Alabama Code 26-2-43. Procedure generally – Summoning, etc., of jurors, witnesses and person alleged to be incapacitated
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Terms Used In Alabama Code 26-2-43
- person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
- Probate: Proving a will
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
The judge of probate must issue a writ directed to the sheriff commanding him or her to summon six disinterested persons of the neighborhood for the trial thereof and also issue subpoenas for witnesses, as the parties may require, returnable to the time of trial. The probate judge must also issue a writ directed to the sheriff to take the person alleged to be incapacitated and, if consistent with his or her health or safety, have him or her present at the place of the trial.