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12-13-15
Section 12-13-15 Chief clerk of probate court - Acts which may be performed by chief clerk
during vacancy in office of probate judge; authority, compensation and liability of chief
clerk for acts performed during such vacancy. Whenever a vacancy shall occur in the office
of the probate judge, the chief clerk in that office, appointed and qualified as authorized
by law, shall, during such vacancy and until the qualification of a lawful successor, perform
all the duties of that office which he is authorized by law to perform when there is no vacancy,
but must not receive money on decrees or executions or become the custodian of trust funds
pertaining to the court. He may make all necessary orders for the continuances of cases and
proceedings pending in the court. All such duties are to be performed, during such vacancy,
by such chief clerk in his own name as clerk of the probate court, and he is entitled to the
lawful fees therefor. For his official acts under this article, such chief...
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12-19-191
Section 12-19-191 Constables. (a) Constables shall be entitled to the following fees in criminal
cases: (1) For executing a search warrant by day ..... $1.00 (2) For executing a search warrant
by night ..... 2.00 (3) For executing any other warrant or writ of arrest ..... 1.50 (4) For
serving each subpoena or notice issued by a court of the Unified Judicial System ..... .50
(5) For carrying a person before a magistrate under a warrant of arrest or to jail when committed
thereto, for himself and each necessary guard, to be proved by his own oath, for each mile
..... .10 (6) For carrying a prisoner to the jail of another county, when there is no sufficient
jail in the proper county, the same fees that were allowed to the sheriff for similar services
on December 18, 1973, to be paid in the same manner. (7) For taking and approving each bond
of undertaking ..... .50 (b) In all criminal prosecutions, the fees specified in subsection
(a) of this section for the services rendered in the case...
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13A-12-193
Section 13A-12-193 Proof of age of person contained in visual depiction; inferences as to age.
(a) In proving that a person in a visual depiction who is engaged in any obscene act set out
in Sections 13A-12-191, 13A-12-192, 13A-12-196 and 13A-12-197 is under the age of 17 years,
the state is not required to introduce into evidence a birth certificate, produce testimony
as to the date of birth of such person, or produce testimony of any person who knows or is
acquainted with the person alleged to be under the age of 17 years. If the defendant or the
state intends to rely on a birth certificate to prove the date of birth of any person in the
visually reproduced matter, such defendant or the state shall file with the clerk of the court
in which the action is pending, at least 15 days prior to trial, a notice of an intention
to rely on an official, certified copy of a birth certificate together with a copy of the
birth certificate. (b) A jury, or the court if a jury trial is waived, may...
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32-7-2
Section 32-7-2 Definitions. For the purposes of this chapter, the following terms shall have
the meanings respectively ascribed to them in this section, except in those instances where
the context clearly indicates a different meaning: (1) DIRECTOR. The Director of Public Safety
of the State of Alabama. (2) JUDGMENT. Any judgment which shall have become final by expiration
without appeal of the time within which an appeal might have been perfected, or by final affirmation
on appeal rendered by a court of competent jurisdiction of any state or of the United States,
upon a cause of action arising out of the ownership, maintenance or use of any motor vehicle,
for damages, including damages for care and loss of services, because of bodily injury to
or death of any person, or for damages because of injury to or destruction of property, including
the loss of use thereof, or upon a cause of action on an agreement of settlement for those
damages. (3) LICENSE. Any license, temporary instruction...
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38-9F-8
Section 38-9F-8 Ex parte relief. (a) If it appears from a petition for an elder abuse protection
order or a petition to modify an elder abuse protection order that elder abuse has occurred
or a modification is warranted, the court may do either of the following: (1) Without notice
or hearing, immediately issue an ex parte elder abuse protection order or modify an ex parte
elder abuse protection order as it deems necessary. (2) After providing notice as required
by the Alabama Rules of Civil Procedure, issue an elder abuse protection order or modify an
elder abuse protection order after a hearing whether or not the defendant appears. (b) Based
upon a risk of imminent potential harm to the plaintiff, a court may grant one or more of
the following ex parte forms of relief without prior notice to the defendant or a hearing:
(1) Enjoin the defendant from threatening to commit or committing acts of elder abuse against
the plaintiff and any other individual designated by the court. (2)...
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40-3-25
Section 40-3-25 Appeals - Procedure. All appeals from the rulings of the board of equalization
fixing value of property shall be taken within 30 days after the final decision of said board
fixing the assessed valuation as provided in this chapter. The taxpayer shall file notice
of said appeal with the secretary of the board of equalization and with the clerk of the circuit
court and shall file bond to be filed with and approved by the clerk of the circuit court,
conditioned to pay all costs, and the taxpayer or the state shall have the right to demand
a trial by jury by filing a written demand therefor within 10 days after the appeal is taken.
When an appeal is taken, the taxpayer shall pay the taxes due as fixed for assessment for
the preceding tax year before the same becomes delinquent; and, upon failure to do so, the
court upon motion ex mero motu must dismiss the appeal, unless at the time of taking the appeal
the taxpayer has executed a supersedeas bond with sufficient sureties...
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45-27A-30.09
Section 45-27A-30.09 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into the program, there shall be a written agreement between the municipal
prosecutor and the offender. The agreement shall include the terms of the pretrial diversion
program, the length of the program, and the period of time after which the municipal prosecutor
shall proceed to dispose of the charges against the offender or what charges the offender
will plead guilty to and the recommended disposition of the matter. If, as a part of the pretrial
diversion program, the offender agrees to plead guilty to a particular offense and receive
a recommended sentence, this agreement concerning the offense and recommended sentence shall
be submitted to and shall be subject to the approval of the municipal judge prior to admission
of the offender into the pretrial diversion program. (b) As a condition to being admitted
into the pretrial diversion program, the municipal prosecutor...
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45-34-82.07
Section 45-34-82.07 Costs and fees. (a) An applicant shall be assessed a fee when the applicant
is approved for the program. The amount of the assessment for participation in the program
shall be in addition to any court costs and assessments for victims or drug, alcohol, or anger
management treatment required by law, and are in addition to costs of supervision, treatment,
and restitution for which the person may be responsible. Pretrial diversion program fees as
established by this part may be waived or reduced for just cause at the discretion of the
district attorney. A schedule of payments for any of these fees may be established by the
district attorney. (b) The following fees shall be applied to applicants accepted into the
pretrial diversion program: (1) Felony offenses: up to eight hundred fifty dollars ($850).
(2) Misdemeanor offenses, excluding traffic: up to five hundred dollars ($500). (3) Traffic
offenses: up to three hundred dollars ($300). (4) Violations: up to two...
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11-51-154
Section 11-51-154 Bond to dissolve temporary injunctive relief - Execution; security; exception.
(a) When the court has granted a temporary restraining order or preliminary injunction, it
shall not be dissolved until the respondent has executed a bond in an amount fixed by the
court with sufficient surety to be approved by the register or clerk, containing a waiver
of exemptions as to personal property, conditioned to pay such judgment and lawful court costs
as the court upon final hearing may enter against the respondent, except as provided below.
(b) The surety bond required to be made in this section shall remain in full force and effect
as security for any judgment and court costs the court may enter and tax against the respondent,
but if the respondent takes an appeal and gives a supersedeas bond, upon affirmance of the
appeal, the surety bond provided by this section shall become null and void. (c) The respondent
shall not, however, be required to post the surety bond required in...
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13A-11-75
Section 13A-11-75 Permit to carry pistol in vehicle or concealed on person - Issuance; fee;
revocation; release of information. (a)(1)a. The sheriff of a county, upon the application
of any person residing in that county, within 30 days from receipt of a complete application
and accompanying fee, shall issue or renew a permit for such person to carry a pistol in a
vehicle or concealed on or about his or her person within this state for one- to five-year
increments, as requested by the person seeking the permit, from date of issue, unless the
sheriff determines that the person is prohibited from the possession of a pistol or firearm
pursuant to state or federal law, or has a reasonable suspicion that the person may use a
weapon unlawfully or in such other manner that would endanger the person's self or others.
In making such determination, the sheriff may consider whether the applicant: 1. Was found
guilty but mentally ill in a criminal case. 2. Was found not guilty in a criminal case...
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