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12-20-25
Section 12-20-25 Taking file in pending action from office of clerk, etc. The file pertaining
to a pending action shall not be taken from the office of the clerk, register or probate judge
except by an attorney of record of a party to the action upon a receipt in writing signed
by such attorney, stating the number and title of the case and the papers contained in the
file. If any of such papers are lost, mislaid, destroyed or mutilated before a return of the
file and a surrender of the receipt, the costs of substituting them must be paid by the attorney
taking them. (Code 1876, §§562, 565; Code 1886, §654; Code 1896, §2646; Code 1907, §5738;
Code 1923, §10131; Code 1940, T. 7, §7.)...
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12-11-11
Section 12-11-11 Transfer of cases - Transfer to another court in same county. Whenever it
shall appear to the court that any case filed therein should have been brought in another
court in the same county, the court shall make an order transferring the case to the proper
court, and the clerk or register shall forthwith certify the pleadings, process, costs and
order to the court to which the case is transferred, and the case shall be docketed and proceed
in the court to which it is transferred, and the costs accrued in the court in which the case
was originally filed shall abide by the result of the case in the court to which transferred.
(Acts 1915, No. 725, p. 830; Code 1923, §6493; Code 1940, T. 13, §156.)...
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31-2A-37
Section 31-2A-37 (Article 37.) Unlawfully influencing action of court. (a) No authority convening
a general, special, or summary court-martial, nor any other commanding officer, or officer
serving on the staff thereof, may censure, reprimand, or admonish the court or any member,
the military judge, or counsel thereof, with respect to the findings or sentence adjudged
by the court or with respect to any other exercise of its or their functions in the conduct
of the proceedings. No person subject to this code may attempt to coerce or, by any unauthorized
means, influence the action of a court-martial or court of inquiry or any member thereof,
in reaching the findings or sentence in any case, or the action of any convening, approving,
or reviewing authority with respect to its judicial acts. This subsection shall not apply
to either of the following: (1) General instructional or informational courses in military
justice if such courses are designed solely for the purpose of instructing...
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45-17-234.01
Section 45-17-234.01 Additional fees; disposition of funds. (a) In addition to all existing
charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court
official in the civil division of the District and Circuit Courts of Colbert County shall
increase the fees by seventeen dollars and fifty cents ($17.50) per document personally served
by the sheriff's office, or its designee. For the purposes of this section, the term document
shall include multiple papers served on a party or entity at one time. (b) In addition to
all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate
court office in the civil division of the District and Circuit Courts of Colbert County, for
documents generated out-of-state, shall create a fee of fifty dollars ($50) per document served
by the sheriff's office, or its designee. For the purposes of this section, the term document
shall include multiple papers served on a party or entity at...
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45-40-236.01
Section 45-40-236.01 Additional service of process fee; out-of-state documents. (a) In addition
to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other
appropriate court official in the civil division of the District and Circuit Courts of Lawrence
County shall increase the fees by seventeen dollars fifty cents ($17.50) per document personally
served by the sheriff's office, or its designee. For the purposes of this section, the term
document shall include multiple papers served on a party or entity at one time. (b) In addition
to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other
appropriate court official in the civil division of the District and Circuit Courts of Lawrence
County for documents generated out-of-state shall collect a fee of fifty dollars ($50) per
document served by the sheriff's office, or its designee. For the purposes of this section,
the term document shall include multiple papers served on a...
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12-19-71
Section 12-19-71 Circuit and district court filing fee - Amount. (a) The filing fees which
shall be collected in civil cases shall be: (1) Thirty-five dollars ($35) for cases filed
on the small claims docket of the district court in which the matter in controversy, exclusive
of interest, costs, and attorney fees, totals one thousand five hundred dollars ($1,500) or
less; provided, however, if attorney fees have been allowed by applicable state law or contract,
the amount of these fees shall be added to the amount of the matter in controversy above in
determining the jurisdictional amount. (2) One hundred nine dollars ($109) for cases filed
on the small claims docket of the district court in which the matter in controversy, exclusive
of interest, costs, and attorney fees, exceeds one thousand five hundred dollars ($1,500)
but does not exceed three thousand dollars ($3,000); provided, however, if attorney fees have
been allowed by applicable state law or contract, the amount of these...
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6-3-20
Section 6-3-20 One change for cause permitted on motion of a party. Either party to a civil
action may move the court to change the venue at any time before final trial, making affidavit
that for causes set forth, he cannot have a fair and impartial trial in the county where the
action is pending. The court may direct a change to the nearest county free from proper objection
by either party, to be determined by affidavits and, whenever it will best secure the ends
of justice, it may require the applicant to give bond and security for costs. The same party
can have the venue changed but once. (Code 1852, §2359; Code 1867, r§2761; Code 1876, §3114;
Code 1886, §2645; Code 1896, §4210; Code 1907, §6116; Code 1923, §10476; Code 1940, T.
7, §65.)...
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6-6-700
Section 6-6-700 Entry of judgment against clerk, register, or their sureties. Judgment must,
in like manner, be summarily entered against the clerk of the circuit court and his sureties,
or either of them, and against the register in circuit court and his sureties, or either of
them, on three days' notice, in the following cases: (1) In favor of the plaintiff in execution
for failure to enter on the execution docket the return made upon an execution by the proper
officer, within three days after the return is made, for 20 percent on the amount of the execution
and interest thereon; (2) For failing on demand to pay over money received by him on any judgment
or paid into court, on a plea of tender, other plea, or by rule of court, for the sum so received
by him with five percent per month on the amount from the time of the demand; (3) For failing
to notify the plaintiff, his agent, or attorney under the provisions of Section 6-9-92, which
are made to apply to such clerk, of the...
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12-20-27
Section 12-20-27 Substitution of lost, etc., papers or records in civil cases - How made -
Generally. When original papers in civil actions have been lost, mislaid, destroyed or mutilated,
a court may cause a substitution thereof to be made by directing the attorneys representing
the parties therein to file a copy thereof with the clerk or register of the court. (Code
1896, §2645; Code 1907, §5737; Code 1923, §10130; Code 1940, T. 7, §6; Acts 1971, No.
1510, p. 2595.)...
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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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