Alabama § 15-10-40 - Issuance by Clerk, District Attorney or Judge.
Full text of Alabama Code of Alabama § 15-10-40 — Issuance by Clerk, District Attorney or Judge., with citation guidance and answers to common questions.
§ 15-10-40. Issuance by Clerk, District Attorney or Judge.
A writ of arrest must be issued by the clerk forthwith after the finding of the indictment against each defendant who is not in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited or when an order is made by the judge presiding when the indictment is returned by the grand jury commanding that writ of arrest issue; or it may be issued without order of court by the district attorney of the circuit or by any circuit judge. But if the defendant is in actual custody, he shall be held by virtue of the indictment and no writ of arrest need be issued, unless it is so ordered by the judge presiding when the indictment is found.
Source: official Alabama text · Last verified 2026-08-27
Frequently Asked Questions About Alabama § 15-10-40
What does Code of Alabama § 15-10-40 cover?
Section 15-10-40 ("Issuance by Clerk, District Attorney or Judge.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 15-10-40?
A common citation format is "Code of Alabama § 15-10-40" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 15-10-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.