|
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-26.08.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-26.13.htm - 1K - Match Info - Similar pages
40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-2B-2.htm - 39K - Match Info - Similar pages
6-6-26.04
Section 6-6-26.04 Beginning and concluding collaborative law process. (a) A collaborative law
process begins when the parties sign a collaborative law participation agreement. (b) A tribunal
may not order a party to participate in a collaborative law process over that party's objection.
(c) A collaborative law process is concluded by a: (1) resolution of a collaborative matter
as evidenced by a signed record; (2) resolution of a part of the collaborative matter, evidenced
by a signed record, in which the parties agree that the remaining parts of the matter will
not be resolved in the process; or (3) termination of the process. (d) A collaborative law
process terminates: (1) when a party gives notice to other parties in a record that the process
is ended; (2) when a party: (A) begins a proceeding related to a collaborative matter without
the agreement of all parties; or (B) in a pending proceeding related to the matter: (i) initiates
a pleading, motion, order to show cause, or request...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-26.04.htm - 3K - Match Info - Similar pages
6-6-26.01
Section 6-6-26.01 Definitions. In this division: (1) "Collaborative law communication"
means a statement, whether oral or in a record, or verbal or nonverbal, that: (A) is made
to conduct, participate in, continue, or reconvene a collaborative law process; and (B) occurs
after the parties sign a collaborative law participation agreement and before the collaborative
law process is concluded. (2) "Collaborative law participation agreement" means
an agreement by persons to participate in a collaborative law process. (3) "Collaborative
law process" means a procedure intended to resolve a collaborative matter without intervention
by a tribunal in which persons: (A) sign a collaborative law participation agreement; and
(B) are represented by collaborative lawyers. (4) "Collaborative lawyer" means a
lawyer who represents a party in a collaborative law process. (5) "Collaborative matter"
means a dispute, transaction, claim, problem, or issue for resolution, including a dispute,
claim, or issue...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-26.01.htm - 4K - Match Info - Similar pages
40-27-1
Section 40-27-1 Compact adopted; terms. The following Multistate Tax Compact is hereby approved,
adopted and enacted into law by the State of Alabama: Multistate Tax Compact Article I. Purposes.
The purposes of this compact are to: 1. Facilitate proper determination of state and local
tax liability of multistate taxpayers, including the equitable apportionment of tax bases
and settlement of apportionment disputes. 2. Promote uniformity or compatibility in significant
components of tax systems. 3. Facilitate taxpayer convenience and compliance in the filing
of tax returns and in other phases of tax administration. 4. Avoid duplicative taxation. Article
II. Definitions. As used in this compact: 1. "State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession
of the United States. 2. "Subdivision" means any governmental unit or special district
of a state. 3. "Taxpayer" means any corporation, partnership, firm,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-27-1.htm - 42K - Match Info - Similar pages
6-6-26.05
Section 6-6-26.05 Proceedings pending before tribunal; status report. (a) Persons in a proceeding
pending before a tribunal may sign a collaborative law participation agreement to seek to
resolve a collaborative matter related to the proceeding. The parties shall file promptly
with the tribunal a notice of the agreement after it is signed. Subject to subsection (c)
and Sections 6-6-26.06 and 6-6-26.07, the filing operates as an application for a stay of
the proceeding. (b) The parties shall file promptly with the tribunal notice in a record when
a collaborative law process concludes by agreement of the parties or by either party if the
process is terminated. The stay of the proceeding under subsection (a) is lifted when the
notice is filed. The notice may not specify any reason for termination of the process. (c)
A tribunal in which a proceeding is stayed under subsection (a) may require the parties and
collaborative lawyers to provide a status report on the collaborative law process...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-26.05.htm - 1K - Match Info - Similar pages
6-6-26.19
Section 6-6-26.19 Authority of tribunal in case of noncompliance. (a) If an agreement fails
to meet the requirements of Section 6-6-26.03, or a lawyer fails to comply with Section 6-6-26.13
or 6-6-26.14, a tribunal may nonetheless find that the parties intended to enter into a collaborative
law participation agreement if they: (1) signed a record indicating an intention to enter
into a collaborative law participation agreement; and (2) reasonably believed they were participating
in a collaborative law process. (b) If a tribunal makes the findings specified in subsection
(a), and the interests of justice require, the tribunal may: (1) enforce an agreement evidenced
by a record resulting from the process in which the parties participated; (2) apply the disqualification
provisions of Sections 6-6-26.04, 6-6-26.05, and 6-6-26.08; and (3) apply any privilege under
law. (Act 2013-355, p. 1267, ยง20.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-26.19.htm - 1K - Match Info - Similar pages
6-6-26.03
Section 6-6-26.03 Collaborative law participation agreement; requirements. (a) A collaborative
law participation agreement must: (1) be in a record; (2) be signed by the parties; (3) state
the parties' intention to resolve a collaborative matter through a collaborative law process
under this division; (4) describe the nature and scope of the matter and the collaborative
law process; (5) identify the collaborative lawyer who represents each party in the process;
(6) contain a statement by each collaborative lawyer confirming the lawyer's representation
of a party in the collaborative law process; (7) contain a provision informing the client
that the collaborative lawyer and his or her law firm must withdraw from their representation
of the client should the collaborative law process terminate under subsection (d) of Section
6-6-26.04; and (8) contain a statement explaining the disclosure of information required under
Section 6-6-26.11. (b) Parties may agree to include in a collaborative...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-26.03.htm - 1K - Match Info - Similar pages
12-21-135.1
Section 12-21-135.1 Video testimony by certain witnesses. (a) This section shall be known as
the "Alabama Armed Services Accommodation Act." (b) The Legislature finds it to
be an important matter of public policy that an accommodation be made for military members
who are asked to testify in civil or criminal trials in this state but are unable to attend
in person. The purpose of this section is to ease the burdens on military personnel and their
families brought on by the duty of appearing as a witness in a trial in this state when summoned.
The purpose of this section is also to allow members of the armed services to assist in trials
in this state as witnesses without interrupting their military service, while protecting the
rights of all parties in civil or criminal litigation. The purpose of this section is also
to better enable the fact-finder to obtain crucial evidence and will aid in the expeditious
resolution of cases in this state by providing a procedure in which testimony of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-135.1.htm - 5K - Match Info - Similar pages
|