15-2-25
Section 15-2-25 Duty of clerk of court to forward case materials. When an order for the removal
of a trial is made, the clerk of court must make out a transcript of all the entries, orders
and proceedings in the case, including the organization of the grand jury, the indictment,
the endorsements thereon, all the entries relating thereto, the undertakings or recognizances
of the defendant, all the orders and judgments thereon and the order for the removal of the
trial. He must attach his certificate thereto and forward the package under seal by a special
messenger, by express, by registered or certified mail or deliver it in person to the clerk
of the court to which the trial is ordered to be removed. He must also enclose in the package
and forward or deliver in the same manner the original subpoenas in the case. (Code 1852,
§657; Code 1867, §4209; Code 1876, §4914; Code 1886, §4488; Code 1896, §5312; Code 1907,
§7854; Code 1923, §5583; Code 1940, T. 15, §271.)...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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43-8-197
Section 43-8-197 Change of venue. (a) At any time before the trial of such contest, either
party may remove the same to another county by proceeding as is required in civil actions
in the circuit court; and when an order for the removal of the trial of such contest is made,
the judge of probate must transmit the will, subpoenas and all other papers belonging, and
a transcript of all the entries of record relating thereto, to the judge of the probate court
of the county to which the trial is ordered to be removed. Such judge of probate must proceed
to try the case in the same manner as prescribed for the judge of probate of the county from
which it has been removed. (b) If the judgment is rendered in the probate court to which it
has been removed, and no appeal is taken within 30 days thereafter, such judgment must be
certified by the judge of such probate court, and the will and other papers be returned to
the probate court from which the trial was removed; and the will must be...
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12-22-220
Section 12-22-220 By whom and when granted; duty of clerk of court. (a) A writ of error on
any judgment entered in a criminal case may issue on an order to that effect by any one of
the judges of the appropriate appellate court in vacation or by the appropriate appellate
court in term time, addressed to the clerk of the court in which the judgment was entered,
but such writ must only be granted on some error of law apparent on the record on appeal.
(b) On the filing of such order with the clerk of the court in which the judgment was entered,
such clerk must give the party filing it a certificate of the filing thereof, make out a writ
of error and a transcript of the record and proceedings had in the cause, attach his certificate
and the writ of error to such transcript and deliver the same, on demand, to the party suing
out the writ, or to his attorney. (Code 1876, §§4984, 4985; Code 1886, §§4516, 4517; Code
1896, §§4327, 4328; Code 1907, §§6258, 6259; Code 1923, §§3252,...
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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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15-2-26
Section 15-2-26 Trial on certified copy of indictment; correction of transcript mistakes and
certification of omitted portion of record. The defendant must be tried in the court to which
the case is removed on the copy of the indictment certified pursuant to Section 15-2-25; and
such court may, if necessary and on a proper showing, order the clerk of the court in which
the indictment was found to correct any mistake in the transcript or to certify any portion
of the record which he may have omitted. (Code 1852, §659; Code 1867, §4211; Code 1876,
§4916; Code 1886, §4490; Code 1896, §5314; Code 1907, §7857; Code 1923, §5586; Code 1940,
T. 15, §274.)...
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14-3-30
Section 14-3-30 Temporary confinement of convict pending removal; inmate developing medical
condition which requires treatment. (a) When any convict is sentenced to the penitentiary,
the judge of the court in which the sentence is rendered shall order the inmate to be confined
in the nearest secure jail. The clerk of the court shall at once notify the Department of
Corrections as to the jail where the inmate is confined, forward to the department a copy
of the judgment entry and sentence in the case, and inform the department if any special care
is necessary to guard the inmate. Thereupon, the department shall direct where the inmate
shall be taken for confinement or hard labor. (b) When an inmate sentenced to the custody
of the department and the department is in receipt of a transcript of such sentence, is being
housed in a county jail, and the inmate develops a medical condition which requires immediate
treatment at a medical-care facility outside the county jail, the department...
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43-8-198
Section 43-8-198 Transfer of contest to circuit court; appeal from judgment of circuit court;
certification of judgment, etc., to probate court. Upon the demand of any party to the contest,
made in writing at the time of filing the initial pleading, the probate court, or the judge
thereof, must enter an order transferring the contest to the circuit court of the county in
which the contest is made, and must certify all papers and documents pertaining to the contest
to the clerk of the circuit court, and the case shall be docketed by the clerk of the circuit
court and a special session of said court may be called for the trial of said contest or,
said contest may be tried by said circuit court at any special or regular session of said
court. The issues must be made up in the circuit court as if the trial were to be had in the
probate court, and the trial had in all other respects as trials in other civil cases in the
circuit court. An appeal to the supreme court may be taken from the...
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6-6-593
Section 6-6-593 Court always open; return of summons; setting of case for trial; trial by court
or jury. (a) The court is at all times open for the trial of a case or the granting of orders
therein. The summons shall be returnable 10 days from the date of issuance, and if five days'
service is not had before such return day, the summons is returnable to the first day after
the expiration of five days after such service. If such return day shall be a day of any regular
or special session of the court, the case stands for trial on the next day after the return
day, unless good cause shall be shown for further delay; but if such return day does not fall
within a regular or special session, the judge must fix a day for the hearing, of which the
clerk must notify the parties or their attorneys; and on such day the case may be tried or,
for good cause shown or by consent of parties and the approval of the court, may be continued
to another day. (b) The case specified in this section must be...
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15-10-47
Section 15-10-47 Return of writs by sheriff; duty of clerks to accept returns by mail; failure
of sheriffs to comply with section. (a) All writs of arrest, with the undertaking of bail
when given, must be returned by the sheriff to the clerk of the court from which they were
issued, with the proper return thereon endorsed. (b) If the writ of arrest is executed, the
return must be made within five days after service; but if executed out of the county in which
the indictment was found, the return may be made by depositing the writ in the post office
within five days after service in a sealed envelope, postage prepaid, directed to the clerk
of the court at the courthouse of his county, with the title of the case and the character
of the process endorsed on the envelope. (c) When any writ of arrest is not executed, it must
be returned by the sheriff to the clerk of the court from which it was issued; and when the
return is made by the sheriff of any other county than that in which the...
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