Code of Alabama

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12-15-103
Section 12-15-103 Juvenile court judges may be circuit or district court judges; maintenance
of separate juvenile case action summaries; promulgation of rules of procedure for juvenile
courts; powers of judges of juvenile courts as to issuance of writs and processes and as to
equity generally. (a) A circuit or district court judge may be designated as a juvenile court
judge. (b) The juvenile court shall maintain a separate docketing and case filing system.
(c) The Supreme Court of Alabama shall promulgate rules governing procedure in the juvenile
court. (d) The juvenile court shall issue all writs and processes necessary to the exercise
of its jurisdiction and to fulfill the purposes of this chapter. (e) The judge of the juvenile
court shall issue warrants of arrest, pick-up orders, and writs of habeas corpus to have individuals
brought before the juvenile court pursuant to this chapter. (f) The juvenile court shall have
and exercise equity power. (Acts 1975, No. 1205, p. 2384,...
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12-17-270
Section 12-17-270 Appointment; qualifications; term of office; removal. Each of the judges
of the circuit courts of this state shall appoint a competent person to perform the duties
of official court reporter of the courts in the circuit over which said judge presides. No
two or more judges shall appoint the same court reporter. The official court reporter shall
be an officer of the court and within his circuit shall have power to administer oaths and
shall hold office at the pleasure of the judge, who shall have power to remove said official
reporter at any time. The court reporter shall not be related to the trial judge within the
fourth degree of consanguinity or affinity, and any appointment of a court reporter so related
to the trial judge within the prohibited degree shall be void. The provisions of this section
shall not apply to circuits which consist of only one county and have three or more than three
judges. (Acts 1920, No. 124, p. 164; Code 1923, §6733; Code 1940, T. 13,...
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12-19-54
Section 12-19-54 Proceedings for retaxation of excessive costs in probate courts. (a) If the
taxation of costs by a probate court is excessive by charging the costs of witnesses who were
not examined, by charging costs to an improper party or by taxing costs contrary to law, the
party aggrieved may move the court for a retaxation, setting forth the particulars in which
the clerk has erred. This section shall apply to costs taxed in probate courts in all cases
and proceedings where such courts have jurisdiction, and any aggrieved party to any case or
proceeding may move the circuit court in the county where such case or proceeding is pending
for a retaxation of such costs, setting forth the particulars wherein such probate court costs
were improperly taxed. Such motion may be heard on five days' notice to the officers or persons
claiming said fees or costs, and the same shall be passed on by the judge as other motions
are heard and passed upon. From a judgment or order refusing or...
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15-22-50
Section 15-22-50 Authority of circuit and district courts to suspend sentence and place convicted
person on probation. Circuit courts and district courts, subject to the provisions and conditions
hereinafter provided, may suspend execution of sentence and place on probation any person
convicted of a crime in any court exercising criminal jurisdiction. The defendant shall not
be permitted to waive placement on probation by the sentencing court. The court shall have
no power to suspend the execution of sentence imposed upon any person who has been found guilty
and whose punishment is fixed at death or imprisonment in the penitentiary for more than 15
years. Except as provided in the preceding sentence, the court, after a plea of guilty, after
the returning of a verdict of guilty by the jury or after the entry of a judgment of guilty
by the court, may suspend execution of sentence and place the defendant on probation, or may
impose a fine within the limits fixed by law and also place the...
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12-11-30
Section 12-11-30 Generally. (1) CIVIL. The circuit court shall have exclusive original jurisdiction
of all civil actions in which the matter in controversy exceeds twenty thousand dollars ($20,000),
exclusive of interest and costs, and shall exercise original jurisdiction concurrent with
the district court in all civil actions in which the matter in controversy exceeds six thousand
dollars ($6,000), exclusive of interest and costs. (2) CRIMINAL. The circuit court shall have
exclusive original jurisdiction of all felony prosecutions and of misdemeanor or ordinance
violations which are lesser included offenses within a felony charge or which arise from the
same incident as a felony charge; except, that the district court shall have concurrent jurisdiction
with the circuit court to receive pleas of guilty in felony cases not punishable by sentence
of death. The circuit court may, on conviction of a defendant, upon a showing of inability
to make immediate payment of fine and costs,...
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12-19-50
Section 12-19-50 Issuance of execution against plaintiff or appellant for own costs; issuance
of execution against sheriff, etc., failing to return, levy, or collect execution issued against
plaintiff or appellant for costs. (a) The Clerk of the Supreme Court, clerks of the courts
of appeals, clerks of the circuit courts and probate judges, upon return of an execution "no
property found" against the defendant by the proper officer of the county in which the
judgment was entered, or, if the execution is from the Supreme Court or courts of appeals,
of the county from which the case was brought, may issue execution against the plaintiff or
appellant, as the case may be, for the costs actually created by the plaintiff or appellant,
but for none other, to be collected and returned as other executions. (b) Judgment may be
entered on motion in the circuit court of such county, in the name of the clerk or probate
judge issuing the execution, against the sheriff or his sureties, or either of...
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36-20-70
Section 36-20-70 Appointment and commissioning; terms; jurisdiction; fees and reports of judge
of probate. (a) A competent number of notaries public for the state at large shall be appointed
and commissioned by the judges of probate of the several counties of the state and shall hold
office for four years from the date of their commission. Notaries public shall perform all
the acts and exercise all authority under the general laws of the State of Alabama. The jurisdiction
of the notaries public shall not be limited to the counties of their residence and shall extend
to any county of the state. The judges of probate shall collect a fee of ten dollars ($10)
for each notary commission issued. The judges of probate shall also report to the Secretary
of State the name, county of residence, date of issuance, and date of expiration of the commission
of each notary public appointed and commissioned under this subsection. (b) All existing notaries
public functioning on January 1, 2012, shall...
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40-7-30
Section 40-7-30 Assessor notified of appointment of fiduciaries. It shall be the duty of the
judges of probate, clerks of the circuit court, or the clerks of other courts of record in
this state to notify the tax assessor of each county of the appointment of every administrator,
executor, guardian, trustee, accounting officer, or receiver within 30 days after such appointment.
(Acts 1935, No. 194, p. 256; Code 1940, T. 51, §59.)...
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43-2-508
Section 43-2-508 Satisfaction of claims. Any judge of probate, clerk or register of any circuit
court or officer of any other court in Alabama having jurisdiction of partial or final settlement
of estates of deceased persons shall be authorized to satisfy any claim legally filed against
such estates and recorded in the solvent docket book in the office of the probate court, when
satisfied from the evidence presented on a partial or final settlement that such claims have
been paid. Such satisfaction shall have the effect of notifying all interested parties that
evidence of payment of such debt has been filed in the court. For each such satisfaction,
the officer shall be paid a fee of $.25. A cancelled check for the amount claimed, properly
endorsed by the claimant, may be considered as proof of the payment of such claim, and further
proof of payment shall not be required. (Acts 1939, No. 68, p. 109; Code 1940, T. 61, §303;
Acts 1975, No. 1222, §1.)...
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43-2-272
Section 43-2-272 Duty of probate court to grant letters of administration upon vacancy. (a)
If the sole executor or all the executors die, resign or are removed, the probate court having
jurisdiction of the estate must grant letters of administration, with will annexed, to the
person entitled thereto under section 43-2-27. (b) If an administrator dies, resigns or is
removed, the probate court having jurisdiction of the estate must grant letters of administration
of the goods and chattels, rights and credits, unadministered, to the person entitled thereto,
as in cases of intestacy. (Code 1852, §1720; Code 1867, §2043; Code 1876, §2412; Code 1886,
§2064; Code 1896, §111; Code 1907, §2533; Code 1923, §5755; Code 1940, T. 61, §175.)...

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