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12-12-70
Section 12-12-70 Right of appeal and procedure for appeals generally; dismissal for failure
to appear. (a) Civil cases. Any party may appeal from a final judgment of the district court
in a civil case by filing notice of appeal in the district court, within 14 days from the
date of the judgment or the denial of a posttrial motion, whichever is later, or, if the appeal
is to an appellate court, within the time prescribed by the Alabama Rules of Appellate Procedure
or the Alabama Rules of Juvenile Procedure where applicable, together with security for costs
as required by law or rule. (b) Criminal cases. A defendant may appeal from a final judgment
of the district court in a criminal or quasi-criminal case by filing notice of appeal within
14 days from the date of judgment or from the date of denial of a post-trial motion, whichever
is later, together with such bond as may be fixed by the court, conditioned upon the defendant's
appearance before the circuit court; provided, however, that...
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15-20A-40
Section 15-20A-40 Public records - Certified copies of adjudication or conviction. (a) It is
the intent of the Legislature that a duplicate of a certified copy of a public record be admissible
and is not dependent on the original custodian of record to gain admissibility. Further, the
Legislature finds that the certification by the clerk of the court and the certification by
the Alabama State Law Enforcement Agency assures reliability and trustworthiness. (b) The
clerk of the court shall forward a certified copy of a sex offender's adjudication or conviction
to the Alabama State Law Enforcement Agency within 30 days of receipt of the order of adjudication
or conviction of any of the offenses listed in Section 15-20A-5. (c) Any state, county, or
municipal law enforcement agency, the Attorney General, or a district attorney may request
a duplicate of the sex offender's adjudication or conviction from the Alabama State Law Enforcement
Agency. (d) Upon the request of any of the agencies...
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15-4-4
Section 15-4-4 Service of subpoenas; proceedings against defaulting witnesses; endorsement
as presumptive evidence of default. (a) In an inquest under this chapter, the sheriff or any
constable must serve subpoenas for witnesses or they may be served by the coroner. (b) If
any witness, being subpoenaed, fails to attend, the coroner must endorse on the subpoena his
default, sign his name thereto and return the same to the clerk of the circuit court of the
county within five days thereafter, and such witness must be proceeded against in such court,
in the name of the state, as if he were a defaulter therein, the endorsement of the coroner
being presumptive evidence of the default. (Code 1852, §815; Code 1867, §4366; Code 1876,
§3994; Code 1886, §4804; Code 1896, §4927; Code 1907, §7165; Code 1923, §4560; Code 1940,
T. 15, §79.)...
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28-3-193
Section 28-3-193 Penalties on failure of wholesaler licensee to timely pay tax due; execution
and levy; lien. (a) Every wholesaler licensee collecting tax on beer levied by this article
shall timely pay the same as provided in this article. Every such wholesaler licensee failing
for a period of 10 days beyond the due date to pay the said tax due pursuant to this article
shall be required to pay as part of the taxes imposed under this article a penalty of not
less than $50.00, nor more than $250.00, to be assessed and collected by the authority to
whom the taxes are to be paid. In addition to such penalty, any wholesaler licensee failing
for a period of 10 days beyond the due date to pay all or any part of the tax due pursuant
to this article shall not be entitled to deduct and retain the two and one-half percent discount
prescribed in Section 28-3-190(b) hereof upon any portion of the tax which is not timely paid.
(b) If any taxes or penalties imposed by this article remain due and...
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28-4-288
Section 28-4-288 Execution of bond by defendant or claimant for recovery of seized vehicle,
etc., pending appeal; proceedings upon failure of bondsmen to deliver said vehicle, etc.,
upon affirmance of judgment upon appeal, etc. Whenever a conveyance, vehicle of any kind or
animal used in drawing the same is seized by an officer of the state under the prohibition
laws of this state and has been condemned by the circuit court that tried the action, the
defendant in the proceedings or the claimant of the property, pending an appeal to the Supreme
Court or Court of Civil Appeals, may, upon motion, have the court immediately appraise the
value of said property and of the several items separately and shall have the right to execute
a bond with two good sureties in double the appraised value of such property or of any item
or items thereof, to be approved by the clerk or register of the circuit court, conditioned,
in the event the appeal is affirmed or reversed and the conveyance, vehicle,...
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6-10-36
Section 6-10-36 Contest of exemption claim - Assessment of value of property and damages resulting
from detention on bond; judgment and execution on bond. When bond has been executed by the
plaintiff or defendant for the forthcoming of the property in contest, the value of the property,
and the damages resulting from its detention must be assessed by the court or jury trying
the contest. If the unsuccessful party fails for 20 days after judgment to deliver the property
and pay the damages as required by the condition of the bond, it shall be the duty of the
sheriff to make due return of that fact; and, upon such return being made, the bond shall
have the force and effect of a judgment, and execution may issue thereon against the obligors
on the bond for the value of the property and the damages assessed, or either, and costs.
(Code 1876, §2836; Code 1886, §2532; Code 1896, §2058; Code 1907, §4185; Code 1923, §7907;
Code 1940, T. 7, §650.)...
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12-19-54
Section 12-19-54 Proceedings for retaxation of excessive costs in probate courts. (a) If the
taxation of costs by a probate court is excessive by charging the costs of witnesses who were
not examined, by charging costs to an improper party or by taxing costs contrary to law, the
party aggrieved may move the court for a retaxation, setting forth the particulars in which
the clerk has erred. This section shall apply to costs taxed in probate courts in all cases
and proceedings where such courts have jurisdiction, and any aggrieved party to any case or
proceeding may move the circuit court in the county where such case or proceeding is pending
for a retaxation of such costs, setting forth the particulars wherein such probate court costs
were improperly taxed. Such motion may be heard on five days' notice to the officers or persons
claiming said fees or costs, and the same shall be passed on by the judge as other motions
are heard and passed upon. From a judgment or order refusing or...
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12-21-180
Section 12-21-180 Subpoenas for witnesses. (a) At the request of any party to a pending case,
or the attorney of a party, the clerk of the court must issue subpoenas for witnesses, whose
addresses shall be given by the person requesting the subpoena, specifying therein the time
and place for their appearance, the title of the case and the party at whose instance they
are summoned and commanding them to appear in conformity therewith and give testimony. (b)
No subpoena shall issue for a witness residing more than 100 miles from the place of trial,
computed by the route usually traveled, unless the person requesting the subpoena makes affidavit
that the personal attendance of the witness is necessary to a proper decision of the case
and that the deposition of the witness would be insufficient for that purpose, and the fact
that such affidavit has been made must be endorsed by the clerk upon the subpoena. (c) A subpoena
issued under this section shall be directed "To any sheriff of the...
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30-4-63
Section 30-4-63 Proceedings upon violation of terms of support order or probation bond. If
at any time the judge of the juvenile court is satisfied, by sufficient proof upon due notice
and hearing, that the defendant has violated the terms of any such order of support or the
terms of any such probation bond, said judge may forthwith, or after further probation, make
and enter an order setting aside such suspension of said judgment and sentence, and may issue
a warrant for the arrest of such defendant, and may, upon such arrest, commit him to jail
or to the sheriff of such county, to serve such sentence, as if same had never been suspended.
Said judge, in such contingency, shall have the right and authority, whether said defendant
is allowed further probation or not, to declare said bond or recognizance forfeited, and the
sum or sums recovered thereon shall be paid to the clerk of the juvenile court for the use
of defendant's wife or children, or both, in the same manner as other money...
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6-5-284
Section 6-5-284 Instrument lost or destroyed by theft, etc.; evidence of loss, destruction
and contents; execution bond. (a) In an action commenced on a bond, note, bill of exchange,
or other instrument which has been lost or destroyed by theft or otherwise, if affidavit is
made by the plaintiff of such loss or destruction and the contents thereof and that the same
has not been paid or otherwise discharged and accompanies the complaint, it must be received
as presumptive evidence both of the contents and loss or destruction of such instrument, unless
the defendant by answer, verified by affidavit, denies the execution of such bond, note, or
bill or the endorsement, acceptance, or the contents thereof, in which case proof of such
execution, endorsement, acceptance, or contents must be made by the plaintiff; provided, that
this section must not be so construed as to authorize an action for the recovery of bank notes
or bills issued to circulate as money and alleged to be lost or...
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