Chapter 1 - Miscellaneous Procedure
- Article 1 Partition Actions.
- Section 6-8-1 Trial of title or adverse claim issues
In actions for partition of lands, either by metes and bounds or by sale for division when the same cannot be equitably partitioned among ...
- Article 2 Funds Due Foreign Residents.
- Section 6-8-20 Payment to consular officer of estate or land sale funds due nonrepresented foreigners
Whenever upon the settlement of an estate or upon the sale of lands for division in any court of this state it is shown ...
- Article 3 Abstracts for Judicial Sales.
- Section 6-8-30 Power to have abstract of title made; inspection thereof by prospective purchasers; costs of abstract
(a) Whenever any court shall order the sale of any real estate or interest therein, the court shall have power to have an abstract ...
- Article 4 Notices and Hours of Sale.
- Division 1 General Provisions.
- Section 6-8-40 Subscribing, taking and filing of weekly newspapers by probate judges
(a) Required. - The judges of the several courts of probate must subscribe for, take and file in their respective offices one copy of ...
- Section 6-8-41 Hours of sale
All public sales shall be made between the hours of 11:00 A.M. and 4:00 P.M., but in the event such sale is not completed ...
- Division 2 Notices.
- Section 6-8-60 Designation of newspaper advertisement to be published in; disregard of designation by officer; publication requirements imposed by law, mortgage or other contract
The party in interest or at whose instance the publication of notice is to be given by advertisement in a newspaper may designate the ...
- Section 6-8-61 Length of publication when not otherwise provided; exception
If the length of the publication is not otherwise prescribed, it must be for three successive weeks; provided, that the provisions of this section ...
- Section 6-8-62 Specification of weeks and days; time for publication prior to proceeding or act to be done
(a) When the notice is required to be given for a specified number of weeks, it must be given by consecutive weekly insertions for ...
- Section 6-8-63 Suspension or discontinuance of paper making publication before publication made or completed
If publication is commenced or is directed in a particular paper and before it is made or completed there is a suspension or discontinuance ...
- Section 6-8-64 Costs of publication - Rates; applicability of section
(a) No newspaper may charge more than its then current published commercial classified rates. When any matter or material is required to be published ...
- Section 6-8-65 Costs of publication - Affidavit that no agreement exists between officer and publisher, etc., and that sum charged is lowest
All agreements between any officer charged with the duty of advertising legal notices in a newspaper and the printer, publisher, or manager of such ...
- Section 6-8-66 Copies of each issue of paper containing advertisement to be furnished to parties
The publisher or manager of the newspaper must send to the officer or person making the advertisement a copy of each issue of the ...
- Section 6-8-67 Newspapers as evidence of publication
The newspapers containing the advertisement shall be received as evidence of the fact of publication. ...
- Section 6-8-68 Executors, administrators and guardians in probate court
In all cases where notice is required by law to be given to executors, administrators, and guardians in the probate court, if affidavit shall ...
- Section 6-8-69 Postponement of sale; publication of original notice
Whenever it becomes necessary to postpone any sale that has been advertised to occur on a certain day, the same may be postponed by ...
- Article 5 Counterclaims.
- Section 6-8-80 Judgments
Judgments may be set off against each other by a district or circuit court on motion. ...
- Section 6-8-81 Debt or liquidated demand due comaker or principal
A comaker or surety against whom an action is commenced jointly or alone may, with the consent of his comaker or principal, counterclaim a ...
- Section 6-8-82 Exemptions - Wages of head of family
The wages or hire of any head of a family in this state, not having property liable to levy and sale under execution, cannot ...
- Section 6-8-83 Exemptions - Negotiated commercial paper
Paper governed by the commercial law, negotiated before maturity, is not subject to counterclaim. ...
- Section 6-8-84 Effect of statute of limitations
When the defendant pleads a counterclaim to the plaintiff's demand, to which the plaintiff replies the statute of limitations, the defendant is nevertheless entitled ...
- Section 6-8-85 Judgment for defendant - Permissive counterclaims
If the debt or demand permissively counterclaimed exceeds the amount of the plaintiff's demand, the amount of such excess being found by the jury ...
- Section 6-8-86 Judgment for defendant - Compulsory counterclaims
On a compulsory counterclaim, if the claim or demand of the defendant equals the claim or demand of the plaintiff, judgment must be entered ...
- Article 6 Trials.
- Section 6-8-100 Answer of tender; judgment thereon
An answer of tender of money or of a thing in action must be accompanied by a delivery of the money or such thing ...
- Section 6-8-101 Litigation on merits after loss on certain defenses not bar to raising of same defenses on appeal
A party may raise the defenses of (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper ...
- Section 6-8-102 Filing of copies in place of missing pleadings, etc
If any of the original pleadings, motions, or other papers shall be lost, destroyed, or withheld by any person, the court may order a ...
- Section 6-8-103 Allowing omissions in testimony to be supplied
The court may, at its discretion, at any time before the conclusion of the argument, when it appears to be necessary to the due ...
- Section 6-8-104 Limit of two new trials
No more than two new trials can be granted the same party in any cause of action. ...
