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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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15-18-80
Section 15-18-80 Issuance and delivery of warrant for execution; delivery of condemned person;
return of receipt; compensation of sheriff. (a) Whenever any person is sentenced to death,
the clerk of the court in which the sentence is pronounced shall, within 10 days after sentence
has been pronounced, issue a warrant under the seal of the court for the execution of the
sentence of death, which warrant shall recite the fact of conviction, setting forth specifically
the offense, the judgment of the court and the time fixed for his execution, and which shall
be directed to the warden of the William C. Holman unit of the prison system at Atmore, commanding
him to proceed, at the time and place named in the sentence, to carry the same into execution,
as provided in Section 15-18-82, and the clerk shall deliver such warrant to the sheriff of
the county in which such judgment of conviction was had, to be by him delivered to the said
warden, together with the condemned person as provided in...
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36-23-6
Section 36-23-6 Duties. It shall be the duty of every constable: (1) To attend the circuit
court of the county when summoned by the sheriff for that purpose; (2) To execute and return
all summons, executions and other process directed to him by any lawful authority; (3) To
pay over moneys collected by virtue of his office to the person entitled thereto; and (4)
To perform such other duties as are or may be required of him by law. (Code 1852, §719;
Code 1867, §850; Code 1876, §766; Code 1886, §848; Code 1896, §976;
Code 1907, §3329; Code 1923, §6799; Code 1940, T. 54, §33.)...
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12-16-89
Section 12-16-89 Negligent failure of sheriff or deputy to summon juror. If the sheriff or
any deputy shall negligently fail to summon any person to serve as a juror whom he is commanded
to summon, he shall be held and deemed guilty of a contempt of court and shall be fined not
more than $100.00 in every case where the person is not so served, and he may also be imprisoned
in the county jail for not more than five days. The return of any such person as "not
found" shall be prima facie evidence of negligence on the part of the sheriff or deputy
making the return, and he shall be punished by the court unless the court is reasonably satisfied
from evidence produced that he was not negligent. (Acts 1909, No. 227, p. 305; Code 1923,
§§8620, 8621; Code 1940, T. 30, §§36, 37.)...
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28-4-316
Section 28-4-316 Grand jury proceedings generally - Effect of failure of person to attend and
testify in obedience to summons. Any person who is summoned as a witness before the grand
jury to answer as to any violation of law for the suppression of intemperance or prohibiting
the manufacture, sale or other disposition of prohibited liquors or beverages or the keeping
or maintaining of any unlawful drinking place, or liquor nuisance and who fails or refuses
to attend and testify in obedience to such summons without good cause, to be determined by
the court, is guilty of contempt and also of a misdemeanor and, on conviction of such misdemeanor,
must be fined not less than $20.00 nor more than $300.00 and may also be imprisoned in the
county jail or sentenced to hard labor for the county for not more than three months, at the
discretion of the court. (Acts 1909, No. 191, p. 63; Code 1923, §4633; Code 1940, T. 29,
§109.)...
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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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6-6-251
Section 6-6-251 Service of process in action for recovery of household furniture and equipment;
effect thereof. When a detinue action is commenced under the provisions of this article for
the recovery of household furniture and equipment and the plaintiff, his agent, or attorney
has made an affidavit that the property sued for belongs to the plaintiff and that the plaintiff
is entitled to the immediate possession of said property by reason of a default in the payment
of the purchase price under a lease sale contract and has executed a bond as required by Section
6-6-250, the sheriff, or other officer authorized to serve process, may serve the summons
and complaint by leaving a copy thereof at the place where the household furniture or equipment
sued for is seized and taken from the premises by the officer serving the process; and such
service shall constitute sufficient service thereof on the defendant for the purpose of obtaining
a judgment against the defendant for the property sued...
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12-17-94
Section 12-17-94 Duties generally. (a) The duties of the clerks of the circuit court include
all of the following: (1) To sign and issue all summons, subpoenas, writs, executions, and
other processes, under the authority of the court. (2) To keep a consolidated docket sheet
of civil and criminal cases, the names of the parties, the character of action or offense,
the names of the attorneys and the sheriff's return, which shall be entered in all civil and
criminal cases standing for trial, in the order in which they are brought, and the bench notes,
orders, rulings on motions and pleadings, other preliminary matters and final judgment which
have been made in each case by the judge, which shall be the official minutes. (3) To keep
all papers, books, dockets, and records belonging to their office with care and security,
with the papers filed, arranged, numbered, and labeled, so as to be of easy reference, and
the books, dockets and records properly lettered. Parties shall be allowed to...
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6-6-563
Section 6-6-563 Service of process. If any of the parties set out in Section 6-6-562, whose
names are known, reside in the State of Alabama, a copy of the complaint must be served upon
them, in the same manner that process is served on defendants in civil actions. If any of
the aforementioned parties reside out of the state and addresses are known, a summons, together
with a copy of said complaint, shall be sent by the register or clerk of the court in which
the proceeding is pending to such parties by registered or certified mail, postage prepaid,
marked "For Delivery to Addressee Only," and return receipt demanded, addressed
to the register or clerk of the court in which the proceeding is pending. The publication
notice provided in Section 6-6-564 shall in all respects serve as notice to unknown parties
whose whereabouts are not known and parties who conceal themselves so that the process cannot
be served on them, and no other advertising or other form of notice shall be required as...
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17-16-54
Section 17-16-54 Contest of election of judge of circuit or district court - Procedure generally.
If the contest is of an election to the office of judge of the circuit court or of the district
court, the party contesting must file in the office of the judge of probate of the county
of the residence of the person declared elected, a statement in writing of the grounds of
contest, verified by affidavit, as prescribed in this article, and must give good and sufficient
security for the costs of the contest, to be approved by the judge of probate. On the filing
of the statement and the giving of the security, the judge of probate must endorse thereon
an order appointing a day for the trial of the contest, not less than 30 nor more than 50
days from the day of the reception of the certified statement and fixing the place of trial,
which must be at some place in the circuit or district in which the election was held, and
where a circuit or district court is required to be held, and must...
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