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.
Ala. Code § 26-2-43
Procedure Generally - Summoning, Etc., of Jurors, Witnesses and Person Alleged to Be Incapacitated.
Applied in 1 court decision — leading case 415 So. 2d 1082 - Nigg v. Smith (1982)
Most recently applied in 415 So. 2d 1082 - Nigg v. Smith (June 1982)
(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;…
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.