. Criminal Trespass. Criminal trespass as defined under Sections 13A-7-2 to 13A-7-4.1, inclusive. g. Harassment. Harassment as defined under Section 13A-11-8. h. Kidnapping. Kidnapping as defined under Sections 13A-6-43 and 13A-6-44. i. Menacing. Menacing as defined...
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