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6-5-160.2
Section 6-5-160.2 Security bond for preliminary injunction, etc. No security bond shall be
required to issue a preliminary injunction or temporary restraining order sought by the Attorney
General, district attorney, or an attorney appearing for the county or municipality. At the
discretion of the court, a security bond may be required to issue a preliminary injunction
or temporary restraining order. Where relief is issued after an evidentiary hearing at which
witnesses are subject to cross examination, the court may not require a security bond in excess
of one thousand dollars ($1,000). (Act 98-467, p. 893, §3.)...
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30-3C-8
Section 30-3C-8 Emergency measures to prevent abduction. (a) In response to a petition filed
under this chapter, before a hearing on the matter, the court may enter an ex parte order
for emergency measures to prevent abduction, including an ex parte warrant to take physical
custody of the child, or an order for any other emergency relief as necessary to prevent abduction
of a child, including imposing travel restrictions with the child, on the petitioner or the
respondent or on both the petitioner and the respondent. (b) An ex parte order for relief
under this chapter shall include: (1) the basis for the court's exercise of jurisdiction;
(2) the manner in which notice and opportunity to be heard were given to the persons entitled
to notice of the proceeding, including a finding by the court of compliance with Rule 65 of
the Alabama Rules of Civil Procedure, if applicable; (3) a detailed description of each party's
custody and visitation rights and residential arrangements for the child...
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22-11A-36
Section 22-11A-36 Appeal of commitment order; notice of appeal; limitations to be placed upon
liberty of person pending appeal. An appeal from an order of the probate court granting a
petition seeking to commit a person to the custody of the Alabama Department of Public Health
or such other facility as the court may order lies to the circuit court for trial de novo
unless the probate judge who granted the petition was learned in the law, in which case the
appeal lies to the Alabama Court of Civil Appeals on the record. Notice of appeal shall be
given in writing to the probate judge within five days after the respondent has received actual
notice of the granting of the petition and shall be accompanied by security for costs, to
be approved by the probate judge, unless the probate judge finds that the person sought to
be committed is indigent, in which case no security shall be required. Upon the filing of
a notice of appeal, the probate judge shall determine and enter an order setting...
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22-52-7
Section 22-52-7 Restrictions on imposition of limitations upon liberty of person sought to
be committed pending hearings; ordering, etc., of examinations of person sought to be committed;
supervision of temporary treatment. (a) When a petition has been filed seeking to have limitations
placed upon the liberty of a respondent pending the outcome of a final hearing on the merits,
the probate judge shall order the sheriff of the county in which the respondent is located
to serve a copy of the petition upon the respondent and to bring the respondent before the
probate judge instanter. When any respondent against whom a petition has been filed seeking
to have limitations placed upon the respondent's liberty pending the outcome of a full and
final hearing on the merits is initially brought before the probate judge, the probate judge
shall determine from an interview with the respondent and with other available persons what
limitations, if any, shall be imposed upon the respondent's liberty...
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26-2A-103
Section 26-2A-103 Notice in guardianship proceeding. (a) In a proceeding for the appointment
of a guardian of an incapacitated person, and, if notice is required in a proceeding for appointment
of a temporary guardian, notice of hearing must be given to each of the following: (1) The
person alleged to be incapacitated, her or his spouse (if any), and adult children, or if
none, parents; (2) Any person who is serving as guardian, conservator, or who has the care
and custody of the person alleged to be incapacitated; (3) In case no other person is notified
under paragraph (1), at least one of the nearest adult relatives residing in this state, if
any can be found; and (4) Any other person as directed by the court. (b) Notice of hearing
on a petition for an order subsequent to appointment of a guardian must be given to the ward,
the guardian, and any other person as ordered by the court. (c) Notice must be served personally
on the alleged incapacitated person. Notices to other persons as...
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6-5-146
Section 6-5-146 Service of complaint on and answer by defendants; granting of preliminary injunction.
(a) A copy of the complaint, together with a notice of the time and place of the hearing of
the application for a preliminary injunction, shall be served upon the defendants at least
five days before such hearing. If the hearing shall then be continued at the instance of any
defendant, the temporary writ as petitioned for shall be granted as a matter of course. (b)
Each defendant so notified shall serve upon the plaintiff or the attorney filing the complaint
a verified answer on or before the date fixed in said notice for said hearing, and such answer
shall be filed with the register or clerk of the court wherein such case is triable, but the
court or judge may allow additional time for answering, providing such extension of time shall
not prevent the issuing of said temporary writ as petitioned for. (Acts 1919, No. 53, p. 52;
Code 1923, §§9287, 9288; Code 1940, T. 7, §§1098,...
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2-26-6
Section 2-26-6 Injunctive proceedings to restrain persons selling, processing, cleaning, etc.,
seed without permit. Any person required to secure a permit as provided under Section 2-26-5
who fails or refuses to apply for and obtain such a permit and pay the fee therefor may be
restrained from engaging in the sale of agricultural, vegetable, flower, tree, shrub or herb
seed or from operating a seed cleaning, shelling, delinting or processing plant. In addition
to the penalty provided in this article, the Commissioner of Agriculture and Industries may
file a petition in the circuit court for a temporary restraining order or permanent injunction
or both; and, for cause shown, the court shall have jurisdiction to restrain or enjoin any
person from engaging in the sale of seed without securing the permit as required under this
article. Such temporary restraining order or permanent injunction shall be issued without
bond. (Acts 1963, No. 424, p. 931, §11.)...
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34-28A-5
Section 34-28A-5 Proceedings to enjoin or restrain violations of chapter. The board, the Attorney
General, or the local district attorney may apply to the circuit court in the county in which
a violation of this chapter is alleged to have occurred for an order enjoining or restraining
the commission or continuance of the acts complained of. Thereupon, the court has jurisdiction
over the proceedings and may grant any temporary or permanent injunction or restraining order,
without bond, as it deems just and proper. The remedy provided by this section is in addition
to and independent of any other remedies available for the enforcement of this chapter. (Acts
1975, 4th Ex. Sess., No. 90, p. 2756, §16; Acts 1997, No. 97-160, p. 218, §3.)...
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13A-12-200.7
Section 13A-12-200.7 Civil action to enjoin violations; hearing; procedures; precedence over
other matters. (1) When there is reason to believe that any person is violating or is about
to violate any of the provisions of this division, the Attorney General or district attorney
may initiate a civil action in the circuit court in the name of the State of Alabama against
such person for preliminary and permanent injunctive relief, to prevent or enjoin the violation.
The Alabama Rules of Civil Procedure shall apply to the extent that such rules are not inconsistent
with this section; provided, however, that no temporary restraining order shall be issued
pursuant to this section. No bond shall be required of the official bringing the action and
the official, the political subdivision and the officers, agents, and employees of the political
subdivision shall not be liable for costs or damages, other than court costs, by reason of
injunctive orders not being granted or where judgment is...
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2-8-211
Section 2-8-211 Penalty; inspection of books and records; injunctions. (a) Any ginner of cotton
who willfully fails or refuses to collect and pay to the Commissioner of Agriculture and Industries
any assessment required by this article to be so collected and remitted to the commissioner
shall be guilty of a Class C misdemeanor. Any ginner of cotton who fails or refuses to allow
the Commissioner of Agriculture and Industries or his authorized agents and employees to inspect
and review his books and records which disclose the bales of cotton he ginned for the purpose
of ascertaining accuracy of amounts of assessments collected and remitted as required under
this article shall also be guilty of a Class C misdemeanor. (b) In addition to the above penalty
and notwithstanding the existence of an adequate remedy, the circuit court or any judge thereof,
shall have jurisdiction for cause shown to grant a temporary or permanent injunction, or both,
restraining and enjoining any person from...
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