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34-3-82
Section 34-3-82 Power of subpoena. In the investigation of charges of professional misconduct,
the board and any committee appointed by it for this purpose shall have power to summon and
examine witnesses under oath and compel their attendance and the production of books, papers,
documents, and other writings necessary or material to the inquiry. Such summons or subpoena
shall be issued under the hand of the secretary of the board or the chairman of any duly constituted
subcommittee of the board and shall have the force of a subpoena issued by a court of competent
jurisdiction, and any witness or other person who shall refuse or neglect to appear in obedience
thereto or who shall refuse to be sworn or testify or produce books, papers, documents, or
other writings demanded shall be liable to attachment upon application to the Supreme Court
of the state or to any judge of any court of record for the district where the investigation
is conducted as in cases of contempt. (Acts 1923, No....
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12-21-246
Section 12-21-246 Subpoena of witnesses - Execution. (a) In criminal cases, at the request
of the state, or the defendant or the defendant's attorney, the clerk of the court must issue
subpoenas for witnesses whose address shall be given by the person requesting the subpoena,
specifying therein the time and place for their appearance, the title of the case and at whose
instance the witness is summoned, and commanding the witness 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...
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15-1-3
Section 15-1-3 Foreign language interpreters. (a)(1) If at any stage of a criminal proceeding,
protection from abuse proceeding, or juvenile court proceeding or during the juvenile court
intake process conducted pursuant to Sections 12-15-118 and 12-15-120 and Rule 12 of the Alabama
Rules of Juvenile Procedure, the defendant, juvenile, complainant, petitioner, or a witness
informs the court that he or she does not speak or adequately understand the English language,
the court may appoint an interpreter. (2) The defendant, juvenile, complainant, petitioner,
or witness shall inform the appropriate court of his or her need for an interpreter immediately
upon receiving notice to appear in the court. (3) If the court determines that due process
considerations require an interpreter, the court shall appoint a qualified person to interpret
the proceedings for the defendant, juvenile, complainant, petitioner, or witness requesting
assistance. The interpreter shall also interpret the testimony...
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15-16-20
Section 15-16-20 Duty of judge to institute investigation on sanity of certain confined persons;
proceedings where person found insane. If any person other than a minor in confinement, under
indictment, for want of bail for good behavior, for keeping the peace or appearing as a witness,
in consequence of any summary conviction appears to be insane, the judge of the circuit court
of the county where he is confined must institute a careful investigation, call a respectable
physician and call other credible witnesses; and, if he deems it necessary, he may call a
jury, for which purpose he is empowered to compel attendance of witnesses and jurors. If it
is satisfactorily proved that the person is insane, the judge may discharge him from imprisonment
and order his safe custody and removal to the Alabama state hospitals, where he must remain
until restored to his right mind, and then, if the judge shall have so directed, the superintendent
must inform the judge and sheriff, whereupon the...
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12-21-160
Section 12-21-160 Expert witnesses. (a) Generally. If scientific, technical, or other specialized
knowledge will assist the trier of fact to understand the evidence or to determine a fact
in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education,
may testify thereto in the form of an opinion or otherwise. (b) Scientific evidence. In addition
to requirements set forth in subsection (a), expert testimony based on a scientific theory,
principle, methodology, or procedure is only admissible if: (1) The testimony is based on
sufficient facts or data, (2) The testimony is the product of reliable principles and methods,
and (3) The witness has applied the principles and methods reliably to the facts of the case.
(c) Nothing in this section shall modify, amend, or supersede any provisions of the Alabama
Medical Liability Act of 1987 and the Alabama Medical Liability Act of 1996, commencing with
Section 6-5-540, et seq., or any judicial interpretation...
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23-1-369
Section 23-1-369 Reports of investigations; limitations on use; prohibitions against compulsion
of testimony. Notwithstanding any other provision of law to the contrary, in order to facilitate
the making of investigations by the director in the interest of public safety and promotion
of aeronautics, the public interest requires, and it is therefore provided, that the reports
of investigations or hearings or any part thereof shall not be admitted in evidence or used
for any purpose in any suit, action, or proceeding growing out of any matter referred to in
the investigation, hearing, or report thereof, except in case of criminal proceedings instituted
on behalf of the department or of the state under this article and other laws of the state
relating to aeronautics, nor shall the director or any officer or employee of the department
be required to testify to any facts ascertained in, or information gained by reason of, his
or her official capacity, or be required to testify as an expert...
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31-2A-46
Section 31-2A-46 (Article 46.) Opportunity to obtain witnesses and other evidence; subpoena.
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity
to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process
issued in court-martial cases to compel witnesses to appear and testify and to compel the
production of other evidence shall apply the principles of law and the rules of courts-martial
generally recognized in military criminal cases in the courts of the Armed Forces of the United
States, but which may not be contrary to or inconsistent with this code. Process shall run
to any part of the United States, or the territories, commonwealths, and possessions, and
may be executed by civil officers as prescribed by the laws of the place where the witness
or evidence is located or outside of the United States. A court-martial convened under this
code may subpoena and compel the presence of witnesses and the production...
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34-27-37
Section 34-27-37 Disciplinary action - Procedure in action. (a) An action against an accused
shall begin by serving the accused either personally or by certified mail with a copy of the
formal complaint against him or her. The accused shall be given at least 15 days' notice of
the time, date, and place of hearing. If the commission refuses to license an applicant, notice
of the refusal shall be given to the applicant, and he or she may, within 15 days after delivery
of the notice, file a request for a hearing. The applicant or accused shall have an opportunity
to be heard in person or by counsel, to offer testimony in his or her behalf, and to examine
witnesses. Hearings shall be held in Montgomery County unless the commission decides to hold
the hearing in the county in which the applicant or accused resides, maintains his or her
principal place of business, or any other county in which the commission has scheduled a meeting.
At hearings, all witnesses shall be sworn by a member of...
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41-4-36
Section 41-4-36 Inspection and production of books, records, accounts, etc.; examination of
witnesses. The Director of Finance and any authorized officer or employee of the Department
of Finance shall, in the performance of his official duties, for the purpose of examination,
have access to, and the right to copy from, any book, record, account, document, receipt or
paper of any of the departments, boards, bureaus, commissions, agencies, offices or institutions
of the state or of any of the counties, municipal corporations, political subdivisions or
public bodies in the state or of the officers or employees thereof, in such manner as may
be reasonable and at reasonable times. The Director of Finance or any officer or employee
of the Department of Finance designated by the director, in the performance of his official
duties, shall have the power to administer oaths, certify to official acts, take and cause
to be taken depositions of witnesses, issue subpoenas, compel the attendance of...
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12-21-3.1
Section 12-21-3.1 Subpoena of law enforcement officers and investigative reports; disposition
of criminal matters. (a) Neither law enforcement investigative reports nor the testimony of
a law enforcement officer may be subject to a civil or administrative subpoena except as provided
in subsection (c). (b) Law enforcement investigative reports and related investigative material
are not public records. Law enforcement investigative reports, records, field notes, witness
statements, and other investigative writings or recordings are privileged communications protected
from disclosure. (c) Under no circumstance may a party to a civil or administrative proceeding
discover material which is not authorized discoverable by a defendant in a criminal matter.
Noncriminal parties may upon proper motion and order from a court of record: Secure photographs,
documents and tangible evidence for examination and copying only by order of a court imposing
such conditions and qualifications as may be...
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