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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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18-1A-215
Section 18-1A-215 Effect of failure to pay judgment. (a) If the plaintiff fails to make
full payment of the judgment, or of the full amount awarded for any separate item or parcel
of property described therein, within the time allowed under Section 18-1A-214, the
defendant may treat the failure to make payment as an abandonment of the condemnation action
with respect to the property for which payment has not been made, and may move to vacate the
judgment and for a dismissal under Section 18-1A-230. (b) In determining questions
arising under subsection (a), the circuit court may make appropriate orders to adjust the
rights of the parties, including orders with respect to the possession and use of the property
and the performance of any work thereon, and may award damages, interest, and costs to the
defendant as justice requires. (Acts 1985, No. 85-548, p. 802, ยง1206.)...
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22-52-30
Section 22-52-30 Definitions. When used in this article, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
CAPACITY TO PROCEED OR CONTINUE TO TRIAL. Whether or not a defendant accused of a crime: a.
Understands the nature of the charges preferred against him; and b. Is capable of assisting
his attorney in the preparation of the defense of his case. (2) COMMISSIONER. The Commissioner
of the Department of Mental Health of the State of Alabama. (3) SUPERINTENDENT. The superintendent
or director of Bryce Hospital located in Tuscaloosa County, the superintendent or director
of Searcy Hospital located in Mobile County or the superintendent or director of any such
facility as defined in subdivision (4) of this section. (4) FACILITY. Any state-owned
or state-operated hospital or other facility, whether currently operating or to be operated
in the future, utilized for the diagnosis, care, treatment, training or...
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33-1-25
Section 33-1-25 Port authority authorized to carry fire and casualty and public liability
insurance. The Alabama State Port Authority is hereby authorized to provide insurance covering
loss or damage to its properties, or any properties of others in its custody, care or control,
or any properties as to which it has any insurable interest, caused by fire or other casualty;
and may likewise provide insurance for the payment of damages on account of the injury to
or death of persons, and the loss of or destruction of properties of others; and may pay the
premiums thereon out of the revenues of the port authority. Nothing herein shall be construed
to authorize or permit the institution of any civil action or proceeding in any court against
the port authority for or on account of any matters referred to in this section; provided,
that any contracts of insurance herein authorized may, in the discretion of the director of
the port authority, provide for a direct right of action against the...
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9-2-65
Section 9-2-65 Powers and duties of game and fish wardens; powers and duties of director
with respect to game and fish wardens. (a) Game and fish wardens shall have power: (1) To
enforce all laws of this state relating to birds, animals and fish; (2) To execute all warrants
and search warrants for the violation of the game, fish and fur laws of the state; (3) To
serve subpoenas issued for examination, investigation and trial of all offenses against the
law relating to game, fur bearers, birds and fish; (4) To carry firearms as provided by law
for enforcement officers when in the discharge of their official duties; (5) To confiscate
all game, birds, animals or fish or parts thereof which have been caught, taken, killed or
held at a time in any manner or for any purpose or had in possession or under control or have
been shipped, carried or transported contrary to the laws of this state, and game, fur bearers,
birds, fish or parts thereof so confiscated shall be held as evidence in the...
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40-10-11
Section 40-10-11 Decree of sale. If service of such notice is perfected 10 days before
the commencement of the term to which the same is returnable, the cause shall stand for trial
at such term; and if no defense is interposed or if interposed and on trial thereof the same
is adjudged insufficient in law or is not sustained by the evidence adduced, the probate court
shall make and enter on such book or docket, a decree of sale substantially in the following
form: "It appearing to the court that the taxes have been assessed against the person
mentioned in this cause (or if the assessment is to owner unknown that the taxes have been
assessed on real estate mentioned in this cause) to the amount of (state amount here) dollars
for the year ___, and that the same are still due and unpaid or have been paid by the holder
of a tax lien certificate, and it further appearing that notice of this proceeding has been
given as required by law, and no valid defense has been interposed against...
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6-5-411
Section 6-5-411 Injuries to decedent's property resulting from wrongful act, etc., causing
death. (a) The personal representative of a deceased person may commence an action in a court
of competent jurisdiction within the State of Alabama, and not elsewhere, and recover such
damages as the jury may assess for injuries or damages to the property of the decedent resulting
from the same wrongful act, omission, or negligence which caused the death of the decedent,
provided the decedent could have commenced such action if the wrongful act, omission, or negligence
causing the property damage had not also caused his death. (b) Such action may be commenced
though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful
act, omission, or negligence; and it shall not abate by the death of the defendant, but may
be revived against his personal representative. (c) The damages recovered are not subject
to the payment of the debts or liabilities of the decedent, but...
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6-6-740
Section 6-6-740 Judgment for failure to pay over money collected or deliver personal
property recovered in capacity as attorney. (a) Judgment may, in like manner, be summarily
entered against any attorney-at-law in this state who fails to pay over money collected by
him or deliver personal property recovered by him in that capacity, whether by an action or
otherwise, on demand made by the person entitled thereto, his agent or attorney for the amount
collected or the value of the property recovered, less the amount due the attorney for fees
or compensation for services, interest thereon, and damages at the rate of five percent a
month, after such demand, on the aggregate amount, in the circuit court of the county in which
such attorney resides or, if he has no known place of residence in this state, in the circuit
court of any county, on three days' personal notice; but such attorney may, if a doubt exists
as to the right of the person making the demand or if there is a dispute as to...
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9-8-28
Section 9-8-28 Land-use regulations - Enforcement. Where the supervisors of any district
shall find that any of the provisions of land-use regulations prescribed in an ordinance adopted
in accordance with the provisions of Section 9-8-26 are not being observed on particular
lands and that such nonobservance tends to increase erosion on such lands and is interfering
with the prevention or control of erosion on other lands within the district, the supervisors
may present to the circuit court of the county in which the land of the defendant may lie,
a complaint, duly verified, setting forth the adoption of the ordinance prescribing land-use
regulations, the failure of the defendant landowner to observe such regulations and to perform
particular work, operations or avoidances as required thereby and that such nonobservance
tends to increase erosion on such lands and is interfering with the prevention or control
of erosion on other lands within the district and requesting the court to...
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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted
of an offense, other than a sex offense involving a child as defined in Section 15-20A-4,
that constitutes a Class A or Class B felony offense, and receives a sentence of 20 years
or less in any court having jurisdiction to try offenses against the State of Alabama and
the judge presiding over the case is satisfied that the ends of justice and the best interests
of the public as well as the defendant will be served thereby, he or she may order: (1) That
a defendant convicted of a Class A or Class B felony be confined in a prison, jail-type institution,
or treatment institution for a period not exceeding three years in cases where the imposed
sentence is not more than 15 years, and that the execution of the remainder of the sentence
be suspended notwithstanding any provision of the law to the contrary and that the defendant
be placed on probation for such period and upon such terms as the court...
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