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6-6-183
Section 6-6-183 Complaint for discovery of assets - Execution returned "no property found"
or creditor without lien or judgment; answer of debtor. A creditor, having obtained a judgment
upon which execution has issued and been returned "no property found" or a creditor
without a lien or judgment may, in a court of competent jurisdiction of the county in which
the judgment debtor resides or in a like court of the county in which the judgment was entered,
file a complaint for the discovery of the assets of the debtor subject to the payment of debts;
and the debtor must answer on oath and disclose all property, real or personal, in which he
may have or may claim an interest, legal or equitable; all moneys, effects, or choses in action
in which he may have or may claim an interest, legal or equitable; where such property, real
or personal, is situated or may be found; who has or may claim possession thereof; in whose
possession are the moneys, effects, or choses in action in which he has...
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6-9-63
Section 6-9-63 Execution where defendant dead. After six months from the date of the grant
of letters testamentary or of administration on the estate of any defendant, in a judgment
for money, execution thereof may be had by leave of the court entering the judgment, or of
the judge thereof, upon cause shown, against any property on which said judgment was a lien
at the time of the death of the defendant, and a sale of such property may be made in the
same manner and with the same effect as if the defendant were living. In case of the death
of the defendant in a judgment for the recovery of real or personal property, execution may
be had without revival in the same manner as if the defendant had not died. (Code 1907, §4096;
Code 1923, §7811; Code 1940, T. 7, §524.)...
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10A-2A-2.07
Section 10A-2A-2.07 Forum selection provisions. (a) The certificate of incorporation or the
bylaws may require that any or all internal corporate claims shall be brought exclusively
in any specified court or courts of this state and, if so specified, in any additional courts
in this state or in any other jurisdictions with which the corporation has a reasonable relationship.
(b) A provision of the certificate of incorporation or bylaws adopted under subsection (a)
shall not have the effect of conferring jurisdiction on any court or over any person or claim,
and shall not apply if none of the courts specified by that provision has the requisite personal
and subject matter jurisdiction. If the court or courts of this state specified in a provision
adopted under subsection (a) do not have the requisite personal and subject matter jurisdiction
and another court of this state does have jurisdiction, then the internal corporate claim
may be brought in the other court of this state,...
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12-21-73
Section 12-21-73 Additional or alternative mode of proof of certain official documents. As
an additional or alternative mode of proof, the following documents may be proved as follows:
(1) Acts of the executive of this state, by the records of the state Department of the State,
and of the United States, by the records of the State Department of the United States, certified
by the heads of these departments respectively; they may also be proved by public documents
printed by order of the Legislature or Congress, or either house thereof; (2) The proceedings
of the Legislature of this state or of Congress, by the journals of those bodies respectively,
or either house thereof, or by published statutes or resolutions or by copies certified by
the clerk or printed by their order; (3) The acts of the executive or the proceedings of the
Legislature of a sister state, in the same manner; (4) The acts of the executive or the proceedings
of the Legislature of a foreign country, by journals...
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15-2-20
Section 15-2-20 Application; appeal from denial; when defendant's personal presence unnecessary.
(a) Any person charged with an indictable offense may have his trial removed to another county,
on making application to the court, setting forth specifically the reasons why he cannot have
a fair and impartial trial in the county in which the indictment is found. The application
must be sworn to by him and must be made as early as practicable before the trial, or it may
be made after conviction upon a new trial being granted. (b) The refusal of such application
may, after final judgment, be reviewed and revised on appeal, and the Supreme Court or Court
of Criminal Appeals shall reverse and remand or enter such judgment on the application as
it may deem right without any presumption in favor of the judgment or ruling of the lower
court on such application. (c) If the defendant is in confinement, the application may be
heard and determined without the personal presence of the defendant in...
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18-1A-214
Section 18-1A-214 Payment of judgment by plaintiff; deduction of taxes from award. (a) Within
the time prescribed by Section 18-1A-290, the plaintiff shall pay the full amount required
by the judgment after crediting all amounts withdrawn by the defendant from funds on deposit.
The court for good cause may extend the time within which payment must be made for an additional
period not exceeding 30 additional days. (b) Payment may be made by the plaintiff by paying
money personally to the defendant, or to the legal representative of the defendant, taking
a receipt therefor and filing a copy with the court; or by depositing the amount of the award
with the probate court for the defendant. By making a deposit under this section the plaintiff
does not waive its right to review. (c) Within 30 days after a deposit of the award under
subsection (b), the court shall give written notice by first class mail to each defendant
whose address is known and for whom a disclaimer is not on file and who...
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30-5B-3
Section 30-5B-3 Judicial enforcement of order. (a) A person authorized by the law of this state
to seek enforcement of a protection order may seek enforcement of a valid foreign protection
order in a court of this state. The court shall enforce the terms of the order, including
terms that provide relief that a court of this state would lack power to provide but for this
section. The court shall enforce the order, whether the order was obtained by independent
action or in another proceeding, if it is an order issued in response to a complaint, petition,
or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce
a foreign protection order, the court shall follow the procedures of this state for the enforcement
of protection orders. (b) A court of this state may not enforce a foreign protection order
issued by a tribunal of a state that does not recognize the standing of a protected individual
to seek enforcement of the order. (c) A court of this state...
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10A-1-7.22
Section 10A-1-7.22 Transaction of business without registration; actions to restrain. (a) The
failure of a foreign filing entity to register to transact business in this state or to appoint
and maintain a registered agent in this state shall not impair the validity of any contract
or act of the foreign entity and shall not prevent the foreign entity from defending any action
or proceeding in any court of this state, but the foreign entity shall not maintain any action
or proceeding in any court of this state until it has delivered to the Secretary of State
for filing an application for registration or a statement of foreign limited liability partnership,
as applicable, in accordance with Section 10A-1-7.04. A foreign filing entity, by transacting
business in this state without filing an application for registration or a statement of foreign
limited liability partnership, as applicable, appoints the Secretary of State as its agent
for service of process with respect to causes of action...
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10A-2A-14.12
Section 10A-2A-14.12 Receivership or custodianship. (a) Unless an election to purchase has
been filed under Section 10A-2A-14.14, a court in a judicial proceeding brought to dissolve
a corporation may appoint one or more receivers to wind up and liquidate, or one or more custodians
to manage, the business and affairs of the corporation. The court shall hold a hearing, after
notifying all parties to the proceeding and any interested persons designated by the court,
before appointing a receiver or custodian. The court appointing a receiver or custodian has
jurisdiction over the corporation and all of its property wherever located. (b) The court
may appoint an individual, corporation, foreign corporation, or eligible entity as a receiver
or custodian, which, if a foreign corporation or foreign eligible entity, must be registered
to do business in this state. The court may require the receiver or custodian to post bond,
with or without sureties, in an amount the court directs. (c) The...
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15-12-1
Section 15-12-1 Definitions. When used in this chapter, the following terms shall have the
following meanings: (1) APPOINTED COUNSEL. Any attorney licensed to practice law in the State
of Alabama who is appointed by the court to represent an indigent defendant. (2) CONTRACT
COUNSEL. Any attorney licensed to practice law in the State of Alabama, or a firm, association,
corporation, or partnership of lawyers so licensed, executing a contract for the provision
of indigent defense services. (3) DIRECTOR. The Director of the Office of Indigent Defense
Services. (4) INDIGENT DEFENDANT. Any person involved in a criminal or juvenile proceeding
in the trial or appellate courts of the state for which proceeding representation by counsel
is constitutionally required or is authorized or required by statute or court rule, including
parents of children during the termination of parental rights hearings, who under oath or
affirmation states that he or she is unable to pay for his or her...
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