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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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12-21-182
Section 12-21-182 Proceedings upon failure of subpoenaed witness to attend and remain. (a)
Any witness who, after being subpoenaed, fails to attend pursuant to the mandate of the subpoena
and remain until his testimony is given or he is discharged forfeits $100.00 to the use of
the party summoning him, and the attendance of such witness may be compelled by attachment.
(b) A conditional judgment must, on motion of such party, be entered against such witness
and a notice issued to him that such judgment will be made absolute unless he appears within
30 days from the date of the service of such notice and renders a good excuse for his default;
and, if he fails to appear and render a satisfactory excuse for his default, such judgment
may be made absolute or reduced, as the court may direct. (c) Witnesses failing to attend
court may make their excuse by affidavit, or viva voce, in open court, which the court must
hear at any time, unless engaged in the trial of a case, and, if the excuse is...
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12-16-89
Section 12-16-89 Negligent failure of sheriff or deputy to summon juror. If the sheriff or
any deputy shall negligently fail to summon any person to serve as a juror whom he is commanded
to summon, he shall be held and deemed guilty of a contempt of court and shall be fined not
more than $100.00 in every case where the person is not so served, and he may also be imprisoned
in the county jail for not more than five days. The return of any such person as "not
found" shall be prima facie evidence of negligence on the part of the sheriff or deputy
making the return, and he shall be punished by the court unless the court is reasonably satisfied
from evidence produced that he was not negligent. (Acts 1909, No. 227, p. 305; Code 1923,
§§8620, 8621; Code 1940, T. 30, §§36, 37.)...
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12-21-2
Section 12-21-2 Production of books, etc., generally - By resident nonparties; failure to comply.
(a) When any deed, writing or other document which it may be necessary to use as testimony
in any case may be in the possession of any person resident in this state who is not a party
to the case, the clerk of the court in which the case is pending shall, upon application of
the party or his attorney desirous of using such testimony, issue a subpoena duces tecum directed
to the person having such book or other document in his possession, requiring him to appear
and bring with him into court the paper desired to be used as testimony. Service shall be
by a sheriff, constable or some private person, and the official return of the sheriff or
constable or the affidavit of such private person shall be sufficient evidence that the same
was duly served; but, in all cases, the judge may require the summary production of any book
or document by subpoena duces tecum where the witness is able to...
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31-2-100
Section 31-2-100 Courts-martial for members of National Guard - Subpoena of witnesses. A court-martial
may subpoena any witness residing within 100 miles of the place where the court is sitting
to appear and testify before it, and the sheriff, on receiving any subpoena issued by direction
of the court-martial and signed by the judge advocate thereof, or by the officer holding a
summary court, shall make service and return of service as provided by law in criminal cases.
Any person failing to appear at any court-martial in this state to testify in accordance with
the subpoena issued by such court-martial, without lawful excuse, is guilty of a misdemeanor
and shall, upon conviction, be fined not more than $100 or imprisoned for not more than 60
days in the county jail, either or both. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940,
T. 35, §136; Acts 1973, No. 1038, p. 1572, §101.)...
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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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12-16-145
Section 12-16-145 Alternate juror selection and qualification plan; master list; random selection;
disqualification. Notwithstanding any provision of Title 12, Chapter 16, the presiding circuit
judge, with the consent of the circuit judges of the court, may elect to utilize the following
alternate juror selection and qualification plan after notice to the Administrative Director
of Courts, which eliminates the master jury box and the interposition of the jury commission
in the qualifying process, and embraces and combines the qualification and summoning process,
as follows: The jury commission shall meet and cause to be compiled and maintained a master
list of persons in the county, together with their residence addresses, who may be called
for jury service. The list shall be compiled and maintained, avoiding duplication as far as
possible, from one or more of the sources named in Section 12-16-57 to include persons whose
listings will foster the policy and protect the rights provided...
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12-16-70
Section 12-16-70 Names of prospective jurors provided from master jury list; preparation of
list; summons. When jurors, grand or petit, are needed for court, the judge, or where there
are more than one, then any one of the judges of the court, shall at a time within his or
her discretion, but at least 20 days prior to the date on which the prospective jurors are
to serve, draw or cause to be provided from the master jury list compiled pursuant to Rule
40, Alabama Rules of Judicial Administration, the names of prospective jurors in a number
the judge deems sufficient to obtain the juries needed for the period for which the names
are drawn; provided, however, if prior to the date of service, it appears that an insufficient
number of prospective jurors summoned will be available to constitute the juries for the period
for which they were summoned, the court shall cause the names of additional prospective jurors
to be provided and to be summoned for service forthwith. The names so provided...
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9-12-42
Section 9-12-42 Duty to replant oysters and oyster shells on public reefs; option to pay replanting
costs, etc.; penalties. (a) The Marine Resources Division may establish by rule a shell fee
to be used for the replanting of oyster cultch material on the public reefs of this state
or for otherwise managing the oyster resources of this state. This fee shall be charged on
a per sack basis to all seafood dealers who are purchasing oysters directly from the harvester.
The fee shall be calculated and paid quarterly. The payment is due no later than one month
after the end of the previous quarter. (b) The division shall establish an Oyster Management
Fund and all monies paid to the department pursuant to the shell fee shall be deposited in
this fund. The monies in this Oyster Management Fund shall be used by the division to replant
cultch material on the public reefs of this state, to cultivate the public reefs of this state,
or to otherwise manage the oyster resources of this state. (c)...
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38-10-9
Section 38-10-9 Investigations by department as to location of parents and ability of parents
to furnish child support; authority to notify parent of support duty; falsification of report
as to parent's income, etc.; citation to require in-court testimony; employer's duty to provide
certain information. (a) The department is authorized and empowered to conduct investigations
to determine the location of parents and putative parents alleged or known to owe child support.
(b) The department is authorized and empowered to conduct investigations to determine the
location, income, and assets including real or personal property or income producing property
of parents alleged or known to have a child support obligation. (c) The department is authorized
and empowered to notify a parent of his legal duty to provide support and to require information
concerning his financial status in order to determine whether or not he is financially able
to provide support. (d) Such notice may inform the...
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