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6-9-254
Section 6-9-254 Lack of personal jurisdiction; recognition sought. (a) A foreign-country judgment
may not be refused recognition for lack of personal jurisdiction if: (1) the defendant was
served with process personally in the foreign country; (2) the defendant voluntarily appeared
in the proceeding, other than for the purpose of protecting property seized or threatened
with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
(3) the defendant, before the commencement of the proceeding, had agreed to submit to the
jurisdiction of the foreign court with respect to the subject matter involved; (4) the defendant
was domiciled in the foreign country when the proceeding was instituted or was a corporation
or other form of business organization that has its principal place of business in, or was
organized under the laws of, the foreign country; (5) the defendant had a business office
in the foreign country and the proceeding in the foreign court...
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6-9-253
Section 6-9-253 Recognition of foreign-country judgments. (a) Except as otherwise provided
in subsections (b) and (c), a court of this state shall recognize a foreign-country judgment
to which this article applies. (b) A court of this state shall not recognize a foreign-country
judgment if: (1) the judgment was rendered under a judicial system that does not provide impartial
tribunals or procedures compatible with the requirements of due process of law; (2) the foreign
court did not have personal jurisdiction over the defendant; or (3) the foreign court did
not have jurisdiction over the subject matter. (c) A court of this state need not recognize
a foreign-country judgment if: (1) the defendant in the proceeding in the foreign court did
not receive notice of the proceeding in sufficient time to enable the defendant to defend;
(2) the judgment was obtained by fraud that deprived the losing party of an adequate opportunity
to present its case; (3) the judgment or the claim for relief on...
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6-9-252
Section 6-9-252 Applicability of article. (a) Except as otherwise provided in subsection (b),
this article applies to a foreign-country judgment to the extent that the judgment: (1) grants
or denies recovery of a sum of money; and (2) under the law of the foreign country where rendered,
is final, conclusive, and enforceable. (b) This article does not apply to a foreign-country
judgment, even if the judgment grants or denies recovery of a sum of money, to the extent
that the judgment is: (1) a judgment for taxes; (2) a fine or other penalty; or (3) a judgment
for divorce, support, or maintenance, or other judgment rendered in connection with domestic
relations. (c) A party seeking recognition of a foreign-country judgment has the burden of
establishing that this article applies to the foreign-country judgment. (Act 2012-470, p.
1296, ยง3.)...
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30-3D-705
Section 30-3D-705 Direct request. (a) A petitioner may file a direct request seeking establishment
or modification of a support order or determination of parentage of a child. In the proceeding,
the law of this state applies. (b) A petitioner may file a direct request seeking recognition
and enforcement of a support order or support agreement. In the proceeding, Sections 30-3D-706
through 30-3D-713 apply. (c) In a direct request for recognition and enforcement of a Convention
support order or foreign support agreement: (1) a security, bond, or deposit is not required
to guarantee the payment of costs and expenses; and (2) an obligee or obligor that in the
issuing country has benefited from free legal assistance is entitled to benefit, at least
to the same extent, from any free legal assistance provided for by the law of this state under
the same circumstances. (d) A petitioner filing a direct request is not entitled to assistance
from the Department of Human Resources. (e) This article...
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30-3D-304
Section 30-3D-304 Duties of initiating tribunal. (a) Upon the filing of a petition authorized
by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying
documents: (1) to the responding tribunal or appropriate support enforcement agency in the
responding state; or (2) if the identity of the responding tribunal is unknown, to the state
information agency of the responding state with a request that they be forwarded to the appropriate
tribunal and that receipt be acknowledged. (b) If requested by the responding tribunal, a
tribunal of this state shall issue a certificate or other document and make findings required
by the law of the responding state. If the responding tribunal is in a foreign country, upon
request the tribunal of this state shall specify the amount of support sought, convert that
amount into the equivalent amount in the foreign currency under applicable official or market
exchange rate as publicly reported, and provide any other...
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30-3B-305
Section 30-3B-305 Registration of child custody determination. (a) A child custody determination
issued by a court of another state may be registered in this state, with or without a simultaneous
request for enforcement, by sending to the appropriate court in this state: (1) A letter or
other document requesting registration; (2) Two copies, including one certified copy, of the
determination sought to be registered, and a statement under penalty of perjury that to the
best of the knowledge and belief of the person seeking registration the order has not been
modified; and (3) Except as otherwise provided in Section 30-3B-209, the name and address
of the person seeking registration and any parent or person acting as a parent who has been
awarded custody or visitation in the child custody determination sought to be registered.
(b) On receipt of the documents required by subsection (a), the registering court shall: (1)
Cause the determination to be filed as a foreign judgment, together...
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14-15-10
Section 14-15-10 Actions concerning prison conditions; prisoner release orders. (a) In any
civil action with respect to prison conditions, no prisoner release order shall be entered
unless both of the following are satisfied: (1) A court has previously entered an order for
less intrusive relief that has failed to remedy the deprivation of the right sought to be
remedied through the prisoner release order. (2) The defendant has had a reasonable amount
of time to comply with the previous court orders. (b) In any civil action in state court with
respect to prison conditions, a prisoner release order shall be entered by a three-judge court,
if the requirements of subsection (f) have been met. (c) In any action required to be heard
and determined by a court of three judges, the composition and procedure of the court shall
be as follows: (1) Upon the filing of a request for three judges, the judge to whom the request
is presented shall immediately notify the Chief Justice of the Alabama...
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12-21-12
Section 12-21-12 Proof by substantial evidence required; scintilla rule abolished; higher standard
of proof; substantial evidence defined; application. (a) In all civil actions brought in any
court of the State of Alabama, proof by substantial evidence shall be required to submit an
issue of fact to the trier of the facts. Proof by substantial evidence shall be required for
purposes of testing the sufficiency of the evidence to support an issue of fact in rulings
by the court, including without limitation, motions for summary judgment, motions for directed
verdict, motions for judgment notwithstanding the verdict, and other such motions or pleadings
respecting the sufficiency of evidence. (b) The scintilla rule of evidence is hereby abolished
in all civil actions in the courts of the State of Alabama. (c) With respect to any issue
of fact for which a higher standard of proof is required, whether by statute, or by rule or
decision of the courts of the state, substantial evidence shall...
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30-3-169.3
Section 30-3-169.3 Change of custody. (a) Upon the entry of a temporary order or upon final
judgment permitting the change of principal residence of a child, a court may consider a proposed
change of principal residence of a child as a factor to support a change of custody of the
child. In determining whether a proposed or actual change of principal residence of a minor
child should cause a change in custody of that child, a court shall take into account all
factors affecting the child, including, but not limited to, the following: (1) The nature,
quality, extent of involvement, and duration of the child's relationship with the person proposing
to relocate with the child and with the non-relocating person, siblings, and other significant
persons or institutions in the child's life. (2) The age, developmental stage, needs of the
child, and the likely impact the change of principal residence of a child will have on the
child's physical, educational, and emotional development, taking into...
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10A-2A-8.31
Section 10A-2A-8.31 Standards of liability for directors. Notwithstanding Division C of Article
3 of Chapter 1: (a) A director shall not be liable to the corporation or its stockholders
for any decision to take or not to take action, or any failure to take any action, as a director,
unless the party asserting liability in a proceeding establishes that: (1) no defense interposed
by the director based on (i) any provision in the certificate of incorporation authorized
by Section 10A-2A-2.02(b)(4) or by Section 10A-2A-2.02(b)(6), or (ii) the protection afforded
by Section 10A-2A-8.60, precludes liability; and (2) the challenged conduct consisted or was
the result of: (i) action not in good faith; or (ii) a decision (A) which the director did
not reasonably believe to be in the best interests of the corporation, or (B) as to which
the director was not informed to an extent the director reasonably believed appropriate in
the circumstances; or (iii) a lack of objectivity due to the...
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