Alabama § 26-2-43 Procedure Generally - Summoning, Etc., of Jurors, Witnesses and Person Alleged to Be Incapacitated

Alabama Statutes

§ 26-2-43 — Procedure Generally - Summoning, Etc., of Jurors, Witnesses and Person Alleged to Be Incapacitated

Alabama § 26-2-43

Title 26Infants and Incompetents

Ch. 2Appointment of Guardians

Art. 3Guardians of Incapacitated Persons

This text of Alabama § 26-2-43 (Procedure Generally - Summoning, Etc., of Jurors, Witnesses and Person Alleged to Be Incapacitated) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 26-2-43 (2026).

Text

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.

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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.

Legislative History

(Code 1852, §2751; Code 1867, §3190; Code 1876, §2758; Code 1886, §3393; Code 1896, §2258; Code 1907, §4348; Code 1923, §8106; Code 1940, T. 21, §12; Acts 1945, No. 468, p. 704; Acts 1987, No. 87-590, p. 975, §2-333(b).)