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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12-22-198
Section 12-22-198 Appeals from denial of petition or where parts of record ordered transcribed
deemed inadequate. (a) Any defendant or petitioner who has filed a petition under the provisions
of this division and which petition is denied by the trial court, or if parts of the record
ordered to be transcribed are deemed to be inadequate by defendant or petitioner, said defendant
or petitioner may, within 10 days from the order of the trial court, file a notice of appeal
with the clerk of the trial court from the order denying the petition or from the order deemed
inadequate in specifying the parts of the transcript of the evidence to be forwarded to the
appellate court on appeal, and such notice of appeal shall specify with particularity wherein
the defendant or petitioner considers himself aggrieved by the order of the trial court, whereupon
the trial judge shall cause to be certified and transmitted, to the Court of Criminal Appeals
in cases wherein the punishment is 20 years or less...
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12-22-192
Section 12-22-192 Petition for appeal under division; contents thereof. In such criminal cases
where the defendant has been adjudicated guilty by the trial court he may, if no motion for
a new trial is filed within 10 days after the last day on which a motion for a new trial could
have been filed or within 10 days after the ruling of the trial court upon a motion for a
new trial, duly filed and ruled on adversely to defendant, file with the clerk or the trial
judge of the court wherein such defendant was adjudicated guilty and sentenced a petition
in writing, sworn to and subscribed by said defendant, stating that the defendant desires
to take an appeal under the provisions of this division. Such petition must identify the style
of the case, the offense for which the defendant was convicted, the plea made by the defendant,
the date of the adjudication of guilt, the sentence and the punishment therefor and the name
of the court imposing such punishment, together with the name of the...
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12-22-197
Section 12-22-197 Order to prepare record on appeal; order authorizing payment of fees and
transmission thereof to state Comptroller. If it appears to the trial court, after full investigation,
that the defendant or petitioner is without sufficient funds, and has no reasonable way to
procure same, to pay the court reporter all of his lawful fee for transcribing the evidence
and other proceedings had at the trial or the fees of the clerk incident to an appeal or that
the defendant or petitioner has reasonably available to him only enough funds to pay a part
of such fees, he shall make and enter an order requiring the court reporter to transcribe
all or such parts of evidence of the proceedings occurring at the trial that may be necessary
to afford the appellate court a record of sufficient completeness for review and shall order
the clerk to prepare the record on appeal. The trial court shall, at said time, make and enter
an order authorizing the payment of a sum certain to the court...
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12-22-190
Section 12-22-190 Purpose of division. The Legislature is aware that it has become settled
law that a state may or may not authorize appeals from judgments of convictions in criminal
cases and certain other related proceedings involving the life, liberty or property of a person
convicted of a criminal offense; further, that if a state does provide for appeals in criminal
cases and such other cases, defendants or petitioners adjudged guilty of crimes and who are
without funds and unable to pay the fees of the court reporter for transcribing the evidence
or the fees of the clerk for preparing the record for review on appeal may be denied equal
protection of the law or due process of law. It is the purpose of this division to provide
such defendants or petitioners with a transcript of the evidence, or a part thereof, and a
record for a proper and equal review in certain criminal cases and such other cases wherein
it is made to appear that a convicted defendant is indigent and desires to...
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12-22-196
Section 12-22-196 Entry of findings on minutes of court. If the trial judge is satisfied that
the defendant or petitioner is without sufficient funds, and has no reasonable way to procure
the same, necessary for the payment of court reporters' fees or the clerks' fees, he shall
cause said finding to be entered on the minutes of the court. If the trial judge finds to
the contrary, he shall also cause said findings to be entered on the minutes of the court,
stating his reasons therefor. If the trial judge finds that the defendant or petitioner is
unable to pay all of the court reporter's fees or all of the clerk's fees but is able to pay
a part, he shall cause to be entered upon the minutes of the court such finding and shall
state his reasons therefor and state the amount in money that the defendant or petitioner
can reasonably pay. (Acts 1961, Ex. Sess., No. 62, p. 1930, §6; Acts 1963, No. 525, p. 1129,
§6.)...
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12-22-199
Section 12-22-199 Judgment for costs against petitioner when appeal unfavorable; payment thereof
into General Fund; liability for payment. In appeals taken under the provisions of this division,
if the judgment or order of the trial court is affirmed or disposed of otherwise unfavorably
to the defendant or petitioner, the Supreme Court or the Court of Criminal Appeals affirming
said judgment or order shall enter a judgment for costs against the defendant or petitioner,
including an amount equal to the fees of the court reporter paid by the state for transcribing
the evidence and the fees of the clerk incident to the appeal paid by the state. If said costs
are paid by defendant or petitioner, or by another in his behalf, such costs shall be paid
into the General Fund of the State of Alabama. If such costs are not presently paid by the
defendant or petitioner, or by another in his behalf, execution shall be issued by the trial
court upon said judgment against the defendant or petitioner;...
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15-12-25
Section 15-12-25 Reimbursement of fees of court appointed counsel by defendant; default. (a)(1)
A court may require a convicted defendant to pay the fees of court appointed counsel. Fees
of court appointed counsel for the purposes of this section, shall mean any attorney's fees
and expenses paid an appointed counsel, contract counsel, or public defender. (2) The court
shall not order a defendant to pay the fees of court appointed counsel unless the defendant
is or will be able to pay them. In determining the amount and method of payment of these fees,
the court shall take into account the financial resources of the defendant and the nature
of the burden that payment of the fees will impose. A defendant who has been ordered to pay
the fees of court appointed counsel and who is not in contumacious default in the payment
thereof may at any time petition the court which sentenced him or her for remission of the
payment of these fees or of any unpaid portion thereof. If it appears to the...
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26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
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