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16-44B-1
Section 16-44B-1 Compact. ARTICLE I PURPOSE It is the purpose of this compact to remove
barriers to education success imposed on children of military families because of frequent
moves and deployment of their parents by: A. Facilitating the timely enrollment of children
of military families and ensuring that they are not placed at a disadvantage due to difficulty
in the transfer of education records from the previous school district(s) or variations in
entrance/age requirements. B. Facilitating the student placement process through which children
of military families are not disadvantaged by variations in attendance requirements, scheduling,
sequencing, grading, course content or assessment. C. Facilitating the qualification and eligibility
for enrollment, educational programs, and participation in extracurricular academic, athletic,
and social activities. D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of...
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18-1A-212
Section 18-1A-212 Crediting amounts paid or withdrawn from deposited funds. (a) The
judgment shall credit against the total amount awarded to the defendant any payments made
before the date of entry of the judgment by plaintiff to the defendant as compensation for
the property taken, plus any funds which the defendant withdrew from money deposited by the
plaintiff. (b) If the amount to be credited against the award under subsection (a) exceeds
the total amount awarded, the judgment shall require the defendant to pay the excess to the
plaintiff or other person entitled thereto. (Acts 1985, No. 85-548, p. 802, §1203.)...
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6-8-85
Section 6-8-85 Judgment for defendant - Permissive counterclaims. If the debt or demand
permissively counterclaimed exceeds the amount of the plaintiff's demand, the amount of such
excess being found by the jury or court trying the same, judgment must be entered against
the plaintiff for costs and in favor of the defendant for such excess, and where there is
more than one defendant and the debt or demand permissively counterclaimed belongs to only
one defendant, then judgment for such excess must be entered in favor of such defendant for
such excess. (Code 1852, §2241; Code 1867, §2643; Code 1876, §2992; Code 1886, §2679;
Code 1896, §3729; Code 1907, §5860; Code 1923, §10174; Code 1940, T. 7, §352.)...
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12-1-23
Section 12-1-23 Reasonable accommodation for those in need of special services, etc.
(a) If any plaintiff, defendant, or witness in any proceeding before the district court, circuit
court, appellate court, or grand jury is in need of special services or equipment as required
by the Americans with Disabilities Act [P.L. 101-366], the court shall make every effort to
make reasonable accommodation for the services or equipment to allow the person to fully participate
in the proceedings. All costs for the services or equipment shall be approved in advance by
the court. (b) The costs incurred by the district, circuit, or appellate court providing special
services or equipment, when approved by the court in advance, shall be forwarded by the clerk
of the court to the State Comptroller to be paid out of funds within the State General Fund
known as "court assessed costs not provided for." Nothing in this section
shall prohibit the court from taxing the costs against one or more of the parties...
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6-11-23
Section 6-11-23 No presumption of correctness; court to conduct hearings; admissible
relevant evidence; trial court to independently reassess award of punitive damages. (a) No
presumption of correctness shall apply as to the amount of punitive damages awarded by the
trier of the fact. (b) In all cases wherein a verdict for punitive damages is awarded, the
trial court shall, upon motion of any party, either conduct hearings or receive additional
evidence, or both, concerning the amount of punitive damages. Any relevant evidence, including
but not limited to the economic impact of the verdict on the defendant or the plaintiff, the
amount of compensatory damages awarded, whether or not the defendant has been guilty of the
same or similar acts in the past, the nature and the extent of any effort the defendant made
to remedy the wrong and the opportunity or lack of opportunity the plaintiff gave the defendant
to remedy the wrong complained of shall be admissible; however, such information...
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27-42-11
Section 27-42-11 Settlement and payment of claims; recovery. (a) Any person recovering
under this chapter shall be deemed to have assigned his or her rights under the policy to
the association to the extent of his or her recovery from the association. Every insured or
claimant seeking the protection of this chapter shall cooperate with the association to the
same extent as such person would have been required to cooperate with the insolvent insurer.
The association shall have no cause of action against the insured of the insolvent insurer
for any sums it has paid out except for those causes of action the insolvent insurer would
have had if such sums had been paid by the insolvent insurer and except as provided in subsections
(d), (e), (f), (g), and (h) below. In the case of an insolvent insurer operating on a plan
with assessment liability, payments of claims of the association may not operate to reduce
the liability of insureds to the receiver, liquidator, or statutory successor for...
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12-21-131
Section 12-21-131 Interpreters for persons defective in speech and/or hearing - Qualified
interpreter provided in certain criminal and juvenile proceedings; requirements; fees. (a)
Deaf person means any person either totally deaf, or who has defective hearing, or who has
both defective hearing and speech. (b) For the purpose of this section, the term qualified
interpreter means an interpreter certified by the National Registry of Interpreters for the
Deaf, Alabama Registry of Interpreters for the Deaf, or, in the event an interpreter so certified
is not available, an interpreter whose qualifications are otherwise determined. Efforts to
obtain the services of a qualified interpreter certified with a legal skills certificate or
a comprehensive skills certificate will be made prior to accepting services of an interpreter
with lesser certification. No qualified interpreter shall be appointed unless the appointing
authority and the deaf person make a preliminary determination that the...
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27-32-39
Section 27-32-39 Priority of claims of policyholders and beneficiaries - Reinsuring
of policies. (a) When, upon hearing, the circuit court having jurisdiction of a receivership
shall determine it to be in the best interest of the policyholders and the public, the court
may order and direct the receiver to reinsure the policies of the insurer with a solvent insurer
to the extent of the assets available in the receivership. The circuit court is hereby empowered
to place a lien or moratorium against policy benefits and values as necessary to reinsure
all policyholders as fully as possible to the extent of assets available and to order the
receiver to transfer such assets as determined adequate, necessary, or available to reinsure
policies of the insolvent insurer with a solvent insurer, to the exclusion of general creditors
should no assets remain thereafter. (b) Except as provided in subsection (c), reinsurance
shall be payable under a contract reinsured by the assuming insurer on the...
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6-6-351
Section 6-6-351 Writs of restitution or possession - Suspension upon payment of rent
by defendant. (a) Notwithstanding any other provisions of law or of the Alabama Rules of Civil
Procedure, in cases of forcible entry or unlawful detainer, an appeal to circuit court or
to appellate court does not prevent the issue of a writ of restitution or possession unless
the defendant pays to the clerk of the district court all rents called for under the terms
of the lease, since the date of the filing of the action and continues to pay all rent that
becomes due and payable under the terms of the lease as they become due, during the pendency
of the appeal, and the sums are to be ascertained by the judge. (b) If the defendant should
fail to make any payments as they become due under subsection (a), the court shall issue a
writ of restitution or possession and the plaintiff shall be placed in full possession of
the premises. (c) Upon disposition of the appeal, the court shall direct the clerk as to...
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38-9F-6
Section 38-9F-6 Sworn petition for relief on behalf of elderly person. (a) If a plaintiff
lacks the physical or mental capacity to seek protection for himself or herself, the following
may file a sworn petition for relief on behalf of the plaintiff: (1) A court appointed guardian.
The petition must include a copy of the court order appointing the petitioner as the plaintiff's
guardian. (2) A court appointed conservator. The petition must include a copy of the court
order appointing the petitioner as the plaintiff's conservator. (3) A temporary guardian appointed
pursuant to Section 26-2A-107. The petition must include a copy of the court order
appointing the petitioner as the plaintiff's temporary guardian. (4) An agent, co-agent, or
successor agent appointed under the plaintiff's validly executed power of attorney who acts
within the authority of the power of attorney. The petition shall include a copy of the power
of attorney. (5) A health care proxy appointed under the plaintiff's...
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