45-28A-42.11
Section 45-28A-42.11 Removal. No member of either the police department or of the fire department
shall be removed or discharged, nor shall the chief of the police department nor the chief
of the fire department, be removed, discharged, or demoted, except for cause, upon written
charges or complaint and after an opportunity to face his or her accusers and be heard in
his or her own defense. Such charges shall be investigated by and before the civil service
board after not less than five days' notice in writing with a copy of such charges shall have
been given to the person charged, and the hearings thereof and thereon shall be public. The
decision of the board thereon shall be given in writing to the accused, and shall be spread
on the minutes. In all proceedings before the civil service board the city attorney may appear
and represent the interest of the city when ordered to do so by the civil service board. Any
attorney secured by the person or persons making the charge or accusation...
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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness unavailable
because of exceptional circumstances. (a) In any criminal prosecution, the court may, upon
motion of the district attorney, the defense, or the court, for good cause shown and after
notice to the parties, order the taking of a deposition or a videotaped deposition of a victim
or a witness when the victim or witness is or may be unavailable for trial for medical reasons
or other exceptional circumstances. On any motion for a deposition or a videotaped deposition
of the victim or witness, the court shall consider the age of the victim or witness, the potential
unavailability of the victim or witness for trial, the nature of the offense, the nature of
testimony that may be expected, and the possible effect that testimony in person at trial
may have on the victim or witness, along with any other relevant matters that may be required
by Supreme Court rule. During the taking of a deposition or...
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12-21-401
Section 12-21-401 Definitions. In this article: (1) "Foreign jurisdiction" means
a state other than this state. (2) "Foreign subpoena" means a subpoena issued in
a civil action under authority of a court of record of a foreign jurisdiction. (3) "Person"
means an individual, corporation, business trust, estate, trust, partnership, limited liability
company, association, joint venture, public corporation, government, or governmental subdivision,
agency or instrumentality, or any other legal or commercial entity. (4) "State"
means a state of the United States, the District of Columbia, Puerto Rico, the United States
Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession
subject to the jurisdiction of the United States. (5) "Subpoena" means a document,
however denominated, issued in a civil action under authority of a court of record requiring
a person to: (A) Attend and give testimony at a deposition. (B) Produce and permit inspection
and copying of...
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15-1-3
Section 15-1-3 Foreign language interpreters. (a)(1) If at any stage of a criminal proceeding,
protection from abuse proceeding, or juvenile court proceeding or during the juvenile court
intake process conducted pursuant to Sections 12-15-118 and 12-15-120 and Rule 12 of the Alabama
Rules of Juvenile Procedure, the defendant, juvenile, complainant, petitioner, or a witness
informs the court that he or she does not speak or adequately understand the English language,
the court may appoint an interpreter. (2) The defendant, juvenile, complainant, petitioner,
or witness shall inform the appropriate court of his or her need for an interpreter immediately
upon receiving notice to appear in the court. (3) If the court determines that due process
considerations require an interpreter, the court shall appoint a qualified person to interpret
the proceedings for the defendant, juvenile, complainant, petitioner, or witness requesting
assistance. The interpreter shall also interpret the testimony...
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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
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25-9-22
Section 25-9-22 Witnesses at proceedings under chapter generally. (a) The chief has the authority
to administer oaths and to issue subpoenas requiring the attendance of witnesses to testify
under oath in any proceeding and to require witnesses to answer all questions propounded to
them. The sheriff or constable in the county in which such witnesses may reside or be found
shall execute subpoenas issued as above provided, and they shall each receive for their services
in executing such subpoenas the same fees as are allowed them respectively for executing subpoenas
in other cases. Any witnesses summoned as above mentioned shall be entitled to the same mileage
and per diem as is now allowed by law to such witnesses attending trials in the circuit court.
(b) If any witness subpoenaed as above mentioned shall fail to attend without good excuse,
in accordance with the subpoena served on him, or shall fail to testify when attending, the
chief before whom said proceedings are being had shall...
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30-3B-111
Section 30-3B-111 Taking testimony in another state. (a) In addition to other procedures available
to a party, a party to a child custody proceeding may offer testimony of witnesses who are
located in another state, including testimony of the parties and the child, by deposition
or other means allowable in this state for testimony taken in another state. The court on
its own motion may order that the testimony of a person be taken in another state and may
prescribe the manner in which and the terms upon which the testimony is taken. (b) A court
of this state may permit an individual residing in another state to be deposed or to testify
by telephone, audiovisual means, or other electronic means before a designated court or at
another location in that state. A court of this state shall cooperate with courts of other
states in designating an appropriate location for the deposition or testimony. (c) Documentary
evidence transmitted from another state to a court of this state by...
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45-3-120.08
Section 45-3-120.08 Personnel board - Procedure for appeals. (a) The personnel board shall
hear all appeals from final personnel action as requested by an affected and eligible employee.
Eligible employees shall include regular status classified employees and may include other
employees as authorized by the county commission so long as the inclusion does not violate
the intent of this article. The board shall hear the appeals in accordance with guidelines
written by the board, with the advice of the Barbour County Commission. Final personnel action
shall include administrative action, action based on the rules, policies, and procedures of
the county, and disciplinary action. All appeals shall be made in good faith and timely filed.
Willfully filing an appeal based on false facts or solely for the purpose of harassment may
be grounds for disciplinary action. (b) Hearings before the personnel board shall not be evidentiary
hearings, or follow the formalities of a court of law, or require...
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12-21-225
Section 12-21-225 Testimony for state or defendant by convict. (a) The presiding judge of any
circuit court or district court having reason to believe that the testimony of any convict
serving a sentence in the penitentiary or to hard labor for the county is necessary in any
criminal prosecution for the state and that other evidence cannot be obtained on behalf of
the state may order a writ to be issued by the clerk, commanding the Board of Corrections
to have the convict before the court on a specified day to give testimony in the particular
case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution
showing that a convict serving sentence in the penitentiary knows facts which would be beneficial
to him, the judge may, if he believes the ends of justice will be served thereby, order the
issuance of such a writ to secure the appearance of the convict to testify on behalf of the
defendant. The writ shall be served on the board at least one week...
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15-23-43
Section 15-23-43 Waiver of protection; exception for suit against counselor by victim. (a)
A victim does not waive the protections afforded by this article by testifying in court about
the crime. (1) However, if the victim partially discloses the contents of a confidential communication
in the course of testifying, then either party may request the court to rule that justice
requires the protections of this section be waived, to the extent they apply to that portion
of the communication. (2) Any waiver shall apply only to the extent necessary to require any
witness to respond to counsel's questions concerning the confidential communication that are
relevant to the facts and circumstances of the case. (b) A victim counselor cannot waive the
protections afforded to a victim under this section. However, if a victim brings suit against
a victim counselor or the agency, business, or organization in which the victim counselor
was employed or served as a volunteer at the time of the...
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