12-22-193
Section 12-22-193 Examination of petitioner; subpoena of witnesses; ascertainment of financial
information; estimate of costs and fees. Upon the filing of the petition with the clerk or
the trial judge within the time prescribed in Section 12-22-92, the trial judge shall have
the defendant or petitioner brought before him and shall examine the defendant or petitioner
under oath concerning the required averment in the petition that the defendant or petitioner
is without sufficient funds, and has no reasonable way to procure the same, to pay the court
reporter all of his lawful fees for transcribing the evidence and other proceedings had at
the trial or on the hearing of said case or the fees of the clerk which will accrue on appeal.
The trial court, at such hearing, may issue subpoenas for witnesses as deemed necessary and
may call upon the sheriff, the district attorney and other officers of the court to ascertain
information relevant to the financial condition and ability of defendant...
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12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on
the merits of the petition in accordance with subsection (d) within 90 calendar days of the
date the petition was filed. The court, for good cause, may extend the time within which it
must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a
hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by
the trial judge and may include oral argument and review of relevant documentation in support
of, or in objection to, the granting of the petition. Leave of the court shall be obtained
for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition,
the court may consider the following factors, in addition to the information contained in
the postsentence report: (1) The nature and seriousness of the offense....
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15-18-75
Section 15-18-75 Civil action by victim of crime; credit for restitution paid. Nothing in this
article limits or impairs the right of a person injured by a defendant's criminal activities
to sue or recover damages from the defendant in a civil action. Evidence that the defendant
has paid or has been ordered to pay restitution pursuant to this article may not be introduced
in any civil action arising out of the facts or events which were the basis for the restitution.
However, the court shall credit any restitution paid by the defendant to a victim against
any judgment in favor of the victim in such civil action. If conviction in a criminal trial
necessarily decides the issue of a defendant's liability for pecuniary damages for a victim,
that issue is conclusively determined as to the defendant, if it is involved in a subsequent
civil action. (Acts 1980, No. 80-588, p. 928, §11.)...
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45-27A-30.05
Section 45-27A-30.05 Program requirements; records. (a) An offender who enters into the pretrial
diversion program shall satisfy each of the following requirements: (1) Voluntarily waive,
in writing, and contingent upon the successful completion of the program, his or her right
to a speedy trial. (2) Agree, in writing, to the tolling, while in the program, of the periods
of limitation established by relevant statutes or rules of court. (3) Agree, in writing, to
the conditions of the pretrial diversion program established by the prosecutor for the offender.
(4) Agree, in writing, to pay restitution, if any, due to the victim within a specified period
of time and in an amount to be determined by the municipal court taking into account circumstances
of the offender and victim. Any restitution collected under this subsection shall be made
payable to and disbursed by the clerk of the municipal court. (5) Provide a statement, written
and signed by the offender, to the municipal prosecutor...
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12-21-180
Section 12-21-180 Subpoenas for witnesses. (a) At the request of any party to a pending case,
or the attorney of a party, the clerk of the court must issue subpoenas for witnesses, whose
addresses shall be given by the person requesting the subpoena, specifying therein the time
and place for their appearance, the title of the case and the party at whose instance they
are summoned and commanding them to appear in conformity therewith and give testimony. (b)
No subpoena shall issue for a witness residing more than 100 miles from the place of trial,
computed by the route usually traveled, unless the person requesting the subpoena makes affidavit
that the personal attendance of the witness is necessary to a proper decision of the case
and that the deposition of the witness would be insufficient for that purpose, and the fact
that such affidavit has been made must be endorsed by the clerk upon the subpoena. (c) A subpoena
issued under this section shall be directed "To any sheriff of the...
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15-25-32
Section 15-25-32 Out-of-court statement - Requirements for admissibility. An out-of-court statement
may be admitted as provided in Section 15-25-31, if: (1) The child testifies at the proceeding,
or testifies by means of video tape deposition as provided by Section 15-25-2, or testifies
by means of closed circuit television as is provided in Section 15-25-3, and at the time of
such testimony is subject to cross-examination about the out-of-court statements; or (2)a.
The child is found by the court to be unavailable to testify on any of these grounds: 1. The
child's death; 2. The court finds that there are reasonable grounds to believe that the defendant
or someone acting on behalf of the defendant has intentionally removed the child from the
jurisdiction of the court; 3. The child's total failure of memory; 4. The child's physical
or mental disability; 5. The child's incompetency, including the child's inability to communicate
about the offense because of fear or a similar reason; or...
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36-11-10
Section 36-11-10 Proceedings in Supreme Court - Summoning and examination of witnesses generally;
appointment and duties of examiners; conduct of trial. In all original proceedings commenced
under this chapter in the Supreme Court, either party shall have compulsory process to compel
the attendance of witnesses, to be issued by the clerk of the court and served by the marshal
of the court or by any sheriff of the state. Such witnesses shall be sworn and examined on
the trial in open court. The examination of such witnesses shall be conducted and defaulting
witnesses shall be subject to similar proceedings and penalties as in criminal cases in the
circuit court; but, on the written consent of the defendant, the court or a justice thereof,
in term time or vacation, may appoint one or more examiners, whose duty it shall be, jointly
or severally, as may be directed in the order of appointment, to take and certify by such
day as may be fixed in the order of appointment the evidence against...
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45-41-83.14
Section 45-41-83.14 Legislative intent; construction; failure to abide by conditions. For programs
utilizing supervised preadjudication release, it is the intent of the Legislature that this
part shall be a guide to courts in Lee County to ensure that no eligible person is needlessly
detained in the county jail because of his or her personal economic circumstances or inability
to post bail, provided that his or her release shall not be contrary to the public interest
or a danger to the public at large, and also shall serve the purpose of assuring the presence
of the defendant at trial. It is not the intent of the Legislature that this part be so liberally
construed as to allow the indiscriminate release of accused persons. Any court may order that
any eligible person incarcerated before trial or adjudication be released on an unsecured
appearance bond supervised by the program, under any conditions ordered by the court, and
in accord with all of the program policies, rules, and...
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6-6-450
Section 6-6-450 Filing of answer; notice thereof; oral examination. The garnishee must answer
under oath according to the terms of the garnishment; and, upon filing, the clerk or register
shall give the plaintiff and defendant notice, and the garnishee may, if required by the plaintiff,
be examined orally in the presence of the court. Any demand for oral examination required
by the plaintiff after filing of written answer by the garnishee must be made by motion filed
within 30 days from the date of notice of filing answer. (Code 1923, §8067; Code 1940, T.
7, §1011.)...
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15-23-77
Section 15-23-77 Right to have property returned. (a) Prior to the admission of evidence to
the court, on request of the victim, after consultation and written approval by the district
attorney or Attorney General, the law enforcement agency responsible for investigating the
criminal offense shall return to the victim any property belonging to the victim that was
taken during the course of the investigation, or shall inform the victim of the reasons why
the property will not be returned. The law enforcement agency shall make reasonable efforts
to return the property to the victim as soon as possible. (b) If the property of the victim
has been admitted as evidence during a trial or hearing, the court may, upon request of the
district attorney or the Attorney General, order its release to the victim if a photograph
can be substituted. If evidence is released pursuant to this subsection, the attorney for
the defendant or investigator may inspect and independently photograph the evidence...
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