Ala. Code § 6-6-628 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-628
Section 6-6-628 Removal and Filling of Vacancies
Status: in_force

Receivers may be removed at any time at the pleasure of the court by which they were appointed, and if any receiver is removed, declines to act or dies, the court that appointed him may fill the vacancy.
Ala. Code § 6-6-291 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-291
Section 6-6-291 What Verdict for Plaintiff to Specify
Status: in_force

If the verdict is for the plaintiff, it must specify whether it is for the whole or a part only of the premises and, if for a part, must describe such part, and judgment must be entered accordingly.
Ala. Code § 6-5-692 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-692
Section 6-5-692 Required Disclosures by Plaintiff
Status: in_force

(a) A plaintiff who files an asbestos action, within 45 days, shall provide all parties with an information form attested by the plaintiff, specifying the basis for each claim against each defendant and stating all of the following with specificity:

(1) The exposed person’s name, address, date of birth, Social Security number, marital status, smoking history, occupation, current and past worksites and employers, and if the exposed person alleges exposure to asbestos through another person, the identity of the other person and that person’s relationship to the exposed person .

(2) The asbestos-related disease claimed to exist.

(3) An affirmation that the plaintiff and his or her counsel have conducted an investigation into all potential sources of the exposed person’s exposure to asbestos .

(4) The identity, with specificity , of each and every source of exposure to asbestos that is available or known to the plaintiff or his or her counsel for the exposed person and any person through which the plaintiff alleges exposure, including all asbestos-containing products to which the exposed person was exposed, whether from bankrupt entities or otherwise, and all premises at which the exposed person was exposed to asbestos .

(5) The specific location and manner of each alleged exposure to asbestos .

(6) The beginning and ending dates of each alleged exposure .

(7) The specific connection of each defendant to the alleged exposure to asbestos.

(8) The name, address, and relationship to the exposed person of each individual who is knowledgeable regarding the exposed person’s exposures to asbestos.

(9) All supporting documentation relating to the information required by this section.

(b) If a defendant that is specifically identified in the plaintiff’s attestation as a source of exposure presents evidence that the attestation is incomplete, the defendant may move the court for an order to require the plaintiff to supplement the attestation . If the court determines that there is a sufficient basis for the plaintiff to supplement the attestation , the court shall enter an order to require the plaintiff to supplement the attestation and shall stay the action until the plaintiff supplements the attestation as provided by the court and produces the supplemental attestation to the parties.

(c) The court shall dismiss the plaintiff’s claim without prejudice if the plaintiff fails to provide the information required in this section or fails to satisfy an order to supplement the plaintiff’s attestation within the time the information is required to be provided to the parties.

(d) A defendant whose product or premises is not specifically identified in the plaintiff’s attestation may file a motion with the court to dismiss the plaintiff’s claim against that defendant without prejudice.
Ala. Code § 6-6-312 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-312
Section 6-6-312 Commencement of Action Where Property Held Jointly
Status: in_force

Where title or possession of the premises is held by several persons jointly, as by tenants in common, coparceners, partners, or other joint occupancy or title, they are seized for themselves and for each other; all are equally entitled to possession; and, conversely, the possession of any one is the possession of all; and any joint tenant may commence an action of forcible entry and detainer against a stranger and recover the entire possession, which inures to the benefit of all.
Ala. Code § 6-6-804 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-804
Section 6-6-804 Effect of Enforcement by Mortgagee
Status: in_force

A request by a mortgagee for appointment of a receiver, the appointment of a receiver, or application by a mortgagee of receivership property or proceeds to the secured obligation does not do any of the following:

(1) Make the mortgagee a mortgagee in possession of the real property.

(2) Make:

a. The mortgagee an agent of the owner, receiver, or mortgagor;

b. The owner an agent of the mortgagee, receiver, or mortgagor;

c. The receiver an agent of the mortgagee, owner, or mortgagor; or

d. The mortgagor an agent of the owner, mortgagee, or receiver.

(3) Constitute an election of remedies that precludes a later action to enforce the secured obligation.

(4) Make the secured obligation unenforceable.

(5) Limit any right available to the mortgagee with respect to the secured obligation.
Ala. Code § 6-5-734 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-734
Section 6-5-734 Pleading Requirements; Stay of Discovery
Status: in_force

(a) In any action exempted under subdivision (1) of Section 6-5-733, the complaint initiating the action shall state with particularity for each defendant and cause of action all of the following:

(1) The statute, rule, or other law of the state or of the United States that allegedly creates the cause of action.

(2) Each element of the cause of action and the specific facts alleged to satisfy each element of the cause of action.

(3)a. The exemption under subsection (a) being relied upon and the specific facts that allegedly demonstrate that the violation of the statute, rule, or other law in subdivision (1) proximately caused actual injury to the plaintiff.

b. In any action exempted under subdivision (2) of Section 6-5-733, in addition to the foregoing pleading requirements, the complaint initiating the action shall state with particularity facts sufficient to support a reasonable inference that the violation was with intent to deceive or injure consumers or with the actual knowledge that the violation was injurious to consumers. For purposes of applying this article, the pleading requirements in this subsection are deemed part of the substantive law of the state and not merely in the nature of procedural provisions.

(b)(1) In any action exempted under Section 6-5-733, the obligation of any party or non-party to make disclosures of any kind under any applicable rule or order, or to respond to discovery requests of any kind, as well as all proceedings unrelated to adjudicating a motion to dismiss, shall be stayed prior to the time for filing a motion to dismiss and during the pendency of any such motion unless the court finds upon motion of any party that a response to a particularized discovery request is necessary to preserve evidence or to prevent undue prejudice to that party.

(2) Unless otherwise ordered by the court, during the pendency of any stay of discovery pursuant to this section, the responsibilities of the parties with regard to the treatment of all documents, data compilations, including electronically recorded or stored data, and tangible objects shall be governed by applicable rules of civil procedure. A party aggrieved by the failure of an opposing party to comply with this subdivision shall have the applicable remedies made available by such applicable rules, provided that no remedy shall be afforded that conflicts with the terms of this subdivision.
Ala. Code § 6-6-43 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-43
Section 6-6-43 By Whom Issued
Status: in_force

In the first and second cases mentioned in Section 6-6-41, an attachment may be issued by any judge of the circuit court, returnable to any county in the state, or by the clerk of the circuit court, judge of probate or any district court judge, within their respective counties; in the third and fourth cases, only by a judge of the circuit court or judge of probate, returnable to any county.
Ala. Code § 6-6-455 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-455
Section 6-6-455 Proceedings When Garnishee Liable for Delivery of Personal Property
Status: in_force

If the garnishee is liable for the delivery of personal property or for the payment of money which may be discharged by the delivery of personal property, the value of the property must be ascertained and a judgment entered against the garnishee that if he does not, by a day to be fixed by the court which must be a day after the maturity of such contract, deliver such property to the sheriff or other lawful officer, he must pay the value thereof or the sum of money which was payable therein. Upon the return of the sheriff or such other officer that such property was not delivered or the value thereof or such sum of money was not paid to him as required by the judgment, execution must be issued for the ascertained value of such property or for the sum of money payable therein, if the same is less than the amount of the judgment against the defendant in the original action, or, if more or equal thereto, for the amount thereof. If such property is delivered to the sheriff or other lawful officer, he must proceed to a sale thereof as if under execution against the defendant.
Ala. Code § 6-5-752 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-752
Section 6-5-752 Definitions
Status: in_force

For purposes of this article, the following definitions shall apply:

(1) ACCIDENT. An incident resulting in personal injury, death, or damage to property arising out of or relating to commercial aviation aircraft.

(2) AIRCRAFT. The meaning given such term in Section 40102(6) of Title 49 of the United States Code.

(3) AIRWORTHINESS CERTIFICATE. An airworthiness certificate issued under Section 44704(d) of Title 49 of the United States Code or any predecessor federal statute, or from another airworthiness authority.

(4) COMMERCIAL AVIATION AIRCRAFT. Any aircraft for which a type certificate or an airworthiness certificate has been issued by the Administrator of the Federal Aviation Administration of the United States or another airworthiness authority, which, at the time such certificate was originally issued, had a seating capacity of 100 or more passengers.

(5) DEFENDANT. Any defendant, counter-defendant, cross-defendant, or third-party defendant named in an action against a manufacturer arising out of an accident.

(6) MANUFACTURER. A manufacturer or assembler of commercial aviation aircraft or of any new component, system, subassembly, or other part of such aircraft, in its capacity as a manufacturer or assembler.

(7) REPOSE PERIOD. Twelve years with respect to commercial aviation aircraft and the components, systems, subassemblies, and other parts of such aircraft.

(8) TYPE CERTIFICATE. A type certificate issued under Section 44704(a) of Title 49 of the United States Code or any other predecessor federal statute, or another airworthiness authority.
Ala. Code § 6-5-156.2 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-156.2
Section 6-5-156.2 Dismissal of Complaint Filed by Private Citizen; Prosecution by District Attorney or Prosecuting Attorney; Substitution of Complainant
Status: in_force

(a) If a complaint is filed by a private citizen, it may not be dismissed except upon a sworn statement by the complainant and his or her attorney, setting forth the reason why the action should be dismissed. A copy of the sworn statement shall be sent to the Attorney General and the district attorney at least seven days prior to its presentment to the court.

(b) If the court is of the opinion that the action should not be dismissed, it may direct the district attorney or prosecuting attorney to prosecute the action to judgment.

(c) Any citizen of the county in which the alleged drug-related nuisance is located, or an interested community-based organization, may be substituted for the complainant and prosecute the action to judgment.
Ala. Code § 6-5-270 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-270
Section 6-5-270 Legislative Findings
Status: in_force

The Legislature finds that shoplifting and employee theft have reached near epidemic proportions and that efforts to control these criminal offenses through traditional methods have proven unsuccessful and costly to both the general public and to business.

The existing criminal justice system is overcrowded and burdened thereby causing unreasonable delay. Continual use of the criminal justice system for shoplifting and employee theft offenses creates a further strain on an already overcrowded criminal docket, thereby requiring more tax revenue to pay for a continual expansion of the criminal justice system.

The continuous growth of shoplifting and employee theft cases in the face of traditional efforts to control these offenses represent added cost to retailers which, in turn, is passed on to the consumer in higher prices. Additionally, the merchandise lost to theft is not converted to profit in the form of sales for the retailer which results in millions of dollars in tax revenues lost.

Therefore, the Legislature deems that the utilization of an alternative form of deterrence to eliminate shoplifting and employee theft which avoids the stigma of a criminal record is more desirable than the present system.
Ala. Code § 6-9-24 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-24
Section 6-9-24 Alias Writs
Status: in_force

(a) More than one writ of execution may be issued at the plaintiff’s cost, though the first be not returned; and when a writ of execution is returned not satisfied, or satisfied only in part, an alias writ of execution may be issued.

(b) When a judgment has been satisfied in part and an alias execution is issued, the clerk or register must endorse thereon the amount which had been previously made with the date of its collection or payment.
Ala. Code § 6-7-40 — Alabama Code / Title 6 / Chapter 7 / Section 6-7-40
Section 6-7-40 Action Against Cotenant or Coparcener
Status: in_force

A joint tenant, tenant in common, or tenant in coparcenary may commence an action against his cotenant or coparcener, or personal representative for receiving more than his lawful proportion.
Ala. Code § 6-7-81 — Alabama Code / Title 6 / Chapter 7 / Section 6-7-81
Section 6-7-81 Commencement of Actions Against; Satisfaction of Judgment
Status: in_force

(a) Actions may be commenced against, and in the name of, any unincorporated organization or association for any cause of action for or upon which the plaintiff therein may commence such an action against the members of such organization or association.

(b) Where a judgment in such action is entered in favor of the plaintiff against such organization or association, the property of such organization or association shall be liable to the satisfaction of such judgment.
Ala. Code § 6-5-334 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-334
Section 6-5-334 Employees of Medical Services Administration, Etc., Investigating and Bringing Charges Against Doctors, Etc., Relating to Fraud or Abuse of Medicaid Program, Etc
Status: in_force

Any employee of the medical services administration and any other state employee who has the authority to investigate and bring charges against doctors or providers of health care relating to medical payments and cases of alleged fraud or abuse of the Medicaid program shall be relieved and exempt from civil liability arising from said investigation or charges so long as such investigation and charges have been made in good faith without malice and on the basis of facts reasonably known or reasonably believed.
Ala. Code § 6-6-231 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-231
Section 6-6-231 Awarding of Costs
Status: in_force

In any proceeding under this article, the court may make such award of costs as may seem equitable and just.
Ala. Code § 6-5-275 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-275
Section 6-5-275 Construction of Article
Status: in_force

This article shall not be construed to prohibit or limit any other course of action which a merchant may have against a person who unlawfully takes merchandise from the merchant’s premises. Enforcement of this article is not a violation of Section 13A-10-7.
Ala. Code § 6-9-253 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-253
Section 6-9-253 Recognition of Foreign-Country Judgments
Status: in_force

(a) Except as otherwise provided in subsections (b) and (c), a court of this state shall recognize a foreign-country judgment to which this article applies.

(b) A court of this state shall not recognize a foreign-country judgment if:

(1) the judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;

(2) the foreign court did not have personal jurisdiction over the defendant; or

(3) the foreign court did not have jurisdiction over the subject matter.

(c) A court of this state need not recognize a foreign-country judgment if:

(1) the defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;

(2) the judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;

(3) the judgment or the claim for relief on which the judgment is based is repugnant to the public policy of this state or of the United States;

(4) the judgment conflicts with another final and conclusive judgment;

(5) the proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;

(6) in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;

(7) the judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or

(8) the specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.

(d) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) or (c) exists.
Ala. Code § 6-6-26.21 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-26.21
Section 6-6-26.21 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This division modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Ala. Code § 6-7-103 — Alabama Code / Title 6 / Chapter 7 / Section 6-7-103
Section 6-7-103 Action for Improper Appointment of Guardians Ad Litem; Statute of Limitations Thereon; Liability for Suggestion of Appointment by Plaintiff, Etc
Status: in_force

(a) Any judge, register, clerk, or other officer who shall knowingly appoint any person as guardian ad litem for any infant or non compos mentis in violation of the provisions of the Alabama Rules of Civil Procedure, shall be liable to a penalty of $200, which may be recovered by such infant or non compos mentis, or his next friend suing for him, in an action in any court having jurisdiction of civil actions for such amount. Such a claim shall not be barred by the statute of limitations until after two years after the arrival of the infant at the age of 19 years or the restoration of the non compos mentis to sanity.

(b) Any plaintiff or petitioner, his attorney, or counsel, or any person for him who shall suggest or nominate a guardian ad litem in any action commenced by such plaintiff or petitioner shall be liable to the same penalty and action as provided for in subsection (a) of this section.
Ala. Code § 6-7-80 — Alabama Code / Title 6 / Chapter 7 / Section 6-7-80
Section 6-7-80 Right to Commence Actions
Status: in_force

An action may be commenced by, and in the name of, any unincorporated organization or association.
Ala. Code § 6-5-60 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-60
Section 6-5-60 By Whom and Against Whom Action May Be Commenced; Venue
Status: in_force

(a) Any person, firm, or corporation injured or damaged by an unlawful trust, combine, or monopoly, or its effect, direct or indirect, may, in each instance of such injury or damage, recover the sum of $500 and all actual damages from any person, firm, or corporation creating, operating, aiding, or abetting such trust, combine, or monopoly and may commence the action therefor against any one or more of the parties to the trust, combine, or monopoly, or their attorneys, officers, or agents, who aid or abet such trust, combine, or monopoly. All such actions may be prosecuted to final judgment against any one or more of the defendants thereto, notwithstanding there may be a dismissal, acquittal, verdict, or judgment in favor of one or more of the defendants.

(b) Actions under this section may be commenced in any county where the trust, combine, or monopoly was formed or where it exists or is carried on, promoted, operated, practiced, employed, used, or enjoyed, or in any county in which either of the defendants may have a domicile or where an officer or agent of any defendant corporation may be found.
Ala. Code § 6-6-412 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-412
Section 6-6-412 Money in Hands of Attorney, Sheriff, or Other Officer
Status: in_force

Money in hands of an attorney-at-law, sheriff, or other officer may be garnished; and, in the case of officers of the court, the money must be paid into the court to abide the result of the action, unless the court otherwise directs.
Ala. Code § 6-9-150 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-150
Section 6-9-150 Conveyance by Sheriff of Lands Sold by Predecessor
Status: in_force

When any sheriff authorized by law to sell real estate makes such sale and dies or vacates his office before making a conveyance to the purchaser thereof, the court from which the writ issued, upon proof of the sale and of the payment of the purchase money, may order the successor in office of the sheriff making such sale to make a conveyance of such lands to the purchaser, and such conveyance shall relate back to the date of the sale. If the purchaser is the plaintiff in the judgment, proof that he has credited, or the fact that he does credit, on the record the defendant with the amount of the purchase money, less the necessary expenses and costs, is equivalent to proof of payment of the purchase money.
Ala. Code § 6-6-430 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-430
Section 6-6-430 Filing of Bond; Discharge of Money or Property from Garnishment; Proceedings as If Bond Not Executed; Judgment; Discharge of Garnishee
Status: in_force

(a) When garnishment has been issued in aid of a pending action or upon a judgment, the defendant may make and file with the judge or clerk issuing the garnishment bond in such sum as the judge or clerk may prescribe, not exceeding twice the amount of the plaintiff’s demand, payable to the plaintiff, with sufficient surety, to be approved by such judge or clerk, conditioned to pay the amount for which the garnishee may be found indebted or liable to the defendant and the cost of the garnishment. Thereupon, the money or property in the hands of the garnishee is discharged from the garnishment and the garnishee relieved of all liability therefor to the plaintiff; but the garnishee must answer, and, except as is otherwise provided in this article, the case must proceed and be determined as if such bond had not been executed.

(b) If the garnishee is found to be indebted or liable to the defendant in money or property, the amount or value thereof must be ascertained and judgment entered for such amount or value against the defendant and the sureties on such bond and for the costs of the garnishment; but such judgment, exclusive of the costs of the garnishment, must not exceed the amount of the judgment, interest and costs in the original action or the amount of the bond. If the garnishee shall fail to answer, a conditional judgment may be entered against him and proceedings had thereon as in other cases; and, if the conditional judgment is made absolute, judgment for the like amount must be entered against the defendant and the sureties on his bond and for the costs of the garnishment, subject to the limitations expressed in this section; and execution thereon may issue against the defendant and his sureties on such bond, but not against the garnishee. No judgment must be entered against the bond until judgment has been entered in the original action in favor of the plaintiff against the defendant.

(c) The garnishee is not discharged from liability to the defendant until he has paid the debt or satisfied the demand the garnishment was intended to reach.
Ala. Code § 6-10-43 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-43
Section 6-10-43 Effect of Contest on Sale of Property and Lien Thereon
Status: in_force

When a contest of a claim of exemption has been instituted, the property in contest shall not be sold by the officer until the contest is decided, but the lien thereon under the process or levy shall not be destroyed or impaired by the pendency of the contest.
Ala. Code § 6-9-233 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-233
Section 6-9-233 Filing Requirements; Notice of Filing; When Execution May Issue
Status: in_force

(a) At the time of filing, the judgment creditor, or his lawyer, shall make and file with the clerk of the circuit court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor. In addition, such affidavit shall include a statement that the foreign judgment is valid, enforceable, and unsatisfied.

(b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the special docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor’s lawyer, if any, in this state. In addition, the judgment creditor may mail notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.

(c) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until 30 days after the date the judgment is filed.
Ala. Code § 6-2-34 — Alabama Code / Title 6 / Chapter 2 / Section 6-2-34
Section 6-2-34 Commencement of Actions - Six Years
Status: in_force

The following must be commenced within six years:

(1) Actions for any trespass to person or liberty, such as false imprisonment or assault and battery;

(2) Actions for any trespass to real or personal property;

(3) Actions for the detention or conversion of personal property;

(4) Actions founded on promises in writing not under seal;

(5) Actions for the recovery of money upon a loan, upon a stated or liquidated account or for arrears of rent due upon a parol demise;

(6) Actions for the use and occupation of land;

(7) Motions and other actions against the sureties of any sheriff, coroner, constable, or any public officer and actions against the sureties of executors, administrators, or guardians for any nonfeasance, misfeasance, or malfeasance, whatsoever, of their principal, the time to be computed from the act done or omitted by their principal which fixes the liability of the surety;

(8) Motions and other actions against attorneys-at-law for failure to pay over money of their clients or for neglect or omission of duty; and

(9) Actions upon any simple contract or speciality not specifically enumerated in this section.
Ala. Code § 6-6-371 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-371
Section 6-6-371 Applicability of Section 6-6-143
Status: in_force

The provisions of Section 6-6-143 are applicable to garnishments.
Ala. Code § 6-5-709 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-709
Section 6-5-709 Construction of Article
Status: in_force

Nothing in this article shall be interpreted or construed to alter or affect the rights of any awarding authority to make a claim against a contractor or to exempt a contractor from compliance with all provisions of contracts between such contractors and an awarding authority.
Ala. Code § 6-5-160.3 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-160.3
Section 6-5-160.3 Standards of Proof; Remedies; Enforcement
Status: in_force

(a) A plaintiff is required by a preponderance of the evidence to establish that a nuisance exists. The plaintiff is required by clear and convincing evidence to establish that the owner of the property who is not a resident or in actual possession of the property was criminally culpable in aiding and abetting the nuisance.

(b) If the existence of a nuisance is found, the judgment may include actual damages and an injunction to restrain, abate, and prevent the continuance or recurrence of the nuisance. The court may grant declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction or order and enforce the judgment or order.

(c) The court may retain jurisdiction of the case for the purpose of enforcing its orders.

(d) If a nuisance is found, the court shall have additional power to fashion any one or more of the following remedies:

(1) Assess damages against the defendant in favor of each plaintiff of not less than three hundred dollars ($300) nor more than ten thousand dollars ($10,000).

(2) Assess costs of the action against the defendant.

(3) Assess reasonable attorney’s fees from the time of the filing of the complaint, payable to a private attorney filing the complaint or to the municipal, county, or state agency by which the prosecuting attorney is employed.

(4) When a government agency is a plaintiff in the action, assess a fine against the defendant of not less than five hundred dollars ($500) nor more than twenty thousand dollars ($20,000), in addition to attorney’s fees. All fines shall be paid into the general fund of the county if the plaintiff is the county governing body or a county government agency.

(5) Suspend or revoke any business, housing, or operational license.
Ala. Code § 6-6-26.04 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-26.04
Section 6-6-26.04 Beginning and Concluding Collaborative Law Process
Status: in_force

(a) A collaborative law process begins when the parties sign a collaborative law participation agreement.

(b) A tribunal may not order a party to participate in a collaborative law process over that party’s objection.

(c) A collaborative law process is concluded by a:

(1) resolution of a collaborative matter as evidenced by a signed record;

(2) resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or

(3) termination of the process.

(d) A collaborative law process terminates:

(1) when a party gives notice to other parties in a record that the process is ended;

(2) when a party:

(A) begins a proceeding related to a collaborative matter without the agreement of all parties; or

(B) in a pending proceeding related to the matter:

(i) initiates a pleading, motion, order to show cause, or request for a conference with the tribunal;

(ii) requests that the proceeding be put on the tribunal’s active calendar; or

(iii) takes similar action requiring notice to be sent to the parties; or

(3) except as otherwise provided by subsection (g), when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.

(e) A party’s collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.

(f) A party may terminate a collaborative law process with or without cause.

(g) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection (e) is sent to the parties:

(1) the unrepresented party engages a successor collaborative lawyer; and

(2) in a signed record:

(A) the parties consent to continue the process by reaffirming the collaborative law participation agreement;

(B) the agreement is amended to identify the successor collaborative lawyer; and

(C) the successor collaborative lawyer confirms the lawyer’s representation of a party in the collaborative process.

(h) A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative matter or any part thereof as evidenced by a signed record.

(i) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
Ala. Code § 6-6-48 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-48
Section 6-6-48 By One Nonresident Against Another Nonresident
Status: in_force

A nonresident of this state may sue out an attachment against a nonresident for an existing debt or ascertained liability; but the plaintiff, his agent or attorney is required, in addition to the oath necessary in other cases, to swear that, according to the best of his knowledge, information and belief, the defendant has not sufficient property within the state of his residence wherefrom to satisfy the debt and must also give bond as in other cases, with surety resident in this state.
Ala. Code § 6-5-731 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-731
Section 6-5-731 Definitions
Status: in_force

For purposes of this article, the following words have the following meanings:

(1) CLAIM. Any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person.

(2) GENERALLY KNOWN CONDITION ALLEGEDLY CAUSED BY OR ALLEGEDLY LIKELY TO RESULT FROM LONG-TERM CONSUMPTION. A condition generally known to result or to likely result from the cumulative effect of consumption, and not from a single instance of consumption.

(3) KNOWING AND WILLFUL. Conduct in violation of federal or state law which meets both of the following criteria:

a. The conduct constituting the violation was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers.

b. The conduct constituting the violation was not required by regulations, orders, rules, or other pronouncement of, or any statute administered by, a federal, state, or local government agency.

(4) OTHER PERSON. Any individual, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity, including any governmental entity or private attorney general.
Ala. Code § 6-5-147 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-147
Section 6-5-147 Closing Place Pending Final Decision - Order
Status: in_force

(a) If on the hearing for a preliminary injunction it shall appear that the person owning, in control, or in charge of the nuisance so enjoined has received five days’ notice of the hearing, then, unless such person shall show to the satisfaction of the court or judge that the nuisance complained of has been abated, the court or judge shall issue an order closing the place against its use for any purpose until final decision shall be entered on the application for a permanent injunction.

(b) Such order shall also continue in effect for such further period the temporary restraining order provided in Section 6-5-145 if already issued or, if not issued, shall include such an order restraining for such period the removal or interference with the personal property and contents located thereat or therein as provided, and such restraining order shall be served and the inventory of such property shall be made and filed as provided in such section.
Ala. Code § 6-5-541 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-541
Section 6-5-541 Short Title; Construction
Status: in_force

This article may be cited and known as “The Alabama Medical Liability Act of 1987” and is intended to supplement “The Alabama Medical Liability Act,” Act No. 513 of the 1975 Regular Session of the Alabama Legislature. The provisions of this article shall be construed so as to be consistent with Act No. 513 of the 1975 Regular Session of the Alabama Legislature and the legislative intent stated herein.
Ala. Code § 6-5-487 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-487
Section 6-5-487 Advance Payments by Defendant or Insurer Not Admission of Liability; Advance Payments in Excess of Award Not Repayable
Status: in_force

(a) In all actions for medical liability, any advance payment made by the defendant or his insurer to or for the plaintiff, or any other person, may not be construed as an admission of liability for injuries or damages suffered by the plaintiff or anyone else. Evidence of such advance payment is not admissible until there is a final judgment in favor of the plaintiff, in which event the court shall reduce the judgment to the plaintiff to the extent of advance payment. The advance payment shall inure to the exclusive credit of the defendant or his insurer making the payment. In the event the advance payment exceeds the liability of the defendant or the insurer making it, the court shall order any adjustment necessary to equalize the amount which each defendant is obligated to pay, exclusive of cost.

(b) In no case shall an advance payment in excess of an award be repayable by the person receiving it.
Ala. Code § 6-5-271 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-271
Section 6-5-271 Liability for Theft or Attempted Theft; Liability of Parents of Unemancipated Minor; Liability for Defrauding an Eating Establishment; Liability of Foster Home
Status: in_force

(a) An adult or emancipated minor who commits or attempts to commit a theft of property consisting of goods for sale on the premises of a merchant in violation of Sections 13A-8-3, 13A-8-4, or 13A-8-5, shall be civilly liable to the merchant in an amount consisting of all of the following:

(1) The full retail value of the merchandise if not recovered in merchantable condition at its full retail price.

(2) Expenses for recovery of the merchandise in the amount of $200.

(3) Reasonable attorney’s fees and court costs not to exceed $1000.

(b) Parents or legal guardians of an unemancipated minor under the age of 19 shall be liable in a civil action for the minor who commits or attempts to commit a theft of property consisting of goods for sale on the premises of a merchant in violation of Sections 13A-8-3, 13A-8-4, or 13A-8-5, to the merchant in an amount consisting of all of the following:

(1) The full retail value of the merchandise if not recovered in merchantable condition at its full retail price.

(2) Expenses for recovery of the merchandise in the amount of $200.

(3) Reasonable attorney’s fees and court costs not to exceed $1000.

(4) Parents or legal guardians of an unemancipated minor under the age of 19 shall only be liable in a civil action in any calender year for up to three offenses under the provisions of this article with a maximum liability of $750 for each offense.

(c) A customer who orders a meal in a restaurant or other eating establishment, receives at least a portion thereof, and then leaves with the intent to defraud the eating establishment, without paying for the meal is subject to liability under this section, if such meal is received by the customer in a good and merchantable condition.

(d) Persons operating a certified foster home are not liable under this section for the acts of children not related to them by blood or marriage who are under their care, nor shall parents or legal guardians whose child is not living with them or where the juvenile violates Sections 13A-8-3, 13A-8-4 or 13A-8-5, with the intent to make the parent or legal guardian liable, be held liable under this article.
Ala. Code § 6-5-335 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-335
Section 6-5-335 Volunteer Firemen or Rescue Squad Members Entering Burning Buildings, Etc., and Attempting to Preserve and Protect Said Buildings, Property Therein, Etc
Status: in_force

When any member of any organized rescue squad or volunteer nonprofit fire department, gratuitously and in good faith, enters any building, house, or structure which is burning or endangered by fire and makes efforts to preserve and protect said property and any other property contained therein or located on the premises thereof, such members shall not be liable for any civil damages for such entering or as result of any acts or omissions in rendering such efforts; nor shall such members be liable for any civil damages in rendering such efforts for their acts or omissions causing injuries to fellow volunteers or to owners of said property; provided, however, that this section shall not apply to civil damages for wanton misconduct.
Ala. Code § 6-9-160 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-160
Section 6-9-160 Restoration of Property Levied on to Debtor Upon Executing Bond; Execution on Forfeiture of Bond; Exception
Status: in_force

(a) When personal property is levied on by the sheriff, if the defendant executes bond with sufficient surety in double the amount of the execution payable to the plaintiff and conditioned to deliver the property levied on to the proper officer by 12:00 noon of the day and at the place appointed for the sale thereof, the sheriff must restore the property to the defendant.

(b) If the property is not delivered according to the condition of the bond, the sheriff must return it forfeited within five days thereafter to the register or clerk’s office out of which the execution issued, endorsing thereon a forfeiture of the bond; and it is then the duty of the clerk or register, without delay, to issue execution on the forfeited bond against all the obligors therein for the judgment and costs, upon which no security of any kind can be taken, which he must endorse on the writ.

(c) Subsections (a) and (b) of this section do not apply to executions issued on judgments against sheriff, coroner or other officers of court against whom judgment is obtained for failing to pay over money collected by or paid to them in their official capacity, and the clerk or register must endorse on all such executions, “No security of any kind to be taken.”
Ala. Code § 6-6-663 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-663
Section 6-6-663 Hearing and Determination
Status: in_force

Unless in cases otherwise directed by this article, the court must hear and determine the motion and enter judgment upon the evidence without a jury unless an issue is tendered and a jury trial demanded, when a jury must be immediately impaneled to try the facts, unless good cause shall be shown for a continuance.
Ala. Code § 6-6-642 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-642
Section 6-6-642 Effect of Article
Status: reserved

The common law, as now in force in this state, touching any of the matters embraced in this article, is not repealed, but left in full force, the true intent and meaning of this article being to provide a plain, more speedy, and less expensive mode of procedure in all cases to which it applies; nor is anything contained in this article intended to repeal, alter, or change any statute of this state now in force in reference to proceedings for habeas corpus or mandamus.
Ala. Code § 6-9-193 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-193
Section 6-9-193 Issuance of Execution in Favor of Personal Representative or Successor Without Revival
Status: in_force

When a plaintiff dies after the entry of a judgment in his favor and such judgment is unsatisfied, execution may issue thereon in favor of the personal representative of such deceased plaintiff, and in like manner when a judgment is entered in favor of an executor, administrator, guardian or trustee who dies, resigns, is removed, or whose authority ceases from any cause, execution may issue in favor of the successor without a revival.
Ala. Code § 6-9-147 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-147
Section 6-9-147 Setting Aside of Sales by Courts
Status: in_force

Courts have full power over their officers making execution or judicial sales, and whenever satisfied that a sale made under any legal process is infected with fraud, oppression, irregularity, or error to the injury of either party, the sale will be set aside.
Ala. Code § 6-10-38 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-38
Section 6-10-38 (Amended by Act 2026-203) Contest of Exemption Claim - Proceedings When Homestead Found to Exceed Value or Area Allowed
Status: in_force

AMENDED BY ACT 2026-203, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) If, on the trial of a contest of a claim of homestead exemption, it is found that the homestead as claimed exceeds $5,000 in value (or if a husband and wife have both claimed the exemption to which each is entitled, $10,000), or 160 acres in area, the court shall forthwith issue an order to the sheriff, returnable in 30 days thereafter, commanding him to summon three disinterested householders or freeholders of the county in which the homestead is situated, who, after having been sworn by the sheriff or some officer authorized to administer oaths to faithfully discharge their duty, shall, if practicable, set off and allot, by metes and bounds, the homestead exempt to the defendant from levy and sale under process, having regard both to the quality and value of the real estate and to the selection of the defendant and taking land most contiguous to the dwelling, and including such dwelling and appurtenances. The commissioners, as soon as practicable, shall make return of the homestead so allotted and set off by them, in writing subscribed by them, to the sheriff, who shall make due return thereof to the court issuing the order; and the homestead, thus allotted and set off, shall be released from the levy and the residue of the land sold under the order of the court, unless for good cause shown, the courts shall set aside the commissioners’ return, in which event another order for summoning commissioners shall be issued. If the commissioners summoned, or any of them, shall fail to act, the sheriff shall summon others to fill their places.

(b) If the homestead, after having been reduced to its lowest practicable area, still exceeds in value $5,000 (or if a husband and wife have both claimed the exemption to which each is entitled, $10,000) thereby rendering it impracticable to allot and set it off under subsection (a) of this section, the commissioners shall so make return to the sheriff, who shall thereupon proceed, as in other cases, to advertise and offer the same for sale under the process. If at the sale he receives a bid therefor exceeding $5,000 (or if a husband and wife have both claimed the exemption to which each is entitled, $10,000) he shall sell the same, and of the purchase money $5,000 shall be paid to the defendant (or if a husband and wife have both claimed the exemption, $5,000 paid to each), or into the court for him or her, in lieu of the homestead, and the excess only shall be applied to the satisfaction of the process; but if no bid in excess of $5,000 (or if a husband and wife have both claimed the exemption to which each is entitled, $10,000) shall be received, the sheriff shall discharge the levy at the plaintiff’s cost and return the process, and thereafter no process issued to enforce the plaintiff’s demand shall be levied on such homestead so long as it shall continue a homestead except on the written demand of the plaintiff accompanied by an offer in writing to purchase the same for an amount exceeding $5,000 (or if a husband and wife have both claimed the exemption to which each is entitled, $10,000), which offer must state the amount and, at the election of the defendant, shall be binding on the plaintiff.

(c) When a sale is made under subsection (b) of this section and any defendant dies before receiving their $5,000 standing in lieu of the homestead, the same shall be paid to his or her personal representative, who shall receive and hold it subject to the homestead rights of the defendant’s surviving spouse and minor child or children, or either, if there be such; but, if there be none such, the personal representative shall first apply the same to the payment of the demand for the enforcement of which the process issued, and the balance he shall administer as personal assets of the estate.
Ala. Code § 6-8-30 — Alabama Code / Title 6 / Chapter 8 / Section 6-8-30
Section 6-8-30 Power to Have Abstract of Title Made; Inspection Thereof by Prospective Purchasers; Costs of Abstract
Status: in_force

(a) Whenever any court shall order the sale of any real estate or interest therein, the court shall have power to have an abstract of the title of the property to be sold to be made by some competent person or company, which said abstract shall be filed with the officer making the sale for five days before the date of the sale, and which shall be open to the inspection and examination of any prospective purchaser.

(b) The court shall fix the compensation of the person or company making such abstract, and the amount so fixed shall be a part of the cost and expenses of said sale and shall be paid out of the proceeds thereof.
Ala. Code § 6-5-170 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-170
Section 6-5-170 Definition
Status: in_force

False imprisonment consists in the unlawful detention of the person of another for any length of time whereby he is deprived of his personal liberty.
Ala. Code § 6-5-189 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-189
Section 6-5-189 Effect of Tender of Money
Status: in_force

The receipt of money tendered before an action is commenced is a bar to the action and, if after an action is commenced, such releases the defendant from all damages and costs, except the costs which accrued before the tender and receipt of the money.
Ala. Code § 6-5-71.1 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-71.1
Section 6-5-71.1 Legislative Intent
Status: in_force

It is the intent of the Legislature in enacting Act 2023-25 to provide a new standard of liability for damages resulting from intoxication due to alcoholic beverages. To the extent that McIsaac v. Monte Carlo Club, Inc., 587 So. 2d 320 (Ala. 1991), enunciated a strict liability standard, it is the intent of the Legislature to repeal that standard and replace it with the new standard provided in Act 2023-25. It is not the intent of the Legislature for any provision of Act 2023-25 to alter or amend Section 6-5-70 or 6-5-72, nor is it the intent of the Legislature to broaden liability to social hosts for serving alcoholic beverages to an individual 21 years of age or older.
Ala. Code § 6-6-314 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-314
Section 6-6-314 Liability of Lessee Holding Over; How Such Recovered
Status: in_force

Any person who, having entered into the possession of lands and tenements under a contract of lease, forcibly or unlawfully retains the possession thereof after the expiration of his term or refuses to surrender the same on the written demand of the lessor, his agent, or attorney or legal representative, is liable for double the amount of the annual rent agreed to be paid under such contract and for such other special damages as may be thereby sustained by the party thus unlawfully kept out of possession, to be recovered as now provided by law in actions of unlawful detainer or by a civil action for damages.
Ala. Code § 6-6-564 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-564
Section 6-6-564 Publication of Notice
Status: in_force

Notice of the pendency of the complaint provided for in Section 6-6-561 shall be drawn and signed by the register or clerk of the court in which the proceeding is pending, and the register or clerk shall have such notice published once a week for four consecutive weeks in some newspaper having general circulation and published in the county where the lands lie or, if no newspaper is published in said county, then in such a newspaper published in an adjoining county; if no such newspaper is published in an adjoining county, then in such a newspaper published in the county nearest to the county where said lands lie. Each circuit court in the state must prescribe, by a rule of the court or by a separate order made in each case, in what newspaper such publications may be made.
Ala. Code § 6-5-332.1 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-332.1
Section 6-5-332.1 Immunity of Persons Assisting or Advising as to Mitigation of Effects of Discharge of Hazardous Materials; Nonimmunity of Certain Persons
Status: in_force

(a) As used in this section, the following words and terms shall have meanings respectively ascribed to them by this section:

(1) DISCHARGE. Includes leakage, seepage, or other release.

(2) HAZARDOUS MATERIALS. Includes all materials and substances which are now or hereafter designated or defined as hazardous by any state or federal law or by the regulations of any state or federal government agency.

(3) PERSON. Includes any qualified individual, partnership, corporation, association, or other entity. A qualified individual is one who is trained in the handling of hazardous materials.

(b) Notwithstanding any provision of law to the contrary, no person, including a response action contractor as defined in Section 22-35-3, who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, or disposing of, or in attempting to prevent, clean up, or dispose of any such discharge, shall be subject to civil liabilities or penalties of any type.

(c) The immunities provided in subsection (b) of this section shall not apply to any person whose acts or omissions proximately caused, in whole or in part, the original actual or threatening discharge or any additional or further actual or threatening discharge.

(d) Nothing in subsection (b) of this section shall be construed to limit or otherwise affect the liability of any person for damages resulting from such person’s gross negligence, or from such person’s reckless, wanton, or intentional misconduct.

(e) Nothing in subsection (b) of the this section shall be construed to limit or otherwise affect the liability of any product manufacturer or seller for damages where such manufacturer or seller’s product proximately caused, in whole or in part, the original actual or threatening discharge; any additional or further actual or threatening discharge; or the additional or further migration of the original actual discharge.
Ala. Code § 6-10-24 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-24
Section 6-10-24 Declaration of Claimed Exemptions - Effect of Waiver or Contest
Status: in_force

After such declaration of claim has been filed for record, the property therein embraced shall not be subject to levy unless there is endorsed on the process the fact that there has been a waiver of exemption as to the kind of property on which the levy is sought to be made or the claim is contested.
Ala. Code § 6-5-771 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-771
Section 6-5-771 Definitions
Status: in_force

For the purposes of this article, the following terms shall have the following meanings unless the context clearly indicates otherwise:

(1) INDICIA OF IDENTITY. Include those attributes of a person that serve to identify that person to an ordinary, reasonable viewer or listener, including, but not limited to, name, signature, photograph, image, likeness, voice, or a substantially similar imitation of one or more of those attributes.

(2) PERSON. A natural person or a deceased natural person who at any time resided in this state or died while in this state or whose estate is, or was, probated in any county in this state.

(3) RIGHT OF PUBLICITY. There is a right of publicity in any indicia of identity, both singular and plural, of every person, whether or not famous, which right endures for the life of the person and for 55 years after his or her death, whether or not the person commercially exploits the right during his or her lifetime. The right is freely transferable and descendible, in whole or in part, and shall be considered property of the estate of the decedent unless otherwise transferred.
Ala. Code § 6-9-257 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-257
Section 6-9-257 Stay of Proceedings on Appeal
Status: in_force

If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
Ala. Code § 6-6-16 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-16
Section 6-6-16 Common-Law Arbitration Not Precluded
Status: in_force

Nothing contained in this division shall prevent any person or persons from settling any matters of controversy by a reference to arbitration at common law.
Ala. Code § 6-6-26.01 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-26.01
Section 6-6-26.01 Definitions
Status: in_force

In this division:

(1) “Collaborative law communication” means a statement, whether oral or in a record, or verbal or nonverbal, that:

(A) is made to conduct, participate in, continue, or reconvene a collaborative law process; and

(B) occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded.

(2) “Collaborative law participation agreement” means an agreement by persons to participate in a collaborative law process.

(3) “Collaborative law process” means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:

(A) sign a collaborative law participation agreement; and

(B) are represented by collaborative lawyers.

(4) “Collaborative lawyer” means a lawyer who represents a party in a collaborative law process.

(5) “Collaborative matter” means a dispute, transaction, claim, problem, or issue for resolution, including a dispute, claim, or issue in a proceeding, which is described in a collaborative law participation agreement and arises under the family or domestic relations law of this state, including, but not limited to, the following:

(A) marriage, divorce, dissolution, annulment, and property distribution;

(B) child custody, visitation, and parenting time;

(C) alimony, maintenance, and child support;

(D) adoption and other probate court matters involving families and children;

(E) parentage; and

(F) premarital, marital, and post-marital agreements.

(6) “Law firm” means a lawyer or lawyers in a private firm, lawyers employed in the legal department of a corporation or other organization, and lawyers employed in a legal services organization.

(7) “Nonparty participant” means a person, other than a party and the party’s collaborative lawyer, that participates in a collaborative law process.

(8) “Party” means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.

(9) “Person” means an individual or entity including those acting in a fiduciary capacity, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(10) “Proceeding” means:

(A) a judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and post-hearing motions, conferences, and discovery; or

(B) a legislative hearing or similar process.

(11) “Prospective party” means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.

(12) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(13) “Related to a collaborative matter” means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter.

(14) “Sign” means, with present intent to authenticate or adopt a record:

(A) to execute or adopt a tangible symbol; or

(B) to attach to or logically associate with the record an electronic symbol, sound, or process.

(15) “Tribunal” means:

(A) a court, arbitrator, administrative agency, or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party’s interests in a matter; or

(B) a legislative body conducting a hearing or similar process.
Ala. Code § 6-6-254 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-254
Section 6-6-254 Return of Bonds; Liability of Sheriff for Failing to Do So; Compelling Making of Return
Status: in_force

All bonds taken under this article must be returned within 10 days thereafter to the clerk of the court in which the action is pending, and, on failure, the sheriff is liable to the successful party to the amount of the value of the property and damages for its detention as assessed by the jury, with interest thereon from the entry of the judgment, to be recovered on motion to the court in which such judgment was entered on three days’ notice, or the sheriff may, at any time, be compelled by attachment to make such return.
Ala. Code § 6-6-252 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-252
Section 6-6-252 Intervention by Claimant of Property; Disposition of Property
Status: in_force

When an action is commenced for the recovery of personal property in specie under the provisions of subsection (a) of Section 6-6-250, any person claiming an interest in the property may intervene as a matter of right. Within five days after entry of the order authorizing intervention, the intervenor may make affidavit that the property sued for belongs to him and give bond in favor of the party then entitled to possession of the property pending an action, or, if neither party is then entitled to possession of the property pending an action and the property is in the custody of the sheriff, in favor of the party from whom the property was taken, the bond to be in the amount and upon the terms provided in subsection (b) of Section 6-6-250, whereupon the sheriff must deliver the property to the claimant unless, within five days after the sheriff seizes the property for delivery to the claimant, the party to whom the intervenor gave bond gives a similar bond in favor of the intervenor, in which case the property shall be returned to him. The other provisions of this article shall be applicable to intervenors as far as appropriate.
Ala. Code § 6-9-85 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-85
Section 6-9-85 Levy and Sale on Undivided Interest in Property
Status: in_force

When a defendant in execution shall own, or be entitled to, an undivided interest in any property not exclusively in his own possession, such interest may be levied on and sold by the sheriff without taking the property into actual possession, and such sale shall vest in the purchaser all the interest of the defendant in such property.
Ala. Code § 6-6-26.19 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-26.19
Section 6-6-26.19 Authority of Tribunal in Case of Noncompliance
Status: in_force

(a) If an agreement fails to meet the requirements of Section 6-6-26.03, or a lawyer fails to comply with Section 6-6-26.13 or 6-6-26.14, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:

(1) signed a record indicating an intention to enter into a collaborative law participation agreement; and

(2) reasonably believed they were participating in a collaborative law process.

(b) If a tribunal makes the findings specified in subsection (a), and the interests of justice require, the tribunal may:

(1) enforce an agreement evidenced by a record resulting from the process in which the parties participated;

(2) apply the disqualification provisions of Sections 6-6-26.04, 6-6-26.05, and 6-6-26.08; and

(3) apply any privilege under law.
Ala. Code § 6-5-811 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-811
Section 6-5-811 Compensatory Damages; Criminal Immunity Relating to in Vitro Fertilization
Status: in_force

(a) Related to in vitro fertilization and notwithstanding any provision of law, including any cause of action provided in this chapter, for the damage to or death of an embryo brought against the manufacturer of goods used to facilitate the in vitro fertilization process or the transport of stored embryos, damages shall be limited to compensatory damages calculated as the price paid for the impacted in vitro cycle.

(b) Related to in vitro fertilization and notwithstanding any provision of law, no criminal prosecution may be brought for the damage to or death of an embryo against the manufacturer of goods used to facilitate the in vitro fertilization process or the transport of stored embryos.

(c) This section is remedial in nature and is intended to apply retroactively.
Ala. Code § 6-9-98 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-98
Section 6-9-98 Endorsements on Execution Writs - Time and Order of Receipt
Status: in_force

The sheriff or other officer receiving an execution must endorse thereon the day, month, and year of its receipt, and when more than one execution against the same defendant comes to his hands on the same day, if not received at the same time, he must endorse thereon the order in which they are received.
Ala. Code § 6-6-391 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-391
Section 6-6-391 Affidavit of Amount Due Plaintiff
Status: in_force

To obtain such writ of garnishment, the plaintiff, his agent or attorney must make, before an officer authorized to administer oaths, and file, with the clerk of the court in which the action is pending or the judgment was entered, an affidavit stating the amount due from the defendant to the plaintiff, or his assignee, that process of garnishment is believed to be necessary to obtain satisfaction thereof and that the person to be summoned as garnishee is believed to be chargeable as garnishee in the case. It is not ground of objection that two or more persons having separate interests are mentioned as garnishees.
Ala. Code § 6-10-6 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-6
Section 6-10-6 Personalty
Status: in_force

The personal property of such resident, except for wages, salaries, or other compensation, to the extent of the resident’s interest therein, to the amount of seven thousand five hundred dollars ($7,500) in value, to be selected by him or her, and, in addition thereto, all necessary and proper wearing apparel for himself or herself and family, all family portraits or pictures and all books used in the family shall also be exempt from levy and sale under execution or other process for the collection of debts. No wages, salaries, or other compensation shall be exempt except as provided in Section 5-19-15 or Section 6-10-7.
Ala. Code § 6-6-483 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-483
Section 6-6-483 Answer of State Official Garnished to Show Assent to Judgment
Status: in_force

Where an official of the State of Alabama or other person designated in this division has been garnished, as provided by Section 6-6-482, and answer has been filed by said person, in accordance with the mandate of said writ, admitting that the said State of Alabama is due, or will be due, the defendant in said garnishment proceedings money for salary and has said money ready for payment when due, the said answer must also show the assent of said person that judgment may be entered in said case for the amount shown in said answer or so much thereof as may be necessary to satisfy plaintiff’s judgment. In no case shall judgment against said official or other person designated in this division as the agent of the state be entered on said answer or in said garnishment proceedings unless such assent and consent to said judgment is shown in said answer. When such final judgment is so entered, after trial of said proceedings, the said judgment shall be against the official or person returning said answer as such official or agent of the State of Alabama, as garnishee, and said judgment shall show that said official or person, as such agent of the state, consented that such judgment be entered in said garnishment proceedings.
Ala. Code § 6-3-7 — Alabama Code / Title 6 / Chapter 3 / Section 6-3-7
Section 6-3-7 Venue of Actions - Against Foreign and Domestic Corporations
Status: in_force

(a) All civil actions against corporations may be brought in any of the following counties:

(1) In the county in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of real property that is the subject of the action is situated; or

(2) In the county of the corporation’s principal office in this state; or

(3) In the county in which the plaintiff resided, or if the plaintiff is an entity other than an individual, where the plaintiff had its principal office in this state, at the time of the accrual of the cause of action, if such corporation does business by agent in the county of the plaintiff’s residence; or

(4) If subdivisions (1), (2), or (3) do not apply, in any county in which the corporation was doing business by agent at the time of the accrual of the cause of action.

(b) The residence of only any properly joined named class representative or representatives may be considered in determining proper venue in a class action. The residency of any putative or actual member of a class other than a named representative shall not be considered in determining proper venue for a class action.

(c) Anything to the contrary in Rule 82(c) of the Alabama Rules of Civil Procedure notwithstanding, in any action against a corporation, venue must be proper as to each and every named plaintiff joined in the action, unless the plaintiffs shall establish that they assert any right to relief jointly, severally, or arising out of the same transaction or occurrence and that the existence of a substantial number of questions of law or material fact common to all those persons not only will arise in the action, but also: (1) that such questions will predominate over individualized questions pertaining to each plaintiff; (2) the action can be maintained more efficiently and economically for all parties than if prosecuted separately; and (3) that the interest of justice supports the joinder of the parties as plaintiffs in one action. If venue is improper for any plaintiff joined in the action, then the claim of any such plaintiff shall be severed and transferred to a court where venue is proper. In the event severance and transfer is mandated and venue is appropriate in more than one court, a defendant sued alone or multiple defendants, by unanimous agreement, shall have the right to select such other court to which the action shall be transferred and, where there are multiple defendants who are unable to agree upon a transferee court, the court in which the action was originally filed may transfer the action to any such other court. Transfer of the action and notice thereof shall be in accord with Section 6-3-22.

(d) Notwithstanding Section 6-3-10, or any local laws relating to venue, in any county having two courthouses, the divisions shall be treated as two separate judicial districts for purposes of venue and for purposes of any change or transfer of venue, unless the jury venire is drawn from throughout the entire county.
Ala. Code § 6-5-810 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-810
Section 6-5-810 Liability for Damage to or Death of an Embryo When Providing or Receiving Services Related to in Vitro Fertilization
Status: in_force

(a) Related to in vitro fertilization and notwithstanding any provision of law, including any cause of action provided in this chapter, no action, suit, or criminal prosecution for the damage to or death of an embryo shall be brought or maintained against any individual or entity when providing or receiving services related to in vitro fertilization.

(b) This section is intended to apply retroactively to any act, omission, or course of services which are not the subject of litigation on March 6, 2024.
Ala. Code § 6-5-155.4 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-155.4
Section 6-5-155.4 Service of Summons and Complaint
Status: in_force

A copy of the summons and complaint shall be served upon the defendant at least five business days prior to the first hearing in the action. Service shall be made in accordance with the Alabama Rules of Civil Procedure. If personal service cannot be made, service may be made by posting the papers at the property. If service is made by posting papers to the property, a copy of the summons and complaint shall be mailed to the last known mailing address, if any, of the defendant.
Ala. Code § 6-5-579 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-579
Section 6-5-579 Severability of Underlying Action and Available Defenses
Status: in_force

(a) If the liability to damages of a legal services provider is dependent in whole or in part upon the resolution of a underlying action, the outcome of which is either in doubt or could have been affected by the alleged breach of the legal services provider standards of care, then, in that event, the court shall upon the motion of the legal services provider, order the severance of the underlying action for separate trial.

(b) In defense of the underlying action, the legal services provider may assert any and all substantive and procedural defense, restriction, limitation, or immunity which could have the effect of limiting, mitigating, reducing, or avoiding liability or damages.
Ala. Code § 6-5-183 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-183
Section 6-5-183 Libel or Slander - Mitigation of Damages - Evidence of Truth or Circumstances
Status: in_force

In all actions of slander or libel, the truth of the words spoken or written or the circumstances under which they were spoken or written may be given in evidence under a general denial in mitigation of the damages.
Ala. Code § 6-6-624 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-624
Section 6-6-624 Appointment - Dissolution of Attachments and Levies of Executions Against Corporations or Partnerships
Status: in_force

The commencement of proceedings for the appointment of a receiver of a corporation or a partnership shall dissolve all attachments and all levies of executions not completed made within 60 days next preceding on the property of such corporation or partnership; but if the property is subsequently taken from the receiver so that it cannot be made subject to the orders of the court in the settlement of the affairs of said corporation or partnership or if the receivership shall be terminated by order of the court pending the settlement of the affairs of the corporation or partnership, said attachments and levies of execution shall revive, and the time from the commencement of such proceedings to the time when the receiver shall be dispossessed of the property, or the finding of the court that said property is not subject to the orders of said court or when said trust shall be terminated shall be excluded from the computation in determining the continuance of the lien created by such attachment; but the attachment or levying creditors shall be allowed the amount of their legal costs accruing before the time of the appointment of a receiver as a preferred claim against the estate of said corporation or partnership if their respective claims upon which the attachments are founded shall, in whole or in part, be allowed.
Ala. Code § 6-5-160 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-160
Section 6-5-160 Legislative Findings
Status: in_force

The Legislature of Alabama finds and declares:

(1) That in order to protect children from exposure to obscenity, prevent assaults on the sensibilities of unwilling adults by the purveyor of obscene material, and suppress the proliferation of “adult-only video stores,” “adult bookstores,” “adult movie houses,” and “adult-only entertainment,” the sale and dissemination of obscene material should be regulated without impinging on the First Amendment rights of free speech by erecting barriers to the open display of erotic and lascivious material.

(2) That the premises in which a violation of Division 5, Article 4, Chapter 12, Title 13A occurs should be declared a public nuisance.
Ala. Code § 6-6-751 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-751
Section 6-6-751 Right to File Petition to Determine Validity of Obligations
Status: in_force

When any unit desiring to issue any obligations shall hold an election for that purpose in accordance with the provisions of the Constitution and laws of this state controlling and regulating such election and the returns of such election shall show prima facie that such election is in favor of the issuance of such obligations, or when the governing body of any unit, in any case where an election is not required by the Constitution or laws of this state, shall adopt any ordinance or resolution or take any other action required by law for the issuance of obligations of such unit, the governing body of such unit may in its discretion, before the issuance of any of such obligations, determine its authority to issue such obligations and the legality of all proceedings had or taken in connection therewith, the validity of the tax or other means provided for the payment thereof and the validity of all pledges of revenues and of all covenants and provisions contained in any such ordinance or resolution by filing a petition against the taxpayers and citizens of the unit in the circuit court of the county in which such election has been held or other such proceedings have been had or taken.
Ala. Code § 6-9-99 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-99
Section 6-9-99 Endorsements on Execution Writs - Description of Property Levied and Date Thereof
Status: in_force

When a levy is made on real or personal property, a full description thereof, with the date of the levy, must be endorsed upon or appended to the execution.
Ala. Code § 6-5-708 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-708
Section 6-5-708 Accrual of Action
Status: in_force

This article shall only apply to a cause of action which accrues after April 24, 2012. The amendatory provisions of Act 2023-316 shall only apply to causes of action which accrue after August 1, 2023. Pursuant to this article, a cause of action accrues at the time of property damage or the occurrence of the personal injury or death that is made the basis of the civil action.
Ala. Code § 6-12-4 — Alabama Code / Title 6 / Chapter 12 / Section 6-12-4
Section 6-12-4 Limitation on Bond Requirements in Litigation Involving Master Settlement Agreement Signatories, Successors, and Affiliates
Status: in_force

(a) In civil litigation under any legal theory involving a signatory, a successor of a signatory, or an affiliate of a signatory to the tobacco Master Settlement Agreement, as defined in Section 6-12-2, the supersedeas bond to be furnished to stay the execution of the judgment during the entire course of appellate review shall be set in accordance with applicable laws or court rules, except that the total supersedeas bond that is required of all appellants collectively shall not exceed one hundred twenty-five million dollars ($125,000,000), regardless of the amount of the judgment.

(b) Notwithstanding subsection (a), if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may require the appellant to post a supersedeas bond in an amount up to the total amount of the judgment.

(c) This section shall apply to all actions pending or filed on or before February 24, 2006, and to all actions filed after February 24, 2006.
Ala. Code § 6-6-562 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-562
Section 6-6-562 Appointment of Guardians Ad Litem
Status: in_force

On the filing of a complaint as authorized under Section 6-6-560, should it appear that any of the defendants are infants or persons of unsound mind or should the identity of some, or all, of said defendants be unknown, the court shall forthwith appoint a guardian ad litem to represent and defend the interest of such infant, incompetent or unknown parties in the proceeding.
Ala. Code § 6-5-150 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-150
Section 6-5-150 Grant and Effect of Permanent Injunction
Status: in_force

If upon the final hearing the allegations are sustained to the satisfaction of the court or judge, the court or judge shall enter a judgment restraining the defendants and all other persons from continuing the nuisance. When any injunction has been granted, it shall be binding on the defendants throughout the county. Any violation thereof shall be contempt of court and punished as provided in Section 6-5-154.
Ala. Code § 6-6-4 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-4
Section 6-6-4 Arbitrators - Duties Generally
Status: in_force

It is the duty of the arbitrators to appoint a time and place for hearing the parties and making their award, of which they must give the parties three days’ notice; and if no cause is shown for a continuance, they must proceed to hear and determine the matters referred to them and make their award in writing, which must be signed by them and a copy thereof be delivered to each of the parties, their agents, or attorneys and the fact and date of such delivery endorsed on the original.
Ala. Code § 6-11-30 — Alabama Code / Title 6 / Chapter 11 / Section 6-11-30
Section 6-11-30 Effective Date
Status: in_force

This article shall not affect the rights of any person if such rights accrued prior to June 11, 1987.
Ala. Code § 6-10-80 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-80
Section 6-10-80 Appraisers - Issuance of Commission
Status: in_force

When a decedent, who was at the time of his or her death a resident of this state, leaves surviving him a spouse and minor child or children, or either, who are bona fide residents of this state, the probate court, at the time of appointing appraisers of the estate, shall issue a commission to them, stating the names of the surviving spouse and minor child or children, or either, as the case may be, and the nature and extent of the personal property exempt in their favor, and directing the appraisers to set apart the same.
Ala. Code § 6-9-1 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-1
Section 6-9-1 Executions on Judgments; Forms Thereof
Status: in_force

The party in whose favor a judgment is entered, whether for debt, damages, or costs, for the satisfaction thereof, may, within 10 years thereafter, have a writ of execution against the lands and goods of the party against whom such judgment is entered. When the judgment is for specific property or the alternate value, or for the possession of lands, appropriate writs of execution may issue for the satisfaction thereof. Such writs of execution must substantially conform to the following forms:

(Form of Writ of Execution)

The State of Alabama,

_______ County.

To any Sheriff of the State of Alabama:

You are hereby commanded that of the goods and chattels, lands, and tenements of _____, you cause to be made the sum of _____ dollars, which _____ recovered of him on the _____ day of _____, 2__, by the judgment of the circuit (or district) court, held for the County of _____, besides _____ dollars, costs of the action; and have the same to render to the said _____; and make return of this writ and the execution thereof according to law.

Witness my hand, this _____ day of _____, 2__.

(Form of Writ of Possession and Execution)

The State of Alabama,

_______ County.

To any Sheriff of the State of Alabama:

You are hereby commanded to deliver to _____, possession of the lands and tenements which the said _____ recovered of _____ by the judgment of our circuit (or district) court, held for the County of _____ on the _____ day of _____, 2__, viz.: (Describe the land recovered). You are further commanded of the goods and chattels, lands, and tenements of the said _____, you cause to be made the sum of _____ dollars damages adjudged to the said _____, and also the further sum of _____ dollars, costs of the action; and make return of this writ and the execution thereof according to law.

Witness my hand, this _____ day of _____, 2__.

The State of Alabama,

_______ County.

To any Sheriff of the State of Alabama:

You are hereby commanded to seize and deliver to _____ the following personal property, viz.: (Describe the property recovered), which the said _____, on the _____ day of _____, 2__, by judgment of our circuit (or district) court, held for the County of _____, recovered of _____, if the same can be had; if not, you are hereby commanded that of the goods and chattels, land, and tenements of the said _____, you cause to be made the sum of _____ dollars, the alternate value of the personal property, viz.: (Set out the assessed value of each item of personal property). Also the further sum of _____ dollars for the detention of said property by the said _____, besides _____ dollars, costs of the action; and make return of this writ and the execution thereof according to law.

Witness my hand, this _____ day of _____, 2__.
Ala. Code § 6-5-280 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-280
Section 6-5-280 Breach of Contract - Limitation on Actions
Status: in_force

If a contract is entire, only one action can be commenced for breach thereof; but if it is severable or if the breaches occur at successive periods in an entire contract, as where money is to be paid by installments, an action will lie for each breach; provided, that all the breaches occurring up to the commencement of the action must be included therein.
Ala. Code § 6-6-315 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-315
Section 6-6-315 Uninterrupted Occupation for Three Years Bars Action
Status: in_force

The uninterrupted occupation of the premises in controversy by the defendant for the space of three entire years preceding the filing of the complaint is, if the estate of the defendant is not determined, a bar to any proceeding under this article.
Ala. Code § 6-6-77 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-77
Section 6-6-77 Sale of Property Levied on Where Perishable or Expensive to Keep
Status: in_force

(a) If the property levied on is perishable or if the expense of keeping is great, it must be sold by order of the court, on motion of either party, and the proceeds of sale retained by the sheriff to await the decision of the case, unless the court otherwise directs.

(b) If the property levied on is of so perishable a nature that it will deteriorate greatly in value or be destroyed before the meeting of the court or if the charge of keeping it is very great, it is the duty of the sheriff, if not replevied, to sell it at public auction, returning a statement of the facts and the money to the court.
Ala. Code § 6-5-605 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-605
Section 6-5-605 Application of Terms “Utilities” and “Public Utility”
Status: in_force

For purposes of this article and for purposes of Sections 40-8-1 and 40-21-50 as amended, the terms “utilities” and “public utility,” as applied to telecommunications, “telephone company,” and “telephone business” mean the provisioning of local exchange services.
Ala. Code § 6-6-451 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-451
Section 6-6-451 Answers on Behalf of Corporations
Status: in_force

No person shall answer on behalf of any corporation any process of garnishment unless he shall make affidavit that he is the duly authorized agent of the corporation to make such answer and that he has knowledge of the facts stated therein.
Ala. Code § 6-3-22 — Alabama Code / Title 6 / Chapter 3 / Section 6-3-22
Section 6-3-22 Certification and Delivery of Docket Sheet and Other Papers Upon Change or Transfer; Notice of Change or Transfer; Time for Answer
Status: in_force

When a change or transfer of venue has been ordered pursuant to Section 6-3-20 or Section 6-3-21, the clerk of the court shall make a copy of the docket sheet in the action and shall certify under the seal of the court that the same is a true copy. The clerk shall envelope and securely seal the copy of the docket sheet, together with the orders, pleadings, motions, or other papers in the action, shall write his name across the seal and shall certify on the back of the envelope that the enclosed papers, numbered from 1 - __, include all the orders, pleadings, motions, or other papers in the action, naming it; and such signatures and certificates must be received as true until the contrary is shown. The clerk may deliver this package in person or send it by registered or certified mail, return receipt requested, to the clerk of the court to which such action has been changed or transferred, and, if not mutilated or defaced, it must be presumed to be as it came from the hands of the clerk of the court from which the action is changed or transferred. The clerk of the court to which such action has been changed or transferred shall cause notice of such change or transfer to be served on all parties of record as provided in the Alabama Rules of Civil Procedure. The time for answer by any defending party shall be governed by and shall be computed in accordance with the Alabama Rules of Civil Procedure; except, that said time period shall commence to run from the service of notice of change or transfer.
Ala. Code § 6-5-144 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-144
Section 6-5-144 Bond for Preliminary Injunction or Temporary Restraining Order Prior to Hearing
Status: in_force

No preliminary injunction or temporary restraining order shall be issued before hearing in any action commenced by a citizen or citizens under the provisions of this division unless such citizen or citizens have made bond in such sum as may be fixed by the judge to whom the application for such injunction or restraining order is made, such bond to be approved by the register or clerk of the circuit court of the county in which the proceeding is filed and to be payable and conditioned as provided by the Alabama Rules of Civil Procedure.
Ala. Code § 6-10-29 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-29
Section 6-10-29 Contest of Exemption Claim - Filing of Inventory by Defendant; Effect of Failure to File
Status: in_force

On any contest of a claim of exemption to personal property, on the plaintiff’s written demand, made at any time, the defendant claiming the exemption shall, within 10 days, file a full and complete inventory, duly verified by oath, of all his or her personal property, except the wearing apparel, portraits, pictures, and books specifically exempted from levy and sale, with the value and location of each item of such property, of all money belonging to him or her, whether in his or her possession or held by others for him or her, and of all debts and choses in action belonging to him or her or in which he or she is beneficially interested, with the value of each of them. If such inventory is not filed within the time prescribed, the plaintiff shall not be required to tender an issue on the claim, but the court must enter judgment by default against the defendant, unless good and sufficient cause is shown to the contrary.
Ala. Code § 6-6-293 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-293
Section 6-6-293 Judgment - Rent of Premises After Judgment and Before Possession
Status: in_force

The plaintiff may have judgment against the defendant for the rent of the premises which accrues after judgment and before the delivery of possession by motion in the circuit court where the judgment was entered, on 10 days’ notice in writing, unless the judgment is stayed by appeal and bond, in which case the motion may be made after affirmance of the judgment.
Ala. Code § 6-5-484 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-484
Section 6-5-484 Degree of Care Owed to Patient
Status: in_force

(a) In performing professional services for a patient, a physician’s, surgeon’s, or dentist’s duty to the patient shall be to exercise such reasonable care, diligence, and skill as physicians, surgeons, and dentists in the same general neighborhood, and in the same general line of practice, ordinarily have and exercise in a like case. In the case of a hospital rendering services to a patient, the hospital must use that degree of care, skill, and diligence used by hospitals generally in the community.

(b) Neither a physician, a surgeon, a dentist nor a hospital shall be considered an insurer of the successful issue of treatment or service.
Ala. Code § 6-10-85 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-85
Section 6-10-85 How Exemption in Lieu of Homestead Claimed and Set Apart
Status: in_force

When an exemption of real estate in lieu of homestead is claimed under Section 6-10-61, a petition in writing, duly verified by oath, must be filed by, or on behalf of, the surviving spouse and minor child or children, or either, as the case may be, in the probate court having jurisdiction of the administration of the estate, setting forth the facts authorizing such exemption, describing the real estate out of which the exemption is claimed and stating its value. Thereupon the court shall appoint three commissioners who shall set off and allot the same by metes and bounds; and, within 10 days thereafter, they shall make a written report to the court of the exemption set off and allotted by them.
Ala. Code § 6-5-218 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-218
Section 6-5-218 Rule of Prescription Regarding Damages Arising Out of Improvements to Real Property
Status: in_force

(a) No action in tort, contract, or otherwise shall be commenced against any person performing or furnishing the design, planning, supervision, or observation of construction or the construction of an improvement to real property more than seven years after the substantial completion of such improvement for the recovery of damages for:

(1) Any deficiency in the design, planning, supervision, or observation of construction or construction of such an improvement; or

(2) Injury to real or personal property caused by any such deficiency; or

(3) Injury to or wrongful death of a person caused by any such deficiency.

(b) The prohibition provided in this section shall apply to any action commenced against a person for his own act, or failure to act, or for the act, or failure to act, of his employees; likewise, the prohibition contained in this section shall extend to every demand, whether commenced by direct action or for contribution or indemnity or by third-party practice and whether commenced by an owner of the subject improvement or by any other person.

(c) Where an action for damage for wrongful death or injury to a person or damages to property, caused by any deficiency in an improvement to real property, is commenced against a person in actual possession or control as owner, tenant, or otherwise of such improvement, the prohibition prescribed by this section shall not be a defense for such person.

(d) This section shall not be construed to extend any applicable statute of limitations or time for commencing civil actions against any person performing or furnishing the design, planning, supervision, or observation of construction or the construction of an improvement to real property.

(e) As used in this section, the word “person” shall mean an individual, partnership, corporation, association, or any other legal entity.
Ala. Code § 6-6-600 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-600
Section 6-6-600 Judgment - Excluding Defendant from Office or Franchise or Prohibiting Practice of Profession
Status: in_force

When a defendant, whether a natural person or a corporation, against whom such action has been commenced, is adjudged guilty of usurping or intruding into, or unlawfully holding or exercising, any office or franchise or unlawfully practicing any profession, judgment must be entered that such defendant be excluded from the office or franchise or be prohibited from practicing such profession and that the plaintiff recover costs against such defendant. Execution shall be issued on such judgment at the expiration of five days from the date thereof, unless the defendant shall, within such time, take an appeal to the supreme court. Any violation of any such order shall be a contempt of court.
Ala. Code § 6-9-196 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-196
Section 6-9-196 Transfer of Judgment; Right of Assignee Thereof to Have Execution; Action or Reviver Thereon
Status: in_force

(a) When the transfer is made by any agent or attorney, the authority of the agent or the power of attorney shall be in writing duly acknowledged and recorded in the office of the probate judge and referred to in such transfer by noting the book and page where recorded. After such transfer, the original plaintiff shall have no further authority or control over such judgment.

(b) If an assignment of a judgment is made or endorsed on the execution docket or on the margin of the record of the judgment and is attested by the clerk, register or judge of probate, the assignee may have execution thereon in the name of the plaintiff for the use of the assignee, whether the plaintiff is living or dead.

(c) In all cases where a transfer of a judgment of a court in this state is made or endorsed on the execution docket or on the margin of the record of the judgment in the court where entered or in the office of the probate judge where a certificate of the judgment is recorded and which transfer is attested by the clerk, register or judge of probate, the assignee of such judgment in addition to the rights conferred upon him by subsection (b) of this section may maintain any action thereon or proceeding to revive in his own name that the plaintiff in said judgment could maintain if such transfer had not been made, whether the plaintiff is living or dead.

(d) The assignee of a judgment, if the assignment is in writing, may have the same revived in his name by appropriate action or motion under the Alabama Rules of Civil Procedure.
Ala. Code § 6-6-481 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-481
Section 6-6-481 Who May Be Garnished; How Effected
Status: in_force

(a) Money due officials or employees of a city, county, or state government, or any department or institution thereof, as salary for services performed for or on behalf of said city, county, or state, or any department or institution thereof, may be garnished.

(b) In such cases, the writ of garnishment may be served on the person authorized by law to draw the warrant on the treasury of said government or to issue a check for such salary so due, and such person shall be required to answer said writ in accordance with the mandate thereof and as provided by law.
Ala. Code § 6-11-58 — Alabama Code / Title 6 / Chapter 11 / Section 6-11-58
Section 6-11-58 Relation to Workers’ Compensation Provisions
Status: in_force

Nothing in this article shall be construed to apply to any settlement under the Alabama Workers’ Compensation Law.
Ala. Code § 6-5-104 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-104
Section 6-5-104 Deceit - Fraudulent Deceit
Status: in_force

(a) One who willfully deceives another with intent to induce him to alter his position to his injury or risk is liable for any damage which he thereby suffers.

(b) A deceit within the meaning of this section is either:

(1) The suggestion as a fact of that which is not true by one who does not believe it to be true;

(2) The assertion as a fact of that which is not true by one who has no reasonable ground for believing it to be true;

(3) The suppression of a fact by one who is bound to disclose it or who gives information of other facts which are likely to mislead for want of communication of that fact; or

(4) A promise made without any intention of performing it.
Ala. Code § 6-10-4 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-4
Section 6-10-4 Homestead Exemption - Liens Not Affected
Status: in_force

The provisions of this article shall not, however, be so construed as to prevent any lien attaching to the homestead in favor of any laborer, merchant, or materialman for work and labor done or for materials furnished, or in favor of any vendor for unpaid purchase money or so as to affect any deed, mortgage, or lien on such homestead, lawfully executed or created.
Ala. Code § 6-6-394 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-394
Section 6-6-394 Notice to Defendant
Status: in_force

When the defendant resides within the state and the garnishment is issued on a judgment or in a pending action in which an appearance has not been entered for the defendant, the officer issuing the garnishment must issue notice thereof to the defendant, which notice must be served on him at least five days before judgment against the garnishee.
Ala. Code § 6-10-121 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-121
Section 6-10-121 How Made - Personalty
Status: in_force

As to personal property, the waiver may be made by a separate instrument in writing, subscribed by the party making the same, or it may be included in any bond, bill of exchange, promissory note, or other written contract executed by him or her.
Ala. Code § 6-6-520 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-520
Section 6-6-520 Complaint to Preserve Estate of Intemperate from Waste and for General Relief
Status: in_force

(a) When any person over 19 years of age or any person under 19 years of age who has been relieved of the disabilities of nonage is, by reason of intemperance, unfit to manage his estate, or is wasting or squandering it and thereby in danger of being reduced to poverty and want, his wife or her husband, brother or sister, father or mother, next of kin, or any or either of them may, themselves or by their next friend, if minors, file their complaint to preserve the estate of such intemperate person from further waste and for general relief.

(b) The complaint provided for in subsection (a) of this section must specify the cause for which relief is requested and the estate proposed to be secured, and such person of intemperate habits must be made a party defendant thereto.
Ala. Code § 6-8-41 — Alabama Code / Title 6 / Chapter 8 / Section 6-8-41
Section 6-8-41 Hours of Sale
Status: in_force

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 by 4:00 P.M., the same may continue until 5:00 P.M.
Ala. Code § 6-5-694 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-694
Section 6-5-694 Discovery
Status: in_force

(a) In an asbestos action, there shall be a rebuttable presumption that trust claim materials and trust governance documents are relevant, authentic, and admissible in evidence. A claim of privilege does not apply to trust claim materials or trust governance documents.

(b) A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release the information and materials sought by the defendant.
Ala. Code § 6-6-337 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-337
Section 6-6-337 Proceedings Upon Determination for Either Plaintiff or Defendant
Status: in_force

(a) If the judge determines in favor of the plaintiff, he must record the decision and enter judgment with costs, upon which he must issue a writ of execution commanding the sheriff or the constable to restore the plaintiff to possession or place him in possession of his lands and tenements according to complaint and to levy on and sell a sufficiency of the defendant’s goods and chattels, lands and tenements to satisfy the costs of the proceedings. Successive writs may issue at any time when necessary to eject defendant or collect costs and damages, and a defendant who refuses to obey the mandate of the writ as to the possession of the property or who enters upon the premises without just cause or legal excuse after being ejected shall be guilty of resisting an officer and contempt of court and shall be punished and fined accordingly, in the discretion of the court issuing the process.

(b) If the judge determines in favor of the defendant, judgment must be entered in his favor for the costs, upon which an execution may issue as in other cases.
Ala. Code § 6-7-30 — Alabama Code / Title 6 / Chapter 7 / Section 6-7-30
Section 6-7-30 Proceedings When Defendant Involved in Bankruptcy
Status: in_force

In any civil action in any court in this state in which the defendant has been adjudicated a bankrupt, in which a defendant has filed a petition in bankruptcy or against whom a petition in bankruptcy has been filed, it shall be the duty of the court in which such civil action is pending to proceed with the trial of such action, if leave to do so is granted by the bankruptcy court, and to enter judgment in accordance with the law and the evidence in the case. The court in which such civil action is pending shall also have authority, and it shall be its duty, to grant such stay of execution against such defendant as may be appropriate or as may be provided for in the order of the bankruptcy court, or to embody in the judgment entered in such case such provision as may be appropriate, or as may be provided in the order of said bankruptcy court, so as to limit the manner of enforcement of said judgment, or so as to limit the property from which such judgment may be collected or so as to limit the right of the plaintiff to the right to collect said judgment from others or another who may be liable or responsible for such judgment by virtue of a contract or arrangement or relationship with the said defendant.
Ala. Code § 6-6-10 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-10
Section 6-6-10 Fees and Charges - Arbitrators, Witnesses, Sheriffs and Constables; How Paid
Status: in_force

The arbitrators are, if demanded by them, entitled each to $2 per day while actually engaged in the arbitration, the witnesses to $1 per day each and the sheriff or constable to the customary fees for executing subpoenas, all of which must be paid jointly by the parties unless the arbitrators otherwise determine.
Ala. Code § 6-9-88 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-88
Section 6-9-88 Sale of Levied Property - Perishable Goods and Chattels - Generally
Status: in_force

When goods and chattels are levied on which in their nature are perishable and in danger of immediate waste or decay, the officer levying shall sell them at such time, on such notice and at such place as a sound discretion may warrant, being liable for an abuse of his discretion to any party injured.
Ala. Code § 6-5-370 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-370
Section 6-5-370 Civil Action Without Criminal Prosecution
Status: in_force

For any injury, either to person or property, amounting to a felony, a civil action may be commenced by the party injured without prosecution of the offender.
Ala. Code § 6-5-681 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-681
Section 6-5-681 Applicability of Limitations
Status: in_force

(a) The limitations in Section 6-5-682 apply to a corporation that is a successor and became a successor before January 1, 1972, or is any of that successor corporation’s successors.

(b) The limitations in Section 6-5-682 do not apply to:

(1) Workers’ compensation benefits paid by or on behalf of an employer to an employee under the laws of this state or a comparable workers’ compensation law of another jurisdiction.

(2) Any claim against a corporation that does not constitute a successor asbestos-related liability.

(3) An insurer, as defined in Section 27-1-2.

(4) Any obligations under the National Labor Relations Act, as amended, or under any collective bargaining agreement.

(5) A successor that, after a merger or consolidation, continued in the business of mining asbestos; in the business of selling or distributing asbestos fibers; or in the business of manufacturing, distributing, removing, or installing asbestos-containing products that were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.
Ala. Code § 6-6-791 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-791
Section 6-6-791 Powers and Duties of Receiver
Status: in_force

(a) Except as limited by court order or the law of this state other than this article, a receiver may do any of the following:

(1) Collect, control, manage, conserve, and protect receivership property.

(2) Operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, collection, or disposition of the property in the ordinary course of business.

(3) In the ordinary course of business, incur unsecured debt and pay expenses incidental to the receiver’s preservation, use, sale, lease, license, exchange, collection, or disposition of receivership property.

(4) Assert a right, claim, cause of action, or defense of the owner which relates to receivership property.

(5) Seek and obtain instruction from the court concerning receivership property, exercise of the receiver’s powers, and performance of the receiver’s duties.

(6) Upon subpoena, compel a person to submit to examination under oath, or to produce and permit inspection and copying of designated records or tangible things, with respect to receivership property or any other matter that may affect administration of the receivership.

(7) Engage a professional as provided in Section 6-6-794.

(8) Apply to a court of another state for appointment as ancillary receiver with respect to receivership property located in that state.

(9) Exercise any power conferred by court order, this article, or the laws of this state other than this article.

(b) With court approval, a receiver may do any of the following:

(1) Incur debt for the use or benefit of receivership property other than in the ordinary course of business.

(2) Make improvements to receivership property.

(3) Use or transfer receivership property other than in the ordinary course of business as provided in Section 6-6-795.

(4) Adopt or reject an executory contract of the owner as provided in Section 6-6-796.

(5) Pay compensation to the receiver as provided in Section 6-6-800, and to each professional engaged by the receiver as provided in Section 6-6-794.

(6) Recommend allowance or disallowance of a claim of a creditor as provided in Section 6-6-799.

(7) Make a distribution of receivership property as provided in Section 6-6-799.

(c) A receiver shall do all of the following:

(1) Prepare and retain appropriate business records, including a record of each receipt, disbursement, and disposition of receivership property.

(2) Account for receivership property, including the proceeds of a sale, lease, license, exchange, collection, or other disposition of the property.

(3) File with the appropriate probate court for recording a copy of the order appointing the receiver and, if a legal description of the real property is not included in the order, the legal description.

(4) Disclose to the court any fact arising during the receivership which would disqualify the receiver under Section 6-6-786.

(5) Perform any duty imposed by court order, this article, or law of this state other than this article.

(d) The powers and duties of a receiver may be expanded, modified, or limited by court order.
Ala. Code § 6-9-255 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-255
Section 6-9-255 Action Seeking Recognition of Foreign-Country Judgment
Status: in_force

(a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.

(b) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.

(c) The party seeking recognition is required to provide the court with a certified copy of the judgment, and if not in English, an English translation which complies with the requirements of Alabama law.
Ala. Code § 6-2-3 — Alabama Code / Title 6 / Chapter 2 / Section 6-2-3
Section 6-2-3 Accrual of Claim - Fraud
Status: in_force

In actions seeking relief on the ground of fraud where the statute has created a bar, the claim must not be considered as having accrued until the discovery by the aggrieved party of the fact constituting the fraud, after which he must have two years within which to prosecute his action.
Ala. Code § 6-6-501 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-501
Section 6-6-501 Dissolution of Preliminary Injunction
Status: in_force

A motion to dissolve will lie to the granting of a preliminary injunction only for matters subsequently occurring.
Ala. Code § 6-7-1 — Alabama Code / Title 6 / Chapter 7 / Section 6-7-1
Section 6-7-1 Prosecution or Defense of Actions in Name of Husband or Father
Status: in_force

When a husband or father has deserted his family, is confined in a hospital operated by the Alabama Mental Health Department, not having been declared of unsound mind, or is imprisoned for a term of two years or more under a conviction for crime, the wife or mother may prosecute and defend in his name any action which he might have prosecuted or defended, and has the same powers and rights in reference to such action which he might have had.
Ala. Code § 6-6-82 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-82
Section 6-6-82 Notice of Levy - Resident Defendants
Status: in_force

Notice of the levy of the attachment shall be given in writing by the sheriff, or other person who makes such levy, to the defendant in person or notice thereof in writing left at his residence, if resident in the county and, if not resident in the county, but a resident of the state, then by posting up a written notice at the courthouse door and by sending a copy of the same by mail addressed to the defendant at the post office nearest his residence.
Ala. Code § 6-5-797 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-797
Section 6-5-797 Filing of Claims
Status: in_force

A health emergency claim under Section 6-5-792 or a claim under Section 6-5-793 or 6-5-794 must be filed not later than two years after the date of the damages, injury, or death.
Ala. Code § 6-8-100 — Alabama Code / Title 6 / Chapter 8 / Section 6-8-100
Section 6-8-100 Answer of Tender; Judgment Thereon
Status: in_force

An answer of tender of money or of a thing in action must be accompanied by a delivery of the money or such thing in action to the clerk of the court. If the tender is of ponderous articles or other personal property, the answer must aver a readiness to deliver it to the plaintiff. Judgment for the defendant upon the answer vests the title to the thing tendered in the plaintiff, subject to any claim the defendant may have for his trouble in keeping it.
Ala. Code § 6-7-50 — Alabama Code / Title 6 / Chapter 7 / Section 6-7-50
Section 6-7-50 Use of Nonconsenting Person’s Name by Another Plaintiff; Nonconsenting Person’s Right to Recovery
Status: in_force

If any person necessary to be joined as plaintiff in any action or proceeding shall, upon request, not consent to join therein, his name may, nevertheless, be used by the other party plaintiff, upon filing with the clerk of the court an obligation with good and sufficient sureties, to be approved by the judge or the clerk of the court in which the action or proceeding is to be commenced, shown by his endorsement of approval thereon, to protect, save harmless and indemnify the person whose name is so used from the payment of any costs, judgment or expenses in said action. If, however, the plaintiffs shall recover a judgment in such action or proceeding, the person so refusing to allow the use of his name shall not be entitled to receive any part thereof until he pays the expense incurred in giving the obligations, his equitable share of the costs and expenses of the litigation, including plaintiff’s attorney’s fees, and discharges the obligation.
Ala. Code § 6-10-81 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-81
Section 6-10-81 Appraisers - Duty to Set Apart Exempt Personal Property; Return of Report
Status: in_force

The appraisers, as early as practicable, shall set apart the exempt personal property, having regard, as far as consistent with their duties, to the selection made by the surviving spouse or the guardian of the minor child or children, if such selection is made; estimating it at its appraised value and permitting the surviving spouse or, if there is no surviving spouse or the surviving spouse fails to act, the guardian of the minor child or children to select the same. Within 10 days thereafter, the appraisers shall return with the inventory and appraisement a report of the property so set apart, showing each item thereof and its appraised value.
Ala. Code § 6-6-700 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-700
Section 6-6-700 Entry of Judgment Against Clerk, Register, or Their Sureties
Status: in_force

Judgment must, in like manner, be summarily entered against the clerk of the circuit court and his sureties, or either of them, and against the register in circuit court and his sureties, or either of them, on three days’ notice, in the following cases:

(1) In favor of the plaintiff in execution for failure to enter on the execution docket the return made upon an execution by the proper officer, within three days after the return is made, for 20 percent on the amount of the execution and interest thereon;

(2) For failing on demand to pay over money received by him on any judgment or paid into court, on a plea of tender, other plea, or by rule of court, for the sum so received by him with five percent per month on the amount from the time of the demand;

(3) For failing to notify the plaintiff, his agent, or attorney under the provisions of Section 6-9-92, which are made to apply to such clerk, of the collection of money upon judgments, for five percent per month on the amount collected, from the time when the notice should have been given, not to exceed $25 per month;

(4) For failing to issue execution as required by Section 6-9-23, within the time prescribed by law or at any time subsequent on the request of the party interested, his agent, or attorney or for failing to issue execution within five days on any bond returned forfeited and upon which execution may rightfully issue and upon any judgment remanded from the supreme court, for 20 percent on the amount of the judgment;

(5) In favor of the party entitled thereto for failing, on demand, to pay over money received by him under Rule 22, Alabama Rules of Civil Procedure, for the amount so paid and five percent damages thereon per month from the time of the demand;

(6) In favor of the state, in the circuit court held at the seat of government or of the county in which the clerk or any surety proceeded against resides, on 10 days’ notice, in the following cases:

a. For failing to issue execution for any forfeiture belonging to the state treasury within the time prescribed, for $200; and

b. For failure to pay into the State Treasury any fine, penalty, or forfeiture belonging thereto received by such clerk within one month after it was received by him, for the amount so received and 10 percent damages thereon; and

(7) In favor of the state, on three days’ notice, in the circuit court of the county of such clerk, for the neglect of the duty imposed by Section 12-17-96, for not less than $100 nor more than $500, at the discretion of the court.
Ala. Code § 6-10-11 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-11
Section 6-10-11 Exemptions in Federal Bankruptcy
Status: in_force

In cases instituted under the provisions of Title 11 of the United States Code entitled Bankruptcy, there shall be exempt from the property of the estate of an individual debtor only that property and income which is exempt under the laws of the State of Alabama and under federal laws other than Subsection (d) of Section 522 of Title 11 of the United States Code.
Ala. Code § 6-5-755 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-755
Section 6-5-755 Recovery; Contribution
Status: in_force

(a) In an action against a manufacturer and one or more other defendants, including other manufacturers, for death or injury to person or damage to property arising out of an accident, the right of the plaintiff to recover jointly and severally against such defendants found liable is preserved.

(b) Notwithstanding subsection (a), in an action arising out of such accident, if the respective or comparative responsibility of tortfeasors is an issue, then the jury shall return special verdicts, or in the absence of a jury the court shall make special findings, allocating the percentage of responsibility attributable to each defendant found to have proximately caused the accident.

(c) Responsibility for the accident may be allocated to a nonparty in an action under the procedure described in subsection (b) if each of the following requirements are satisfied:

(1) A defendant affirmatively pleads the responsibility of a nonparty as a proximate cause of the accident, and, absent a showing of good cause, identifies the nonparty, if known, or describes the nonparty as specifically as practicable, either by motion or responsive pleading when defenses are first presented or in accordance with the Alabama Rules of Civil Procedure governing supplemental and amended pleadings.

(2) The defendant proves at trial, by a preponderance of the evidence, that the act or failure to act of the nonparty was a proximate cause of the accident in whole or in part.

(d) Regarding a party or nonparty joint tortfeasor or tortfeasors who has not settled with the plaintiff and whose comparative responsibility for the accident has been determined under the procedure described in subsection (b) or subsection (c), a defendant found liable and who has paid the plaintiff an amount in excess of defendant’s percentage of comparative responsibility shall be entitled to recover contribution in such excess amount from the joint tortfeasor or tortfeasors according to the percentage of its responsibility so determined. In such a circumstance, contribution among joint tortfeasors is allowed.

(e) Regarding any joint tortfeasor, whether a party or nonparty in the action, who has settled with the plaintiff, a defendant is entitled to elect either informing the trier of fact of the terms of the pro tanto settlement and admitting such settlement into evidence, or choosing a post-judgment setoff by the trial court of the amount of such settlement against the amount of the judgment in the manner permitted by Alabama law.

(f) This section does not apply to contract actions, nor does it limit or abridge the contractual rights of a party.
Ala. Code § 6-6-161 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-161
Section 6-6-161 Return of Writ, Bond and Affidavit; Issue Made Up; Burden of Proof
Status: in_force

The officer making the levy must, except as otherwise provided in Sections 6-6-165 and 6-6-166, return the writ, affidavit and bond to court to which it is returnable, when an issue must be made up between the plaintiff in the writ and the claimant, in which the former must allege that the property claimed is the property of the defendant in the writ and is liable to its satisfaction. On the trial of such issue, the burden of proof is on the plaintiff.
Ala. Code § 6-6-563 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-563
Section 6-6-563 Service of Process
Status: in_force

If any of the parties set out in Section 6-6-562, whose names are known, reside in the State of Alabama, a copy of the complaint must be served upon them, in the same manner that process is served on defendants in civil actions. If any of the aforementioned parties reside out of the state and addresses are known, a summons, together with a copy of said complaint, shall be sent by the register or clerk of the court in which the proceeding is pending to such parties by registered or certified mail, postage prepaid, marked “For Delivery to Addressee Only,” and return receipt demanded, addressed to the register or clerk of the court in which the proceeding is pending. The publication notice provided in Section 6-6-564 shall in all respects serve as notice to unknown parties whose whereabouts are not known and parties who conceal themselves so that the process cannot be served on them, and no other advertising or other form of notice shall be required as to such parties. However, the register or clerk shall take the same form of affidavit as to such parties as is required under the Alabama Rules of Civil Procedure.
Ala. Code § 6-3-21 — Alabama Code / Title 6 / Chapter 3 / Section 6-3-21
Section 6-3-21 Transfer of Venue
Status: in_force

A defendant in a civil action may move for a transfer of venue as provided in the Alabama Rules of Civil Procedure.
Ala. Code § 6-6-721 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-721
Section 6-6-721 Forfeiture of Half of Compensation by Tax Collector, Tax Assessor, or Probate Judge for Failure to Discharge Duties
Status: in_force

Any tax collector, tax assessor, or judge of probate who knowingly and willfully neglects to discharge any of his duties as required in the revenue law shall forfeit one half of his compensation under that law for the use of the county, which may be recovered on motion in the circuit court of the county on 10 days’ notice. It shall be the duty of the district attorney to make such motion, but any other person may make it.
Ala. Code § 6-5-700 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-700
Section 6-5-700 Definitions
Status: in_force

For the purposes of this article, the following terms have the following meanings:

(1) AWARDING AUTHORITY. If the contractor enters into a contract to construct, repair, or maintain a highway, road, bridge, or street, then the awarding authority shall be any of the following, as applicable:

a. The Alabama Department of Transportation or the state.

b. The county governing body for the county where the project is bid and let to contract by the county commission.

c. The municipal governing body for the municipality where the project is bid and let to contract by the municipal governing body.

d. Any other governmental entity, board, commission, agency, body, authority, instrumentality, department, subdivision of the state, or public two-year or four-year institution of higher education, if the contractor enters into a contract with the entity to perform a project. This term does not include the Alabama State Port Authority and any entity exempted from the competitive bid laws of the state by statute.

(2) CONCLUSION OF PROJECT. The earlier of the following:

a. The date that the awarding authority notifies the contractor, in writing, that the awarding authority has assumed maintenance responsibilities for the project.

b. The date following the expiration of 45 days after the contractor provides, by certified mail return receipt requested, notice of presumptive conclusion of the project to the awarding authority and the awarding authority fails to respond.

c. The date following the expiration of 90 days after the contractor has completed the advertising requirements of Title 39 and the awarding authority has made the final payment to the contractor.

(3) CONTRACTOR. Any individual, corporation, limited liability company, partnership, or other legal entity, or any combination thereof, and any subcontractor, director, officer, or employee of the individual or legal entity, that contracts with an awarding authority to perform a project.

(4) DANGEROUS CONDITION. A condition that is not reasonably safe for the intended use of the roadway and is capable of causing an individual physical injury or death under the anticipated use of the roadway.

(5) LATENT DEFECT. A defect or omission resulting from the work conducted or materials provided by the contractor under the contract which was not discoverable, visible, or apparent.

(6) PROJECT. The construction, repair, or maintenance by a contractor of a section of highway, road, bridge, or street together with all appurtenances, as specified in a contract with an awarding authority.

(7) SPECIFICATIONS. Specifications, plans, traffic control requirements, communication requirements, drawings, bid documents, or any other written or electronically stored requirements and details the contractor agrees to perform.
Ala. Code § 6-5-287 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-287
Section 6-5-287 Impeachment of or Inquiry into Consideration of Sealed Instruments
Status: in_force

A defendant may, by affirmative defense, impeach or inquire into the consideration of a sealed instrument in the same manner as if it had not been sealed.
Ala. Code § 6-2-10 — Alabama Code / Title 6 / Chapter 2 / Section 6-2-10
Section 6-2-10 Computation of Time - Absence of Person from State
Status: in_force

When any person is absent from the state during the period within which an action might have been commenced against him, the time of such absence must not be computed as a portion of the time necessary to create a bar under this chapter.
Ala. Code § 6-6-289 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-289
Section 6-6-289 Liability - Person Holding Possession Under Color of Title
Status: in_force

Persons holding possession under color of title, in good faith, are not responsible for damages or rent for more than one year before the commencement of the action.
Ala. Code § 6-11-54 — Alabama Code / Title 6 / Chapter 11 / Section 6-11-54
Section 6-11-54 Effects of Transfer of Rights
Status: in_force

(a) Following a transfer of structured settlement payment rights under this article:

(1) The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments.

(2) The transferee shall be liable to the structured settlement obligor and the annuity issuer in the following cases:

a. If the transfer contravenes the terms of the structured settlement, for any federal or state income taxes, interest, fees, and penalties incurred by the parties, including the annuity issuer and structured settlement obligor, as a consequence of the transfer.

b. For any other liabilities or costs, including reasonable costs and attorneys’ fees, arising from compliance by the parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee’s failure to comply with this article.

(b) Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees.

(c) Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this article.
Ala. Code § 6-6-463 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-463
Section 6-6-463 Disposition of Claims of Other Persons Suggested by Garnishee
Status: in_force

(a) When the garnishee, by his answer as originally filed or by any supplemental answer thereafter, alleges, at any time before final judgment against him, that he has been notified that another person claims title to, or an interest in, the debt, demand, money, or effects which, by his answer, he has admitted to be due or owing or to be in his possession, the clerk must issue notice to the suggested claimant to appear within 30 days after service of the notice and propound his claim and contest with the plaintiff the right to such debt, demand, money or effects.

(b) If he appears, he must be required to propound his claim in writing and make oath thereto, upon which the plaintiff must take issue in law or in fact, and the issue in fact must be tried by a jury, if required by either party. If the issue is found for the plaintiff, judgment must be entered against the garnishee on his answer or, if for the contestant, the garnishee must be discharged.

(c) If the contestant is a nonresident, the contest must be stayed 60 days and the same proceedings had as in the case of a nonresident defendant.

(d) If two notices to the resident contestant be returned “not found,” a judgment must be entered against the garnishee on his answer.

(e) The interposition of these collateral issues does not affect the jurisdiction of the court obtained by levy of the attachment or service of garnishment.

(f) Upon the trial of these collateral issues, either party may appeal any question, and judgment for costs must be entered against the unsuccessful party.
Ala. Code § 6-5-124 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-124
Section 6-5-124 Right of Action for Private Nuisance
Status: in_force

A private nuisance may injure either the person or property, or both, and in either case a right of action accrues.
Ala. Code § 6-5-257 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-257
Section 6-5-257 Applicability
Status: in_force

This article applies only to mortgages foreclosed after January 1, 1989.
Ala. Code § 6-5-461 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-461
Section 6-5-461 Abatement - Actions by Informers
Status: in_force

In claims upon which an action has been filed by informers, unless otherwise specifically provided by law, the first filed shall have precedence, and all others shall abate.
Ala. Code § 6-4-4 — Alabama Code / Title 6 / Chapter 4 / Section 6-4-4
Section 6-4-4 Commencement of Action on Sunday
Status: in_force

Whenever the plaintiff shall make an affidavit that he is informed and believes that the defendant is about to abscond or to remove out of the state, or is about to secrete himself so that service cannot be had upon him on the following day, he shall be allowed to file his complaint in any of the courts of this state on Sunday. Upon the filing thereof, a summons shall immediately issue and be served by the sheriff upon the defendant on the same day of its issuance, and if he cannot be found on that day, then it shall be served as any other summons and complaint.
Ala. Code § 6-5-70 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-70
Section 6-5-70 Furnishing Liquor to Minors
Status: in_force

Either parent of a minor, guardian, or a person standing in loco parentis to the minor having neither father nor mother shall have a right of action against any person who unlawfully sells or furnishes spirituous liquors to such minor and may recover such damages as the jury may assess, provided the person selling or furnishing liquor to the minor had knowledge of or was chargeable with notice or knowledge of such minority. Only one action may be commenced for each offense under this section.
Ala. Code § 6-6-567 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-567
Section 6-6-567 Interest or Title to Be Shown by Legal Evidence
Status: in_force

The allegations of the complaint shall not be taken as confessed for the failure of any person to answer the complaint, and in all cases, the interest or title sought to be established in or to the lands must be shown by legal evidence.
Ala. Code § 6-6-14 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-14
Section 6-6-14 Award - Conclusive Between Parties and Final; Exceptions
Status: in_force

An award made substantially in compliance with the provisions of this division is conclusive between the parties thereto and their privies as to the matter submitted and cannot be inquired into or impeached for want of form or for irregularity if the award determines the matter or controversy submitted, and such award is final, unless the arbitrators are guilty of fraud, partiality, or corruption in making it.
Ala. Code § 6-6-640 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-640
Section 6-6-640 Commencement by Petition; Answer Thereto; Amendments; Relief Upon Issues Presented
Status: in_force

(a) All applications for mandamus, prohibition, certiorari, or other remedial writ of a supervisory nature shall be commenced by a petition, verified by affidavit, in which the facts shall be stated as briefly and succinctly as the case will admit of, and any defendant may answer as to all such matters as may be necessary to his defense; any of the pleadings in such proceedings may be amended as often as occasion may require to attain the ends of justice and by striking out parties and adding new parties; and upon the issues thus presented, the court shall award the relief, if any, to which the petitioner is entitled.

(b) In any such proceeding, the answer shall not be conclusive, but the truth or sufficiency thereof may be put in issue and controverted.
Ala. Code § 6-6-593 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-593
Section 6-6-593 Court Always Open; Return of Summons; Setting of Case for Trial; Trial by Court or Jury
Status: in_force

(a) The court is at all times open for the trial of a case or the granting of orders therein. The summons shall be returnable 10 days from the date of issuance, and if five days’ service is not had before such return day, the summons is returnable to the first day after the expiration of five days after such service. If such return day shall be a day of any regular or special session of the court, the case stands for trial on the next day after the return day, unless good cause shall be shown for further delay; but if such return day does not fall within a regular or special session, the judge must fix a day for the hearing, of which the clerk must notify the parties or their attorneys; and on such day the case may be tried or, for good cause shown or by consent of parties and the approval of the court, may be continued to another day.

(b) The case specified in this section must be tried by the court without a jury unless a jury is demanded in writing either by the informant at the time of filing the information or by the defendant at the time of filing the answer, but by the consent of both parties a trial by jury may be had where previously waived or may be waived where previously demanded by either party. If need be, the court or judge may order the sheriff to summon the requisite number of persons to serve as jurors.
Ala. Code § 6-6-395 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-395
Section 6-6-395 Revival of Proceedings When Garnishee or Contestant Dies
Status: in_force

If the garnishee dies after he has been summoned as garnishee and pending the litigation, the proceedings may be revived against his legal representatives. Such proceedings may also be revived against the legal representatives of a contestant who dies, after notice to appear and contest with the plaintiff.
Ala. Code § 6-6-350 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-350
Section 6-6-350 To Circuit Court from District Court
Status: in_force

Any party may appeal from a judgment entered against him or her by a district court to the circuit court at any time within seven days after the entry thereof, and appeal and the proceedings thereon shall in all respects, except as provided in this article, be governed by this code relating to appeal from district courts. However, the clerk of the court shall schedule the action for trial as a preferred case, and it shall be set for trial within 60 days from the date of appeal.
Ala. Code § 6-5-263 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-263
Section 6-5-263 Trespass - Bailments
Status: in_force

In case of bailments where the possession is in the bailee, a trespass committed during the existence of the bailment will give a right of action to the bailee for the interference with his special property and a concurrent right of action to the bailor for the interference with his general property.
Ala. Code § 6-5-772 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-772
Section 6-5-772 Liability for Use of Indicia of Identity Without Consent
Status: in_force

(a) Except as otherwise provided in this article, any person or entity who uses or causes the use of the indicia of identity of a person, on or in products, goods, merchandise, or services entered into commerce in this state, or for purposes of advertising or selling, or soliciting purchases of, products, goods, merchandise, or services, or for purposes of fund-raising or solicitation of donations, or for false endorsement, without consent shall be liable under this article to that person, or to a holder of that person’s rights.

(b) Liability may be found under this section without regard as to whether the use is for profit or not for profit.
Ala. Code § 6-6-684 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-684
Section 6-6-684 Entry of Judgment in Favor of Sheriff or Coroner
Status: in_force

(a) Judgment must, in like manner, be summarily entered in favor of the sheriff or coroner, on three days’ notice of the pendency of the action:

(1) Against the obligors on bonds given to indemnify such officer for levying an execution or attachment or for making sale of property so levied on or attached after judgment against him for making such levy or sale, for the amount entered against such officer, with interest from the date of judgment against him.

(2) Against the deputy of the sheriff or coroner and his sureties, or either of them, for the amount of any judgment entered against the sheriff or coroner for the default of such deputy, with interest from date of judgment against him.

(b) Judgment must, in like manner, be summarily entered in favor of the sheriff, on three days’ notice, against the judge of probate, for the amount of any fees received by him for such sheriff for the service of citations, notices, or other process in relation to estates of deceased persons or minors which, on demand, have not been paid over, with five percent per month from the time of such demand.