Section 17-16-69 – Notice to Adverse Party.
Section 17-16-69 Notice to adverse party. Whenever either party shall apply to the commission to examine witnesses, either before the commission or by warrant issued from the commission, the adverse party shall have five days’ notice of the application and of the time and place of taking such depositions. (Code 1896, §1678; Code 1907, §484; […]
Section 17-16-70 – Commission Has Power to Punish for Contempt.
Section 17-16-70 Commission has power to punish for contempt. If any witness, being summoned, fails to attend, or being summoned with a subpoena duces tecum, fails and refuses to produce the paper or document required to be produced by the subpoena, the commission shall have the right and authority to punish the witness for contempt […]
Section 17-16-71 – Evidence Confined to Allegations; Exceptions.
Section 17-16-71 Evidence confined to allegations; exceptions. No evidence shall be taken on the part of the contestant unless to sustain some one of the specific allegations of the original or amended statement of grounds of contest. Nor shall any evidence be taken on the part of the contestee except in rebuttal of the specific […]
Section 17-16-72 – Each Party Entitled to Be Present.
Section 17-16-72 Each party entitled to be present. Each party shall have the right to be present at the taking of any evidence, in person or by agent or attorney. (Code 1896, §1681; Code 1907, §487; Code 1923, §577; Code 1940, T. 17, §263; §17-15-59; amended and renumbered by Act 2006-570, p. 1331, §83.)
Section 17-16-73 – Commission to Report Conclusions and Evidence.
Section 17-16-73 Commission to report conclusions and evidence. It shall be the duty of the commission to examine the evidence adduced upon the contest, and shall report its conclusions to the joint convention of the two houses, and all evidence taken under the provisions of this article shall be returned by the commission to the […]
Section 17-16-74 – Compensation of Witnesses.
Section 17-16-74 Compensation of witnesses. The witnesses shall be allowed for their attendance one dollar ($1) a day and three cents ($.03) a mile coming and going by the route most usually traveled, from their place of residence to where such depositions are taken. (Code 1896, §1683; Code 1907, §489; Code 1923, §579; Code 1940, […]
Section 17-16-75 – Sheriffs to Serve Commission’s Writs.
Section 17-16-75 Sheriffs to serve commission’s writs. The sheriffs of Alabama in their respective counties are required to serve subpoenas and such other writs as the commission may have authority to issue, and shall be allowed the same compensation as is now allowed by law for similar services performed at the command of the courts. […]
Section 17-16-76 – Execution for Costs.
Section 17-16-76 Execution for costs. After the determination of the contest, the Clerk of the House of Representatives must tax the costs accrued and certify the amount of each separate item, the name of the person entitled thereto, and the result of such contest and the names of the sureties on the bond for contest, […]
Section 17-16-52 – Contest of Senator or Representative in Legislature – Depositions Returned.
Section 17-16-52 Contest of senator or representative in Legislature – Depositions returned. The commissioner must carefully envelop the depositions taken, with the commission attached, writing his or her name across the sealing of the envelope and endorsing thereon the names of the witnesses and the title and subject matter of the contest, and direct the […]
Section 17-16-68 – Commission to Take Testimony.
Section 17-16-68 Commission to take testimony. The commission shall take testimony on the part of the contestant, and also on the part of the contestee, and shall have power to send for witnesses, books, and papers anywhere in the State of Alabama; shall have power to issue warrants, under the hand of the chair, to […]