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5-18-12
Section 5-18-12 Promulgation of rules, regulations and orders by supervisor; furnishing of
certified copies of licenses, regulations or orders. (a) Rules, regulations, and orders. -
The supervisor shall have authority to make reasonable rules, regulations, and orders for
the administration and enforcement of this chapter, in addition hereto and not inconsistent
herewith. The regulation or order shall be referenced to the section or sections of the chapter
which set forth the legislative standard which it interprets or to which it applies. Every
regulation shall be promulgated by an order, and any ruling, demand, requirement or similar
administrative act may be promulgated by an order. Every order shall be in writing, shall
state its effective date and the date of its promulgation and shall be entered in an indexed
permanent book which shall be a public record. A copy of every order promulgating a regulation
and of every other order containing a requirement of general application shall...
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6-5-641
Section 6-5-641 Certification of classes. (a) No class of civil litigants shall be certified
or recognized by any court of the State of Alabama unless there shall have been compliance
with the procedures for certification of the class set forth in this article. (b) As soon
as practicable after the commencement of an action in which claims or defenses are purported
to be asserted on behalf of or against a class, or as soon as practicable after such assertions
in an amended pleading, but in no event prior to the time allowed by law for each party (including,
but not limited to, counterclaim, cross-claim, and third-party defendants) to file an answer
or other pleading responsive to the complaint, counterclaim, cross-claim, or third-party claim,
the court shall hold a conference among all named parties to the action for the purpose of
establishing a schedule, in the same manner and to the same extent contemplated by Ala.R.Civ.P.
16, for any discovery in which the parties may wish to engage...
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6-6-26.08
Section 6-6-26.08 Disqualification of collaborative lawyer and lawyers in associated law firm.
(a) Except as otherwise provided in subsection (c), a collaborative lawyer is disqualified
from appearing before a tribunal to represent a party in a proceeding related to the collaborative
matter. This disqualification is not subject to waiver by the parties. (b) Except as otherwise
provided in subsection (c), a lawyer in a law firm with which the collaborative lawyer is
associated is disqualified from appearing before a tribunal to represent a party in a proceeding
related to the collaborative matter if the collaborative lawyer is disqualified from doing
so under subsection (a) or other court order. (c) A collaborative lawyer or a lawyer in a
law firm with which the collaborative lawyer is associated may represent a party: (1) to ask
a tribunal to approve an agreement resulting from the collaborative law process and prepare
and file all documents necessary to obtain a final order; or (2) to...
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8-22-15
Section 8-22-15 Determination of cost to wholesaler, etc. (a) In determining cost to the wholesaler
and cost to the retailer, the court of jurisdiction shall receive and consider as bearing
on the bona fides of such cost, evidence tending to show that any person complained against
under this chapter purchased the motor fuel involved in the complaint, at a fictitious price,
or upon terms, or in such a manner, or under such invoices, as to conceal the true costs,
discounts or terms of purchase, and shall also receive and consider as bearing on the bona
fides of such costs, evidence of the normal, customary and prevailing terms and discounts
in connection with other sales of a similar nature in the market area. (b) Where a cost survey
pursuant to recognized statistical and cost accounting practices has been made for a market
area in which a violation of this chapter is committed or charged, to determine and establish
on the basis of actual existing conditions the lowest cost to...
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25-5-81
Section 25-5-81 Determination of disputed compensation claims generally. (a) Commencement of
action in circuit court. (1) PROCEDURE. In case of a dispute between employer and employee
or between the dependents of a deceased employee and the employer with respect to the right
to compensation under this article and Article 2 of this chapter, or the amount thereof, either
party may submit the controversy to the circuit court of the county which would have jurisdiction
of a civil action in tort between the parties. The controversy shall be heard and determined
by the judge who would hear and determine a civil action between the same parties arising
out of tort, and, in case there is more than one judge of the court, the controversies shall
be set and assigned for hearing under the same rules and statutes that civil actions in tort
are set and assigned. The court may hear and determine the controversies in a summary manner.
The decision of the judge hearing the same shall be conclusive and...
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26-17-636
Section 26-17-636 Order adjudicating parentage; limitation on liability for education and support;
cost, fees, and expenses. (a) The court shall issue an order adjudicating whether a man alleged
or claiming to be the father is the parent of the child. (b) An order adjudicating parentage
must identify the child by name and date of birth, if known. (c) Except as otherwise provided
in subsection (d), the court may assess filing fees, reasonable attorney's fees, fees for
genetic testing, other costs, and necessary travel and other reasonable expenses incurred
in a proceeding under this article, subject to the following rules: (1) Parties to proceedings
under this chapter should pay the fees and expenses of retained counsel, expert witnesses,
guardians ad litem, the costs of appropriate tests and other costs of the trial as they may,
themselves, incur. The court may order reasonable fees for attorneys, expert witnesses, guardian
ad litem fees, costs of appropriate tests and other costs of...
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30-2-56
Section 30-2-56 Interim alimony. (a)(1) In an action for divorce, legal separation, or annulment,
the court may award either spouse interim alimony based upon a showing of all of the following:
a. The spouse maintains the validity of the marriage. b. The spouse needs interim alimony,
after taking into consideration any other financial contributions provided by the other spouse
pursuant to other interim orders of the court. c. The other spouse has the ability to pay
interim alimony. (2) An award under subdivision (1) may be made retroactive to the date of
the filing of the complaint. The amount awarded shall be based on the applicable factors for
awarding rehabilitative or periodic alimony as established in subsections (d), (e), and (f)
of Section 30-2-57. (b) An order awarding interim alimony may be terminated or prospectively
modified at any time prior to the entry of a final judgment for good cause shown. In case
of an emergency, the court may order or prospectively modify interim...
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34-4-33
Section 34-4-33 Revocation or suspension - Notice of appeal; decision stayed; record and complaint
filed; procedures; costs. (a) Findings of the board with regard to the suspension or revocation
of a license or the imposition of an administrative fine shall be final unless within 30 days
after the date of the final order of the board, the applicant, or otherwise known as the accused,
whether an individual or a corporation registered in Alabama, files a notice of appeal in
the Circuit Court of Montgomery County. A party appealing a decision shall post a two hundred
dollar ($200) appeal bond with the clerk of the circuit court. The circuit clerk shall notify
the board of the appeal after the clerk has approved the appellant's bond. (b) An appeal does
not act as supersedeas, but the decision of the board may be stayed by the court pending the
appeal. (c) The board shall within 30 days of service of the notice of appeal, or within the
additional time as the court may allow, file the record...
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6-6-20
Section 6-6-20 Definition; instances requiring mediation; sanctions; exceptions; etc. (a) For
purposes of this section, "mediation" means a process in which a neutral third party
assists the parties to a civil action in reaching their own settlement but does not have the
authority to force the parties to accept a binding decision. (b) Mediation is mandatory for
all parties in the following instances: (1) At any time where all parties agree. (2) Upon
motion by any party. The party asking for mediation shall pay the costs of mediation, except
attorney fees, unless otherwise agreed. (3) In the event no party requests mediation, the
trial court may, on its own motion, order mediation. The trial court may allocate the costs
of mediation, except attorney fees, among the parties. (c) If any party fails to mediate as
required by this section, the court may apply such sanctions as it deems appropriate pursuant
to Rule 37 of the Alabama Rules of Civil Procedure. (d) A court shall not order...
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6-6-319
Section 6-6-319 Forms for judgment, restitution or possession. The following or similar forms
may be used when appropriate in forcible entry and unlawful detainer proceedings; but they
are not exclusive of other appropriate forms: Judgment. A. B. v. C. D. Came the parties on
the ______ day of _____, and upon evidence I find the said C. D. guilty of the forcible entry
and unlawful detainer (or, unlawful detainer) as complained against him by A. B., and I therefore
order and adjudge that C. D. restore to A. B. the possession of the tract of land (or tenement)
mentioned in the complaint: _____ (here designate the land or tenement), and pay the cost
of this proceeding Writ of Restitution or Possession. State of Alabama, County. ___ To any
lawful officer of said county: You are hereby commanded to restore A. B. to possession (or
place A. B. in possession) of the land and tenements (or, as the case may be) which A. B.
recovered of C. D. in an action of forcible entry and detainer (or...
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