12-19-150
Section 12-19-150 Legislative intent; assessment of fees in criminal cases; submission of cost
bill by municipal or district court clerk and making of final assessment of costs in circuit
court upon appeals from municipal or district courts to circuit courts. (a) It is hereby declared
to be the policy of the state that docket fees and other court costs in criminal cases shall
generally be assessed only upon conviction. It is further declared to be the policy of the
state that a creditor shall not use the criminal process in order to collect civil debts.
The state does recognize that situations will arise from time to time wherein justice may
best be served by allowing a judge to enter an order dismissing a case upon the payment of
costs by the defendant or by the complainant where the judge has determined that the criminal
process has been abused. (b) Docket fees and other court costs in criminal cases shall be
assessed upon conviction; provided that, in the interest of justice,...
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12-21-225
Section 12-21-225 Testimony for state or defendant by convict. (a) The presiding judge of any
circuit court or district court having reason to believe that the testimony of any convict
serving a sentence in the penitentiary or to hard labor for the county is necessary in any
criminal prosecution for the state and that other evidence cannot be obtained on behalf of
the state may order a writ to be issued by the clerk, commanding the Board of Corrections
to have the convict before the court on a specified day to give testimony in the particular
case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution
showing that a convict serving sentence in the penitentiary knows facts which would be beneficial
to him, the judge may, if he believes the ends of justice will be served thereby, order the
issuance of such a writ to secure the appearance of the convict to testify on behalf of the
defendant. The writ shall be served on the board at least one week...
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12-22-133
Section 12-22-133 Retention of jurisdiction by trial court. Where an appeal is taken from the
judgment of any municipal, district or circuit court in criminal cases, the trial court retains
jurisdiction for the purpose of granting a motion for a new trial and also retains jurisdiction
for the purpose of enforcing its judgment where the appeal is dismissed before the judgment
of the appellate court is entered. (Code 1923, §3251; Code 1940, T. 15, §382.)...
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15-6-22
Section 15-6-22 Hearing; discharge of defendant; continuation of hearing. When a person complained
of is brought before the circuit, district or municipal court judge, he and his witnesses
must be heard in his defense; and, if on hearing the witnesses on both sides it appears that
there is no just reason to fear the commission of the offense, the defendant must be discharged.
If the hearing is continued, the judge shall require the defendant to give bail for his appearance,
and, failing to furnish the bail, the defendant must be committed to jail. (Code 1852, §412;
Code 1867, §3961; Code 1876, §4030; Code 1886, §4684; Code 1896, §5165; Code 1907, §7525;
Code 1923, §5143; Code 1940, T. 15, §406.)...
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36-19-14
Section 36-19-14 Repair, etc., of buildings, etc., upon failure of party, etc., to obey order
of court; payment of expenses thereof. In case the order of the circuit court is sustained
or the appeal dismissed for any cause, if any party or parties fail to comply with the order
as modified on appeal by the circuit court or Court of Civil Appeals as provided in this article
and within the time fixed by said courts, the said court may cause such building or premises
to be repaired, torn down, demolished, materials removed and all dangerous conditions remedied,
as the case may be, at the expense of such party or parties; and, if such party or parties
within 30 days thereafter fail, neglect or refuse to repay such officer the expense thereby
incurred by him, such officer shall certify said expense to the Fire Marshal, and the Fire
Marshal shall immediately pay said expense out of the Fire Marshal Fund. (Acts 1919, No. 701,
p. 1013, §8; Code 1923, §970; Code 1940, T. 55, §42.)...
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37-1-126
Section 37-1-126 Superseding order - Order of stay or supersedeas. An appeal to the Circuit
Court of Montgomery County shall not stay or supersede the order or action of the commission
appealed from. Subject to the provisions of this subdivision, the circuit court may, upon
hearing and notice, and after consideration of the testimony taken before the commission,
stay or supersede the order or action of the commission. (1) If the appeal to the circuit
court is from an order of the commission reducing or refusing to increase rates, fares or
charges, or any of them, or any schedule or part or parts of any schedule, of such rates,
fares or charges, the circuit court shall not direct or order a supersedeas or stay of the
action or order appealed from without requiring, as a condition precedent to the granting
of such supersedeas, that the utility applying for the same shall execute and file with the
clerk of said court a bond which shall be as provided in this subdivision. (2) If the...
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37-1-129
Section 37-1-129 Superseding order - Additional bond. An additional bond of like amount and
with the same conditions shall be given at the end of each six months pending the appeal to
the Circuit Court of Montgomery County and pending any subsequent appeal by any party to the
supreme court. (Acts 1909, No. 42, p. 96; Code 1923, §9841; Code 1940, T. 48, §87.)...
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37-1-132
Section 37-1-132 Right of appeal to supreme court. Any party may appeal to the Supreme Court
of Alabama from the judgment of the Circuit Court of Montgomery County. In connection with
any such appeal by a utility, if no supersedeas bond has been previously given to supersede
the action or order of the commission, the utility appealing the judgment of the circuit court
may supersede such judgment by filing a bond upon application, in such amount, and upon such
condition, all as is provided in this subdivision. Except as otherwise provided in this subdivision,
the appeal to the supreme court shall be taken in accordance with the Alabama Rules of Appellate
Procedure. (Code 1907, §5687; Code 1923, §9679; Code 1940, T. 48, §90.)...
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37-14-13
Section 37-14-13 Judicial determination of legality, etc., of article - Hearing; entry of judgment;
appeals. At the time and place designated in said order, the judge of said circuit court shall
proceed to hear and determine all questions of law and of fact in said civil action, and he
shall make such order, or orders, as to the proceedings in said civil action as will best
preserve and protect the interests of all parties and to enable him to enter a final judgment
with the least possible delay. The final judgment shall find the facts specially and shall
state separately the judge's conclusions with regard to any and all legal issues raised with
regard to any of the provisions of this article and proposed purchase and sale of distribution
facilities and other transactions and restrictions under this article, together with other
matters raised in the complaint, and shall state the judge's conclusions of law thereon. Any
citizen of the state may appear in such proceedings, either...
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45-19-80.20
Section 45-19-80.20 Legislative findings; additional court costs. (a) The Legislature finds
that the office of sheriff is an integral part of the court system of this state and Coosa
County. It further notes that our judicial process could not operate without the assistance
of the sheriff's department which serves summons and other processes. (b) In Coosa County,
in addition to all other fees, there shall be taxed as costs the sum of five dollars ($5)
in each civil or quasi-civil action at law, suit in equity, criminal case, quasi-criminal
case, proceedings on a forfeited bail bond, or proceedings on a forfeited bond given in connection
with an appeal from a judgment or conviction in the Circuit Court of Coosa County, or the
District Court of Coosa County, hereinafter filed in or arising in the Circuit Court of Coosa
County, or the District Court of Coosa County, or brought by appeal, certiorari or otherwise
to the Circuit Court of Coosa County, or the District Court of Coosa County,...
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