Alabama Code > Title 6 > Chapter 8 – Miscellaneous Procedure


Article 1	Partition Actions	6-8-1
Article 2	Funds Due Foreign Residents	6-8-20
Article 3	Abstracts for Judicial Sales	6-8-30
Article 4	Notices and Hours of Sale	6-8-40 – 6-8-69
Article 5	Counterclaims	6-8-80 – 6-8-86
Article 6	Trials	6-8-100 – 6-8-104

Terms Used In Alabama Code > Title 6 > Chapter 8 - Miscellaneous Procedure

account: Any one of the three accounts created by Section 27-42-6. See Alabama Code 27-42-5
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
ADMITTED ASSET: Any asset of an insurer permitted by the Commissioner of Insurance to be taken into account in any determination of the financial condition of the insurer. See Alabama Code 27-41-2
affiliate: A person who directly, or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another person on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer. See Alabama Code 27-42-5
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
ALABAMA INSURANCE CODE: Title 27 of this code. See Alabama Code 27-41-2
ALARM MONITORING SERVICE: A service that uses a device located at a residence, place of business, or other fixed premises for both of the following purposes:
a. See Alabama Code 45-16A-20
alea: The Alabama State Law Enforcement Agency. See Alabama Code 41-9-590
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
APPOINTED COUNSEL: Any attorney licensed to practice law in the State of Alabama who is appointed by the court to represent an indigent defendant. See Alabama Code 15-12-1
APPOINTING AUTHORITY: In the case of employees in the offices of the elected officials of the county, such elected officials, and means, in the case of all other county employees, the county governing body, or the board or other agency supervising their work. See Alabama Code 45-48-121
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
association: The Alabama Insurance Guaranty Association created under Section 27-42-6. See Alabama Code 27-42-5
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
board: The personnel board created by this part. See Alabama Code 45-48-121
board: The Board of Control of the Public Education Employees' Defined Contribution Savings Fund. See Alabama Code 16-25C-2
CABLE SERVICE: A service that provides both of the following:
a. See Alabama Code 45-16A-20
CABLE SYSTEM: A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but the term does not include any of the following:
a. See Alabama Code 45-16A-20
certificate of incorporation: as used in this chapter is synonymous to the term "certificate of formation" used in Chapter 1. See Alabama Code 10A-2A-1.40
Chambers: A judge's office.
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
claimant: Any insured making a first party claim or any person instituting a liability claim. See Alabama Code 27-42-5
Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
commissioner: The Commissioner of Agriculture and Industries. See Alabama Code 2-1-1
commissioner: The Commissioner of Insurance of the State of Alabama. See Alabama Code 27-42-5
CONDITIONS OF A GRANT: The terms and conditions upon which a grant is made by a donor. See Alabama Code 11-11B-1
Contingent beneficiary: Receiver of property or benefits if the first named beneficiary fails to receive any or all of the property or benefits in question before his (her) death.
CONTRACT COUNSEL: Any attorney licensed to practice law in the State of Alabama, or a firm, association, corporation, or partnership of lawyers so licensed, executing a contract for the provision of indigent defense services. See Alabama Code 15-12-1
contribution: A tangible or intangible benefit that a person transfers to an entity in consideration for an ownership interest in the entity or otherwise in the person's capacity as an owner or a member. See Alabama Code 10A-1-1.03
control: The possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. See Alabama Code 27-42-5
corporation: Includes a domestic or foreign business corporation, including a benefit corporation, as defined in Chapter 2A, a domestic or foreign nonprofit corporation as defined in Chapter 3, a domestic or foreign professional corporation as defined in Chapter 4, and those entities specified in Chapter 20 as corporate. See Alabama Code 10A-1-1.03
Counterclaim: A claim that a defendant makes against a plaintiff.
county: Marshall County, Alabama. See Alabama Code 45-48-121
county: Each county subject to the provisions of this chapter. See Alabama Code 11-11-1
county: Any county of the state. See Alabama Code 11-11B-1
court: The designated court, and if none, the circuit court specifically set forth in this title, and if none, any other court having jurisdiction in a case. See Alabama Code 10A-1-1.03
COVERED CLAIM: An unpaid claim, including one of unearned premiums, which arises out of, and is within the coverage and not in excess of, the applicable limits of an insurance policy to which this chapter applies, issued by an insurer, if such insurer becomes an insolvent insurer after January 1, 1981, and (i) the claimant or insured is a resident of this state at the time of the insured event; or (ii) the property from which the claim arises is permanently located in this state. See Alabama Code 27-42-5
CRIMINAL JUSTICE AGENCIES: Federal, state, local, and tribal public agencies that perform substantial activities or planning for activities relating to the identification, apprehension, prosecution, adjudication, or rehabilitation of civil, traffic, and criminal offenders. See Alabama Code 41-9-590
CRIMINAL JUSTICE INFORMATION: Data necessary for criminal justice agencies to perform their duties and enforce existing law. See Alabama Code 41-9-590
CUSTOMER PREMISES EQUIPMENT: Equipment employed on the premises of a person, other than a telecommunications service provider, to originate, route, or terminate telecommunications. See Alabama Code 45-16A-20
Deed: The legal instrument used to transfer title in real property from one person to another.
department: The Department of Insurance;
(2) COMMISSIONER. See Alabama Code 27-43-3
director: An individual who serves on the board of directors, by whatever name known, of a foreign or domestic corporation. See Alabama Code 10A-1-1.03
director: The Director of the Office of Indigent Defense Services. See Alabama Code 15-12-1
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
distribution: A transfer of property, including cash, from an entity to an owner or member of the entity in the owner's or member's capacity as an owner or member. See Alabama Code 10A-1-1.03
domestic: With respect to an entity, means governed as to its internal affairs by this title. See Alabama Code 10A-1-1.03
Donor: The person who makes a gift.
donor: The United States of America, or the state, or any county in the state or any municipality or any department, division, board, bureau, institution or agency of any of the foregoing, or any person, firm or corporation, institution, foundation or other agency or any combination of any two or more such donors. See Alabama Code 11-11B-1
ELIGIBLE EMPLOYER: An employer or other entity who compensates a participant for the public service. See Alabama Code 16-25C-2
ELIGIBLE INVESTMENT: Any investment permitted by Sections 27-41-7 to 27-41-35, inclusive, provided the investment meets all the other requirements of this chapter. See Alabama Code 27-41-2
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
employee: Any person, including law enforcement officers, not excepted by Section 45-48-121. See Alabama Code 45-48-121
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
entity: A domestic or foreign organization. See Alabama Code 10A-1-1.03
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Ex officio: Literally, by virtue of one's office.
Executor: A male person named in a will to carry out the decedent
Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
foreign: With respect to an entity, means governed as to its internal affairs by the laws of a jurisdiction other than this state. See Alabama Code 10A-1-1.03
Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
fund: The Public Education Employees' Defined Contribution Savings Fund. See Alabama Code 16-25C-2
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
Germane: On the subject of the pending bill or other business; a strict standard of relevance.
GOVERNING BODY: The county commission, board of directors or other group or body which governs, controls or makes decisions for a grantee. See Alabama Code 11-11B-1
grant: Any gift, grant, appropriation, donation, or advance by any donor, whether absolute or conditional, for any purpose. See Alabama Code 11-11B-1
grantee: Any county, or any department, board, bureau, commission or agency of any county, whether incorporated or not, acting on behalf of the county, or any public corporation, to which a grant is to be made. See Alabama Code 11-11B-1
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
HIGH NET WORTH INSURED: Any insured whose net worth exceeds twenty-five million dollars ($25,000,000) on December 31 of the year prior to the year in which the insurer becomes an insolvent insurer; provided that an insured's net worth on that date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries and affiliates as calculated on a consolidated basis. See Alabama Code 27-42-5
Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
INDIGENT DEFENDANT: Any person involved in a criminal or juvenile proceeding in the trial or appellate courts of the state for which proceeding representation by counsel is constitutionally required or is authorized or required by statute or court rule, including parents of children during the termination of parental rights hearings, who under oath or affirmation states that he or she is unable to pay for his or her representation, and who is found by the court to be financially unable to pay for his or her representation based on a written findings as further provided below that the person is indigent based on one of the following criteria:
a. See Alabama Code 15-12-1
INDIGENT DEFENSE SERVICES: Those legal services that are necessary for representation of an indigent defendant. See Alabama Code 15-12-1
INDIGENT DEFENSE SYSTEM: Any method or mixture of methods for providing legal representation to an indigent defendant, including use of appointed counsel, use of contract counsel, or use of public defenders. See Alabama Code 15-12-1
individual: A natural person and the estate of an incompetent or deceased natural person. See Alabama Code 10A-1-1.03
INFORMATION SYSTEM: A system of people, data, and processes, whether manual or automated, established for the purpose of managing information. See Alabama Code 41-9-590
INSOLVENT INSURER: An insurer licensed to transact insurance in this state, either at the time the policy was issued or when the insured event occurred, and against whom an order of liquidation with a finding of insolvency has been entered after January 1, 1981, by a court of competent jurisdiction in the insurer's state of domicile or of this state under the provisions of Chapter 32 of this title, which order of liquidation has not been stayed or been the subject of a writ of supersedeas bonds or other comparable order. See Alabama Code 27-42-5
insured: Any named insured, additional insured, vendor, lessor, or other party identified as an insured under a policy. See Alabama Code 27-42-5
insurer: The term shall have the meaning ascribed in Section 27-1-2 and shall include health maintenance organizations. See Alabama Code 27-41-2
insurer: Any person authorized to do a casualty insurance business or life, accident and sickness insurance business as an insurer in this state and organizations authorized to transact legal expense insurance under Section 27-43-8;
(4) LEGAL EXPENSE INSURANCE. See Alabama Code 27-43-3
INTERACTIVE COMPUTER SERVICE: Any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and the systems operated or services offered by libraries or educational institutions. See Alabama Code 45-16A-20
internet: The international computer network of both federal and non-federal interoperable packet switched data networks. See Alabama Code 45-16A-20
investment: Any asset owned by an insurer. See Alabama Code 27-41-2
Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 10A-1-1.03
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
MEMBER INSURER: Any person who (i) writes any kind of insurance to which this chapter applies under Section 27-42-3, including the exchange of reciprocal or interinsurance contracts, and (ii) is licensed to transact insurance in this state. See Alabama Code 27-42-5
merger: The combination of one or more domestic entities with one or more domestic entities or foreign entities resulting in:
(A) one or more surviving domestic entities or foreign entities;
(B) the creation of one or more new domestic entities or foreign entities, or one or more surviving domestic entities or foreign entities; or
(C) one or more surviving domestic entities or foreign entities and the creation of one or more new domestic entities or foreign entities. See Alabama Code 10A-1-1.03
MERIT EMPLOYEE: Any employee who has completed his or her six months of probationary employment. See Alabama Code 45-48-121
Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
municipality: The incorporated City of Elba. See Alabama Code 45-16A-20
NET DIRECT WRITTEN PREMIUMS: Direct gross premiums written in this state on insurance policies to which this chapter applies, less return premiums thereon and dividends paid or credited to, policyholders on such direct business. See Alabama Code 27-42-5
NET WORTH: The total assets of a person, less the total liabilities against those assets as determined in accordance with generally accepted accounting principles. See Alabama Code 27-42-5
nlets: Network provider for exchange of criminal justice information among multiple state, federal, and international criminal justice agencies. See Alabama Code 41-9-590
NONOVERHEAD EXPENSES: The reasonable expenses incurred during and directly related to an appointed counsel's legal representation of an indigent defendant including, but not limited to, mileage, postage, and reasonable costs of photocopying. See Alabama Code 15-12-1
offense: Any act that is a felony, misdemeanor, state violation, municipal ordinance violation, or violation, or an act of delinquency. See Alabama Code 41-9-590
office: The Office of Indigent Defense Services. See Alabama Code 15-12-1
officer: An individual elected, appointed, or designated as an officer of an entity by the entity's governing authority or under the entity's governing documents. See Alabama Code 10A-1-1.03
OUTSTANDING WARRANTS: With respect to each county and as of any particular time:
a. See Alabama Code 11-11-1
Oversight: Committee review of the activities of a Federal agency or program.
participant: A person who elects to participate in the fund who makes voluntary employee contributions into a 457 deferred compensation plan or a 403(b) tax sheltered annuity plan and who is a member of the Teachers' Retirement System. See Alabama Code 16-25C-2
partner: A limited partner or general partner. See Alabama Code 10A-1-1.03
person: An individual, a partnership, a corporation or two or more individuals having a joint or common interest. See Alabama Code 2-1-1
person: The term shall have the meaning ascribed in Section 27-1-2. See Alabama Code 27-41-2
person: Any individual or legal entity, including governmental entities. See Alabama Code 27-42-5
person: An individual, including the estate of an incompetent or deceased individual, or an entity, whether created by the laws of this state or another state or foreign country, including, without limitation, a general partnership, limited liability partnership, limited partnership, limited liability limited partnership, limited liability company, corporation, professional corporation, nonprofit corporation, professional association, trustee, personal representative, fiduciary, as defined in Section 19-3-150 or person performing in any similar capacity, business trust, estate, trust, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 10A-1-1.03
person: Any individual, firm, joint venture, partnership, corporation, association, or joint stock association and includes any trustee, receiver, assignee, or personal representative thereof engaged in the transportation of hazardous liquids. See Alabama Code 37-4-90
personal property: includes money, goods, chattels, things in action and evidence of debt, deeds and conveyances. See Alabama Code 1-1-1
Personal property: All property that is not real property.
President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
PRINCIPAL OFFICE: The office, in or out of this state, where the principal executive office, whether referred to as the principal executive office, chief executive office, or otherwise, of an entity is located. See Alabama Code 10A-1-1.03
Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
PUBLIC CORPORATION: Any board, authority or other county public corporation incorporated with the approval of, or more than one of the directors of which are elected or appointed by, the governing body of a county. See Alabama Code 11-11B-1
real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
REFUNDING WARRANTS: Warrants that may be issued under the provisions of Section 11-11-6. See Alabama Code 11-11-1
residency: For purposes of determining residency in this chapter, the residency of a claimant or insured that is a corporation, partnership, association, or voluntary organization is the state in which the claimant's or insured's principal place of business is located. See Alabama Code 27-42-5
sbi: The State Bureau of Investigation. See Alabama Code 41-9-590
seafoods: shall include and mean all oysters, saltwater fish, saltwater shrimp, diamond back terrapin, sea turtle, crabs and all other species of marine or saltwater animal life existing or living in the water within the territorial jurisdiction of the State of Alabama. See Alabama Code 9-2-80
secretary: The Secretary of the Alabama State Law Enforcement Agency. See Alabama Code 41-9-590
securities: One or more bonds, notes, warrants or certificates of indebtedness of a county or public corporation. See Alabama Code 11-11B-1
SELF-INSURER: A person that covers its liability through a qualified individual or group self-insurance program or any other formal program created for the specific purpose of covering liabilities typically covered by insurance. See Alabama Code 27-42-5
state: Includes, when referring to a part of the United States, a state or commonwealth, and its agencies and governmental subdivisions, and a territory or possession, and its agencies and governmental subdivisions, of the United States. See Alabama Code 10A-1-1.03
state: The State of Alabama. See Alabama Code 11-11-1
state: The State of Alabama. See Alabama Code 11-11B-1
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Subpoena: A command to a witness to appear and give testimony.
subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 1-1-1
telecommunications: The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. See Alabama Code 45-16A-20
TELECOMMUNICATIONS CARRIER: Any provider of telecommunications services, except that the term does not include aggregators of telecommunications services as defined in the provisions of 47 U. See Alabama Code 45-16A-20
TELECOMMUNICATIONS EQUIPMENT: Equipment, other than customer premises equipment, used by a provider of telecommunications to provide telecommunications services, and includes software integral to the equipment, including upgrades. See Alabama Code 45-16A-20
TELECOMMUNICATIONS SERVICE: The offering of telecommunications, including servicing and repairing related equipment, for a fee directly to the public, or to the classes of users as to be effectively available directly to the public regardless of the facilities used, including, but not limited to, voice, data, imaging, and video transmissions and local telephone exchange service. See Alabama Code 45-16A-20
TELEPHONE EXCHANGE SERVICE: Either of the following:
a. See Alabama Code 45-16A-20
TRIAL COURT: Any juvenile, district, or circuit court of the State of Alabama, not including municipal or probate courts of the State of Alabama. See Alabama Code 15-12-1
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
USER AGENCY: Any agency or entity that subscribes to, accesses, or views any ALEA information system or service provided under the authority of this article. See Alabama Code 41-9-590
Usury: Charging an illegally high interest rate on a loan. ^{Source: OCC}
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.