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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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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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12-16-73
Section 12-16-73 Execution and return of order to summon jurors by sheriff. (a) Every order
to summon jurors, except as otherwise provided in this article, shall be executed by the sheriff
by either of the following methods at the election of the sheriff: (1) By giving personal
notice to every such person or by leaving a written notice at the place of residence of the
summoned juror with some family member of the juror or with some person residing at the same
residence, at least two days before the day appointed for the service of the juror in court;
or (2) By placing a written notice to a person named in the order to summon jurors in the
United States mail, first class, postage prepaid and addressed to the residence of the person
summoned. The envelope in which such notice is mailed shall indicate the return address of
the sheriff and shall bear a proper notice that if it cannot be delivered at the indicated
address it shall be returned to the sheriff. Such notice must be deposited in...
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15-4-4
Section 15-4-4 Service of subpoenas; proceedings against defaulting witnesses; endorsement
as presumptive evidence of default. (a) In an inquest under this chapter, the sheriff or any
constable must serve subpoenas for witnesses or they may be served by the coroner. (b) If
any witness, being subpoenaed, fails to attend, the coroner must endorse on the subpoena his
default, sign his name thereto and return the same to the clerk of the circuit court of the
county within five days thereafter, and such witness must be proceeded against in such court,
in the name of the state, as if he were a defaulter therein, the endorsement of the coroner
being presumptive evidence of the default. (Code 1852, §815; Code 1867, §4366; Code 1876,
§3994; Code 1886, §4804; Code 1896, §4927; Code 1907, §7165; Code 1923, §4560; Code 1940,
T. 15, §79.)...
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36-11-25
Section 36-11-25 Proceedings where defendant has removed, absconded, or secreted himself. If,
in any case of proceedings for impeachment or removal from office under this chapter, the
defendant has removed, absconded or secreted himself so that the summons cannot be served
on him personally, the sheriff or other officer to whom the summons is issued shall serve
the same by leaving a copy thereof at the office of the defendant, if known, or at his last
place of residence; and the sheriff shall forthwith publish in some newspaper published in
the county or, if no newspaper is published in the county, in the newspaper published nearest
thereto a copy of the summons and notice to the defendant where a copy thereof has been left
for him. The sheriff shall make return of the summons as in other cases, stating the facts,
and such service shall be as valid to all intents and purposes as personal service on the
defendant; and, if the defendant fails to appear pursuant to the summons, whether...
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27-7-29
Section 27-7-29 Nonresident agents or brokers - Service of process. (a) Each licensed nonresident
producer shall be considered to have performed acts equivalent to and constituting an appointment
of the commissioner as his or her attorney to receive service of legal process issued against
the nonresident producer in this state upon causes of action arising within this state out
of transactions under the nonresident producer's license. Service upon the commissioner as
such attorney shall constitute effective legal service upon the nonresident producer. (b)
The appointment shall be irrevocable for as long as there may be any such cause of action
in this state against the nonresident producer. (c) Service of process under this section
shall be made by leaving three copies of the summons and complaint, or other process, with
the commissioner, along with payment of the fee prescribed in Section 27-4-2, and the service
shall be sufficient service upon the nonresident if notice of the service...
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9-17-8
Section 9-17-8 Oil and Gas Board - Powers as to witnesses; enforcement of subpoenas issued
by board. (a) The board or any member thereof is hereby empowered to issue subpoenas for witnesses,
to require their attendance and the giving of testimony before it and to require the production
of such books, papers and records in any proceeding before the board as may be material upon
questions lawfully before the board. Such subpoenas shall be served by the sheriff or any
other officer authorized by law to serve process in this state. No person shall be excused
from attending and testifying or from producing books, papers and records before the board
or a court or from obedience to the subpoena of the board or a court on the ground or for
the reason that the testimony or evidence, documentary or otherwise, required of him may tend
to incriminate him or subject him to a penalty or forfeiture; provided, that nothing contained
in this section shall be construed as requiring any person to produce...
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12-21-282
Section 12-21-282 Procedure for securing attendance of witness within state at criminal proceeding,
etc.; in another state; fees and allowances; effect of failure of summoned witness to attend
and testify. (a) If a judge in a court of record in any state which, by its laws, has made
provision for commanding persons within that state to attend and testify in this state certifies
under seal of such court that there is a criminal proceeding pending in such court or that
a grand jury investigation has commenced or is about to commence, that a person being within
this state is a material witness in such proceedings or grand jury investigation and that
his presence will be required for a specified number of days, upon presentation of such certificate
to any judge of a court of record in the county in which such person resides or the county
in which such person is found if he is not a resident of this state, such judge shall fix
a time and place for a hearing, and shall make an order...
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22-28-22
Section 22-28-22 Proceedings upon violation of chapter; penalties; subpoenas; injunctions.
(a) Any person who knowingly violates or fails or refuses to obey or comply with this chapter,
or any rule or regulation adopted thereunder, or knowingly submits any false information under
this chapter, or any rule or regulation thereunder, including knowingly making a false material
statement, representation, or certification, or knowingly rendering inaccurate a monitoring
device or method, upon conviction, shall be punished by a fine not to exceed ten thousand
dollars ($10,000) for the violation and an additional penalty not to exceed ten thousand dollars
($10,000) for each day thereafter during which the violation continues and may also be sentenced
to hard labor for the county for not more than one year. (b) Any local air pollution control
program operating pursuant to subsection (b) of Section 22-28-23 may enforce violations of
the local air pollution control program and its rules and...
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35-9A-461
Section 35-9A-461 Landlord's action for eviction, rent, monetary damages, or other relief.
(a) A landlord's action for eviction, rent, monetary damages, or other relief relating to
a tenancy subject to this chapter shall be governed by the Alabama Rules of Civil Procedure
and the Alabama Rules of Appellate Procedure except as modified by this chapter. (b) District
courts and circuit courts, according to their respective established jurisdictions, shall
have jurisdiction over eviction actions, and venue shall lie in the county in which the leased
property is located. Eviction actions shall be entitled to precedence in scheduling over all
other civil cases. (c) Service of process shall be made in accordance with the Alabama Rules
of Civil Procedure. However, if a sheriff, constable, or process server is unable to serve
the defendant personally, service may be had by delivering the notice to any person who is
sui juris residing on the premises, or if after reasonable effort no person is...
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