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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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25-9-22
Section 25-9-22 Witnesses at proceedings under chapter generally. (a) The chief has the authority
to administer oaths and to issue subpoenas requiring the attendance of witnesses to testify
under oath in any proceeding and to require witnesses to answer all questions propounded to
them. The sheriff or constable in the county in which such witnesses may reside or be found
shall execute subpoenas issued as above provided, and they shall each receive for their services
in executing such subpoenas the same fees as are allowed them respectively for executing subpoenas
in other cases. Any witnesses summoned as above mentioned shall be entitled to the same mileage
and per diem as is now allowed by law to such witnesses attending trials in the circuit court.
(b) If any witness subpoenaed as above mentioned shall fail to attend without good excuse,
in accordance with the subpoena served on him, or shall fail to testify when attending, the
chief before whom said proceedings are being had shall...
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43-8-193
Section 43-8-193 Proceedings against defaulting witness. If any witness, being duly summoned,
fails to attend, the judge of probate shall enter up a conditional fine against him, not exceeding
$50.00, and shall thereupon issue a notice to such witness to appear at a term of said court,
not more than 30 days from the date of such notice and show cause why such fine should not
be made absolute. The proceedings thereafter shall be governed by the same rules, and such
witness shall be subject to the same liabilities, except as to the amount of the fine, as
are provided by law in cases of defaulting witnesses in the circuit court. (Code 1852, §1642;
Code 1867, §1961; Code 1876, §2325; Code 1886, §1993; Code 1896, §4291; Code 1907, §6200;
Code 1923, §10629; Code 1940, T. 61, §56; Code 1975, §43-1-73.)...
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45-41-80.01
Section 45-41-80.01 Circuit judgeship number 3 - Appointment; election; term. Judgeship number
3 for the circuit court shall be filled at the general election held in the year 1998, provided
the judgeship has been precleared under Section 5 of the Voting Rights Act of 1965, 42 U.S.C.,
Section 1973c, at least 60 days prior to the opening of candidate qualifying preceding the
1998 primary election. If the judgeship has not been precleared at least 60 days prior to
the opening of candidate qualifying preceding the 1998 primary election, the judgeship shall
first be filled by gubernatorial appointment, to take office on or after January 18, 1999,
following preclearance. If the judgeship is filled in the 1998 election, the first six-year
term of office for the judge serving in judgeship number 3 shall begin the first Monday after
the second Tuesday in January following the general election held in 1998. Circuit judgeship
number 3 may not be deemed vacant prior to the date set for the...
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45-47-80.02
Section 45-47-80.02 Additional court costs - Circuit clerk's fund. (a) Any court costs assessed
pursuant to Act 720 of the 1978 Regular Session (Acts 1978, p. 1035), in the Twenty-fifth
Judicial Circuit, before September 1, 2011, and which were collected after September 1, 2011,
pursuant to assessment as provided above for distribution to the public defender fund of each
county in the circuit, shall be distributed to the circuit clerk's fund of the respective
counties in the circuit. (b) In addition, the distribution of any funds collected pursuant
to Act 720 before September 1, 2011, which were distributed after the public defender fund
was no longer operable by order of the presiding circuit court judge, or otherwise, are retroactively
ratified and confirmed as to the distribution to the respective circuit clerk's funds in the
circuit. (c) Notwithstanding any law to the contrary, while a supernumerary circuit clerk
may take an oath of office and serve as an active circuit clerk if...
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45-8A-22.126
Section 45-8A-22.126 Claims review procedure. Within 30 days after any final decision of the
retirement board, any party, including the governing body of the City of Anniston, aggrieved
at the decision of the retirement board may appeal from such decision to the Circuit Court
of Calhoun County. Such appeal shall be de novo and shall be heard by a judge sitting without
a jury. Upon the taking of such appeal, the appellant shall serve notice thereof upon the
secretary-treasurer. Such appeal shall be heard by the circuit court at the earliest possible
date. No bond shall be required for such an appeal. Such an appeal shall be perfected by the
appellant filing a notice thereof with the clerk of the circuit court. An appeal may be taken
from any decision of the circuit court to the Court of Civil Appeals in the manner provided
by law or rule, or both, for taking appeals in other cases. (Act 2012-484, p. 1349, §27.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-8A-22.126.htm - 1K - Match Info - Similar pages
45-37-121.19
Section 45-37-121.19 Dismissals, demotions, suspensions, and appeals. (a) An appointing authority
may dismiss or demote an employee holding permanent status for just cause whenever he or she
considers the good of the service will be served thereby, for reason stated in writing, served
on the affected employee, and a copy furnished to the director, which action shall become
a public record. The dismissed or demoted employee may within 10 days after notice, appeal
from the action of the appointing authority by filing with the board and the appointing authority
a written answer to the charges. The board shall order a public hearing of such charges. The
hearing shall be before a panel of three attorneys randomly selected by the presiding Judge
of Probate of Jefferson County from a list of attorneys who are licensed to practice law in
this state and who are otherwise qualified in the opinion of the judge of probate to hear
the appeal. The panel shall hear testimony offered in support and...
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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
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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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45-20-82.20
Section 45-20-82.20 Clerk-secretary. (a) The District Attorney of the Twenty-second Judicial
Circuit is authorized to provide a clerk-secretary to attend all grand jury sessions in the
circuit at the request of the grand juries. The clerk-secretary shall perform such clerical
and secretarial duties as the grand juries and district attorney may prescribe and shall transcribe
the testimony and other matters being brought before the grand jury. (b) Either the secretary,
administrative assistant, or trial coordinator in the district attorney's office shall be
designated as the clerk-secretary by the district attorney. When directed by the district
attorney for such circuit, the clerk-secretary shall attend in person, except as otherwise
provided, the sessions of each grand jury held in such circuit and in every manner or proceeding
before such grand jury take stenographic notes of the oral testimony and proceedings and note
the order in which all documentary evidence is introduced. (c)...
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