40-2A-7
years from the date the return is filed with the department, whichever is later. This subparagraph
shall not apply to any corporation unless dissolution is completed within 18 months of the
date of the written notice. e. If a taxpayer has made the election provided in subsection
(d) or (e) of Section 40-18-8, a preliminary assessment based on the gain realized as a result
of the involuntary conversion [in the case of subsection (d) of Section 40-18-8] or a rollover
of gain on the sale of a personal residence [as provided in subsection (e) of Section
40-18-8] may be entered within three years from the date the taxpayer notified the department
of the replacement of the property in accordance with subsection (d) or (e) of Section 40-18-8,
as the case may be, or of his or her intention not to replace the property. f. If a taxpayer
has validly elected to have the provisions of subdivision (a) (7) of Section 40-18-6 and subsection
(l) of Section 40-18-8 apply to an acquisition of stock...
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34-13-11
than one surviving grandparent, a majority of the surviving grandparents. Less than a majority
of the surviving grandparents may be vested with the rights and duties of this section if
reasonable efforts have been made to notify all surviving grandparents of the instructions
and a majority of the surviving grandparents are not aware of any opposition to the instructions.
(9) The guardian of the decedent at the time of the death of the decedent, if a guardian had
been appointed. (10) The personal representative of the estate of the decedent. (11)
The person in the classes of the next degree of kinship, in descending order, under the laws
of descent and distribution to inherit the estate of the decedent. If there is more than one
person of the same degree, any person of that degree may exercise the right of disposition.
(12) The public officer, administrator, or employee responsible for arranging the final disposition
of the remains of the decedent if the disposition of the remains...
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6-6-26.08
Section 6-6-26.08 Disqualification of collaborative lawyer and lawyers in associated law firm.
(a) Except as otherwise provided in subsection (c), a collaborative lawyer is disqualified
from appearing before a tribunal to represent a party in a proceeding related to the collaborative
matter. This disqualification is not subject to waiver by the parties. (b) Except as otherwise
provided in subsection (c), a lawyer in a law firm with which the collaborative lawyer is
associated is disqualified from appearing before a tribunal to represent a party in a proceeding
related to the collaborative matter if the collaborative lawyer is disqualified from doing
so under subsection (a) or other court order. (c) A collaborative lawyer or a lawyer in a
law firm with which the collaborative lawyer is associated may represent a party: (1) to ask
a tribunal to approve an agreement resulting from the collaborative law process and prepare
and file all documents necessary to obtain a final order; or (2) to...
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6-6-26.13
Section 6-6-26.13 Appropriateness of collaborative law process. Before a prospective party
signs a collaborative law participation agreement, a prospective collaborative lawyer shall:
(1) assess with the prospective party factors the lawyer reasonably believes relate to whether
a collaborative law process is appropriate for the prospective party's matter; (2) provide
the prospective party with information that the lawyer reasonably believes is sufficient for
the party to make an informed decision about the material benefits and risks of a collaborative
law process as compared to the material benefits and risks of other reasonably available alternatives
for resolving the proposed collaborative matter; and (3) advise the prospective party that:
(A) after signing an agreement if a party initiates a proceeding or seeks tribunal intervention
in a pending proceeding related to the collaborative matter, the collaborative law process
terminates; (B) participation in a collaborative law process...
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34-24-174
Section 34-24-174 Form and content of final order. (a) The final order in a proceeding shall
be in writing and made a part of the record and include findings of fact and conclusions of
law separately stated, and it shall be rendered within 45 days: (1) After the hearing is concluded,
if conducted by the board; (2) After the board accepts any proposed findings of fact and conclusions
of law or proposed final order from any party in a disciplinary hearing; (3) After a recommended
order, or findings and conclusion are submitted to the board and mailed to all parties, if
the hearing is conducted by a hearing officer; or (4) The 45-day period may be waived or extended
with the consent of all parties. (b) Findings of fact, if set forth in a manner which is no
more than mere tracking of the statutory language, shall be accompanied by a statement of
the underlying facts of record which support the findings. (c) If the board finds that an
immediate danger to the public health, safety, or...
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41-22-16
facts underlying such findings in the final order, which shall be appealable or enjoinable
from the date rendered. (d) Parties shall be notified either personally or by certified mail
return receipt requested of any order and, unless waived, a copy of the final order shall
be so delivered or mailed to each party or to his attorney of record. Provided, however, that,
except as hereinafter provided, notification of any order other than a final decision or order
subject to judicial review may, where permitted by existing statute, be delivered by first
class mail, postage prepaid, and delivery shall be effective upon deposit of the notice and,
unless waived, the final order in the mail; provided, the notification of the final order
subject to judicial review, together with a copy of the final order, shall be delivered either
by personal service as in civil actions or by certified mail, return receipt requested.
(Acts 1981, No. 81-855, p. 1534, §16; Acts 1986, No. 86-472, p. 880, §1.)...
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45-45-81.32
Section 45-45-81.32 Seized currency. (a) Any law enforcement agency of Madison County that
is in possession of seized currency which it intends to make part of a forfeiture proceeding
in the circuit court, at the election of the law enforcement agency, may deliver the currency
to the circuit clerk for deposit with a federally insured financial institution ordinarily
and customarily used by the clerk for the holding of funds in the custody of the clerk. (b)
Absent an order of the circuit court, no law enforcement agency may be required to deposit
seized currency pursuant to the procedure contained in this section. The law enforcement agency
may elect to deposit only a portion of currency seized in the manner provided in this section
while maintaining the remaining portion of the seized currency in its original form. In determining
whether to maintain currency in its original form, the law enforcement agency may consider
whether the currency has significant, independent, tangible...
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31-2A-64
Section 31-2A-64 (Article 64.) Review by the Senior Judge Advocate. (a) Each general and special
court-martial case in which there has been a finding of guilty shall be reviewed by the senior
judge advocate, or a designee for the convening authority. The senior judge advocate, or designee,
may not review a case under this subsection if that person has acted in the same case as an
accuser, investigating officer, member of the court, military judge, or counsel or has otherwise
acted on behalf of the prosecution or defense. The senior judge advocate's review shall be
in writing and shall contain all of the following: (1) Conclusions as to whether: a. The court
had jurisdiction over the accused and the offense. b. The charge and specification stated
an offense. c. The sentence was within the limits prescribed as a matter of law. (2) A response
to each allegation of error made in writing by the accused. (3) If the case is sent for action
under subsection (b), a recommendation as to the...
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12-16-13
Section 12-16-13 Charges moved for by parties; appeals; general charges. Charges moved for
by either party must be in writing and must be given or refused in the terms in which they
are written, and it is the duty of the judge to write "given" or "refused,"
as the case may be, on the document and sign his name thereto, which thereby becomes a part
of the record. Charges which are marked "given" by the trial judge must be taken
by the jury with them on retirement, and those "refused" must be retained by the
clerk. The court shall, after the conclusion of his charge to the jury, read such written
charges as he has given for the parties in a clear and audible voice, saying to the jury,
"these are instructions given you by the court at the request of the plaintiff or defendant,
as the case may be, and are correct statements of the law to be taken by you in connection
with what has already been said to you." The refusal of a charge, though a correct statement
of the law, shall not be cause...
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12-21-3.1
Section 12-21-3.1 Subpoena of law enforcement officers and investigative reports; disposition
of criminal matters. (a) Neither law enforcement investigative reports nor the testimony of
a law enforcement officer may be subject to a civil or administrative subpoena except as provided
in subsection (c). (b) Law enforcement investigative reports and related investigative material
are not public records. Law enforcement investigative reports, records, field notes, witness
statements, and other investigative writings or recordings are privileged communications protected
from disclosure. (c) Under no circumstance may a party to a civil or administrative proceeding
discover material which is not authorized discoverable by a defendant in a criminal matter.
Noncriminal parties may upon proper motion and order from a court of record: Secure photographs,
documents and tangible evidence for examination and copying only by order of a court imposing
such conditions and qualifications as may be...
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