Ala. Code § 6-5-790 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-790
Section 6-5-790 Legislative Findings
Status: in_force

The Legislature finds and declares the following:

(1) Providing reasonable protections from the risk and expense of lawsuits to businesses will help encourage businesses to remain open and reopen and that providing such a safe harbor to businesses that operate reasonably consistent with applicable public health guidance will help ameliorate the social harms of a closed economy and the resulting unemployment.

(2) The Coronavirus has put, and will continue to put, a significant strain on health care facilities, health care providers, and health care resources of this state; the Coronavirus has undermined, and will continue to undermine, the ability to deliver patient care in the traditional, normal, or customary manner; and our health care facilities, health care professionals, and their supporting workers need protection to respond to this pandemic and to do what they can do to continue to provide treatment and services for the people of Alabama.
Ala. Code § 6-5-248.1 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-248.1
Section 6-5-248.1 Application of Act 2015-79
Status: in_force

(a) The amendments to Sections 6-5-248, 6-5-252, and 8-1-172, by Act 2015-79 are prospective and shall not apply to the following:

(1) Sales made under a power of sale contained in any mortgage or junior mortgage dated prior to January 1, 2016.

(2) Sales made pursuant to a statutory power of sale with respect to any mortgage or junior mortgage dated prior to January 1, 2016.

(3) Sales by virtue of a judgment rendered by a court prior to January 1, 2016.

(b) Except as provided in subsection (a), the amendments in Sections 6-5-248, 6-5-252, and 8-1-172 reducing the period during which a person is required to exercise the right of redemption or file his or her complaint shall apply to all sales of property foreclosed under a mortgage or sold by virtue of a judgment.
Ala. Code § 6-5-337.1 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-337.1
Section 6-5-337.1 Liability of Owners for Certain Actions of Bovines; Warning Notice
Status: in_force

(a) For the purposes of this section, the following terms have the following meanings, unless the context requires otherwise:

(1) BOVINE. Any buffalo, bison, cattle, or oxen.

(2) BOVINE ACTIVITY. Any activity involving one or more bovine, including, but not limited to, any of the following:

a. Grazing, herding, feeding, branding, milking, or other activity that involves the care or maintenance of a bovine.

b. A bovine auction or production sale.

c. A bovine show, fair, or competition.

d. Bovine training or teaching activities.

e. Boarding a bovine.

f. Riding, inspecting, or evaluating a bovine.

(3) BOVINE OWNER. Any person with ownership rights to a bovine.

(4) INHERENT RISK OF A BOVINE ACTIVITY. A danger or condition that is an integral part of a bovine activity, including, but not limited to, any of the following:

a. The propensity of a bovine to behave in ways that may result in injury, loss, damage, or death to a person on or around the bovine.

b. The unpredictability of a bovine’s reaction to sounds, sudden movements, and unfamiliar objects, individuals, and other animals.

c. Certain hazards on a property, such as surface and subsurface conditions.

d. Collisions with other bovines or nonmotorized objects.

(5) PERSON. An individual, corporation, or any other legal entity.

(b)(1) A bovine owner shall not be liable for any injury, loss, damage, or death of a person resulting from an inherent risk of a bovine activity.

(2) Except as provided in subsection (c), no person shall make any claim against, maintain an action against, or recover from a bovine owner for injury, loss, damage, or death of a person resulting from an inherent risk of a bovine activity.

(c)(1) Subsection (b) shall not be construed to prevent or limit the liability of a bovine owner if the owner does any of the following:

a. Fails to post and maintain a warning sign pursuant to subsection (d).

b. Commits an act or omission that constitutes willful or wanton disregard for the safety of a person, and that act or omission causes the injury, loss, damage, or death of a person.

c. Has actual knowledge of the dangerous propensity of a particular bovine that is not open and obvious, does not make the danger known to a person, and the danger proximately causes injury, sickness, damage, or death to the person.

(2) Article 2 of Chapter 15 of Title 35 shall not apply to a bovine owner if injury, loss, damage, or death of a person results from an inherent risk of a bovine activity.

(d)(1) This section shall not apply unless a bovine owner posts and maintains a sign that contains the warning notice specified in subdivision (2). The sign shall be placed in a clearly visible location on or near a stable, corral, fence, enclosure, or arena where the owner conducts bovine activities. The warning notice shall appear in black letters, with each letter being a minimum of one inch in height.

(2) The sign described in subdivision (1) shall contain the following warning notice:

“WARNING”

“Under Alabama Law, a bovine owner is not liable for any injury, loss, damage, or death of a person resulting from the inherent risks of bovine activities.”
Ala. Code § 6-5-521 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-521
Section 6-5-521 “Product Liability Action” Defined
Status: in_force

(a) A “product liability action” means any action brought by a natural person for personal injury, death, or property damage caused by the manufacture, construction, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, or labeling of a manufactured product when such action is based upon (1) negligence, (2) innocent or negligent misrepresentation, (3) the manufacturer’s liability doctrine, (4) the Alabama extended manufacturer’s liability doctrine as it exists or is hereafter construed or modified, (5) breach of any implied warranty, or (6) breach of any oral express warranty and no other. A product liability action does not include an action for contribution or indemnity.

(b) No product liability action may be asserted or may be provided a claim for relief against any distributor, wholesaler, dealer, retailer, or seller of a product, or against an individual or business entity using a product in the production or delivery of its products or services (collectively referred to as the distributor) unless any of the following apply:

(1) The distributor is also the manufacturer or assembler of the final product and such act is causally related to the product’s defective condition.

(2) The distributor exercised substantial control over the design, testing, manufacture, packaging, or labeling of the product and such act is causally related to the product’s condition.

(3) The distributor altered or modified the product, and the alteration or modification was a substantial factor in causing the harm for which recovery of damages is sought.

(4) It is the intent of this subsection to protect distributors who are merely conduits of a product. This subsection is not intended to protect distributors from independent acts unrelated to the product design or manufacture, such as independent acts of negligence, wantonness, warranty violations, or fraud.

(c) Notwithstanding subsection (b), if a claimant is unable, despite a good faith exercise of due diligence, to identify the manufacturer of an allegedly defective and unreasonably dangerous product, a product liability action may be brought against a distributor, wholesaler, dealer, retailer, or seller of a product, or against the individual or business entity using a product in the production or delivery of its products or services. The claimant shall provide an affidavit certifying that the claimant, or the attorney therefor, has in good faith exercised due diligence and has been unable to identify the manufacturer of the product in question.

(d) In a product liability action brought pursuant to subsection (c), against a distributor, wholesaler, dealer, retailer, or seller of a product, or against the individual or business entity using a product in the production or delivery of its products or services, the party, upon answering or otherwise pleading, may file an affidavit certifying the correct identity of the manufacturer of the product that allegedly caused the claimant’s injury. Once the claimant has received an affidavit, the claimant shall exercise due diligence to file an action and obtain jurisdiction over the manufacturer. Once the claimant has commenced an action against the manufacturer, and the manufacturer has or is required to have answered or otherwise pleaded, the claimant shall voluntarily dismiss all claims against any distributor, wholesaler, dealer, retailer, or seller of the product in question, or against the individual or business entity using a product in the production or delivery of its products or services, unless the claimant can identify prima facie evidence that the requirements of subsection (b) for maintaining a product liability action against such a party are satisfied.

(e) The definition used herein is to be used for purposes of this division and is not to be construed to expand or limit the status of the common or statutory law except as expressly modified by the provisions of this division.
Ala. Code § 6-9-101 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-101
Section 6-9-101 Endorsements on Execution Writs - Amount of Money Collected; Receipt for Defendant
Status: in_force

When money is collected on an execution, the officer collecting it must endorse thereon, or append thereto, the amount collected, specifying the judgment, interest thereon and costs, with his own commissions, and sign his name thereto; and he must also, if required, receipt in like manner to the defendant.
Ala. Code § 6-6-222 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-222
Section 6-6-222 Power of Courts of Record; Form and Effect of Declarations
Status: in_force

Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment is requested. The declaration may be either affirmative or negative in form and effect, and such declarations shall have the force and effect of a final judgment.
Ala. Code § 6-5-462 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-462
Section 6-5-462 Survival - Claims by and Against Personal Representative in Proceedings Not of an Equitable Nature
Status: in_force

In all proceedings not of an equitable nature, all claims upon which an action has been filed and all claims upon which no action has been filed on a contract, express or implied, and all personal claims upon which an action has been filed, except for injuries to the reputation, survive in favor of and against personal representatives; and all personal claims upon which no action has been filed survive against the personal representative of a deceased tort-feasor.
Ala. Code § 6-5-153 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-153
Section 6-5-153 Effect of Establishment of Nuisance in Criminal Proceedings
Status: in_force

In case the existence of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction, the district attorney shall proceed promptly under this division to enforce the provisions and penalties thereof, and the finding of the defendant guilty in such criminal proceedings, unless reversed or set aside, shall be conclusive as against the defendant as to the existence of the nuisance. The proceeds of the sale of the personal property as provided in Section 6-5-152 shall be applied in payment of the costs of the action and abatement, including the plaintiff’s costs, or so much of such proceeds as may be necessary, except as provided in this division.
Ala. Code § 6-10-41 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-41
Section 6-10-41 Effect of Leaving Homestead Temporarily or Leasing Same
Status: in_force

When a declaration of claim to a homestead exemption has been filed in the office of the judge of probate, leaving the homestead temporarily or a leasing of the same shall not operate an abandonment thereof or render it subject to levy and sale, but the right thereto shall remain the same as if the actual occupancy thereof had continued.
Ala. Code § 6-6-13 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-13
Section 6-6-13 Award - Enforcement
Status: in_force

If the award is for the delivery of property or to do or omit to do any particular act, on notice and motion to the court, performance may be enforced by attachment or other appropriate writ.
Ala. Code § 6-6-290 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-290
Section 6-6-290 Effect of Judgment by Default
Status: in_force

A judgment by default against a defendant is an admission of title in the plaintiff, but to recover costs against the defendant, the plaintiff must prove defendant’s possession of the premises, or some part thereof, at the commencement of the action.
Ala. Code § 6-6-26.12 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-26.12
Section 6-6-26.12 Standards of Professional Responsibility and Mandatory Reporting Not Affected
Status: in_force

This division does not affect:

(1) the professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or

(2) the obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this state.
Ala. Code § 6-5-281 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-281
Section 6-5-281 Breach of Contract - Successive Actions
Status: in_force

Successive actions may be maintained upon the same contract or transaction whenever, after the former action, a new claim arises therefrom.
Ala. Code § 6-6-11 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-11
Section 6-6-11 Fees and Charges - Refusal to Testify or Deliver Award until Paid; Recovery by Party Not Liable Therefor
Status: in_force

Any witness may refuse to testify until his fees are paid by the party summoning him, and the arbitrators may refuse to deliver copies of the award until all charges are paid; but if paid by a party not liable therefor, he may recover the same by action before any court having jurisdiction thereof, and the receipt of the arbitrators is presumptive evidence of the fact of payment and of the liability of the party therefor.
Ala. Code § 6-2-11 — Alabama Code / Title 6 / Chapter 2 / Section 6-2-11
Section 6-2-11 Computation of Time - Nonmerchant Mutual Accounts
Status: in_force

When there are mutual accounts between persons who are not merchants, time must be computed from the date of the last item unless the account is liquidated and a balance struck.
Ala. Code § 6-5-480 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-480
Section 6-5-480 Short Title
Status: in_force

This article may be cited and known as the “Alabama Medical Liability Act.”
Ala. Code § 6-11-5 — Alabama Code / Title 6 / Chapter 11 / Section 6-11-5
Section 6-11-5 Court to Conduct Hearings and Receive Evidence
Status: in_force

The court may conduct hearings and receive such evidence as is deemed necessary in order to make the determinations required in Section 6-11-3 and Section 6-11-4.
Ala. Code § 6-10-83 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-83
Section 6-10-83 Proceedings to Set Apart Homestead When Same Exceeds Value Allowed
Status: in_force

When it appears from the report of the appraisers that the homestead exceeds in value $6,000, the probate court shall forthwith appoint three commissioners, who shall, as soon as practicable not exceeding 30 days after their appointment, set off and allot the homestead exempt, having regard to both the quality and value of the property and to the selection of the surviving spouse or, if there is no surviving spouse or the surviving spouse fails to act, of the guardian of the minor child or children, if there is such guardian; and, within 10 days thereafter, the commissioners shall return to the court in writing the homestead set off and allotted by them.
Ala. Code § 6-6-459 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-459
Section 6-6-459 Contest of Answer by Defendant
Status: in_force

The defendant, upon the coming in of the answer, may, within 30 days after notice of the filing of the answer, allege that the garnishee is indebted to him in a larger sum than he has admitted, is otherwise liable to him on a demand, the subject of garnishment, or that he holds money or effects of the defendant not admitted in his answer, which, being reduced to writing setting forth particularly in what respect the answer is deficient and being sworn to, an issue must thereupon be made up, under the direction of the court, which must be tried by a jury if required by either party; but such controversy shall not prevent the plaintiff from taking judgment upon the answer of the garnishee.
Ala. Code § 6-9-145 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-145
Section 6-9-145 Enforcement of Covenants Running with Land
Status: in_force

The purchaser at judicial sale may enforce any covenants of warranty running with the land which may be incorporated in the previous title deeds.
Ala. Code § 6-6-160 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-160
Section 6-6-160 Claim of Persons Not Party to Writ of Execution or Attachment, Etc., to Personal Property Levied On; Affidavit and Bond; Delivery of Property to Claimant
Status: in_force

When an execution, attachment or other like writ, issued from any court or by any officer, is levied on personal property as to which any person not a party to the writ claims to own the title, legal, or equitable, or a lien paramount to the right, title, or interest in the property of the defendant in the writ, such person may try the right to such property before a sale thereof upon making affidavit by himself, his agent, or attorney, which may be taken by the officer levying the writ or any officer authorized to administer oaths that he holds such title to, or such lien upon, the property claimed and executing bond with two good and sufficient sureties, to be approved by the officer making the levy and payable to the plaintiff in double the value of the property levied on and claimed, the value thereof to be determined by the officer making the levy, but in no case to be more than double the amount of the writ levied, with condition to have the property forthcoming for the satisfaction of the judgment or claim of the plaintiff if it shall be found liable therefor and also for the payment of such costs and damages as may be recovered for interposing the claim for delay, whereupon the property levied upon must be delivered into the possession of the claimant.
Ala. Code § 6-10-105 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-105
Section 6-10-105 Recordation of Judgments Allotting Homestead Exemptions; Fee Therefor
Status: in_force

All judgments or decrees allotting homestead exemptions to surviving spouses and minors may be recorded in the probate office as other deeds and conveyances are recorded and in the books of record for recording deeds, so as to show the chain of title to the lands so allotted; and the probate judge shall be allowed the same fees as for the recording of other conveyances.
Ala. Code § 6-6-333 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-333
Section 6-6-333 Process - Neglect or Refusal to Execute by Sheriff or Constable
Status: in_force

Any sheriff or constable neglecting or refusing to execute any process placed in his hands by a district court judge by virtue of the authority conferred by this article, forfeits to the party aggrieved $200, to be recovered by action in the circuit court.
Ala. Code § 6-12-3 — Alabama Code / Title 6 / Chapter 12 / Section 6-12-3
Section 6-12-3 Election Between Settlement and Escrow Fund
Status: in_force

(a) Any tobacco product manufacturer selling cigarettes to consumers within the state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, after June 9, 1999, shall do one of the following:

(1) Become a participating manufacturer, as that term is defined in Section II(jj) of the Master Settlement Agreement, and generally perform its financial obligations under the Master Settlement Agreement.

(2) a. Place into a qualified escrow fund, by April 15 of the year following the year in question, the following amounts, as such amounts are adjusted for inflation:

1999: $.0094241 per unit sold after June 9, 1999;

2000: $.0104712 per unit sold;

For each of 2001 and 2002: $.0136125 per unit sold;

For each of 2003 through 2006: $.0167539 per unit sold;

For each of 2007 and each year thereafter: $.0188482 per unit sold.

b. A tobacco product manufacturer that places funds into escrow pursuant to paragraph a. shall receive the interest or other appreciation on such funds as earned. Such funds themselves shall be released from escrow only under one of the following circumstances:

1. To pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the state or any releasing party located or residing in the state. Funds shall be released from escrow under this subparagraph (i) in the order in which they were placed into escrow and (ii) only to the extent and at the time necessary to make payments required under such judgment or settlement;

2. To the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow on account of units sold in the state in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to Section IX(i) of that agreement, including, after final determination of all adjustments, that such manufacturer would have been required to make on account of such units sold had it been a participating manufacturer, the excess shall be released from escrow and revert back to such tobacco product manufacturer; or

3. To the extent not released from escrow under subparagraphs 1. or 2., funds shall be released from escrow and revert back to such tobacco product manufacturer 25 years after the date on which they were placed into escrow.

c. Each tobacco product manufacturer that elects to place funds into escrow pursuant to this section shall annually certify to the Commissioner of the Department of Revenue that it is in compliance with this section. The Attorney General may bring a civil action on behalf of the state against any tobacco product manufacturer that fails to place into escrow the funds required under this section. Any tobacco product manufacturer that fails in any year to place into escrow the funds required under this section shall:

1. Be required within 15 days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a violation of this section, may impose a civil penalty to be paid to the General Fund of the state in an amount not to exceed 5 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 100 percent of the original amount improperly withheld from escrow;

2. In the case of a knowing violation, be required within 15 days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a knowing violation of this section, may impose a civil penalty to be paid to the General Fund of the state in an amount not to exceed 15 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 300 percent of the original amount improperly withheld from escrow; and

3. In the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the state, whether directly or through a distributor, retailer, or similar intermediary, for a period not to exceed 2 years.

Each failure to make an annual deposit required under this section shall constitute a separate violation.

(b) In the case of units sold which are cigarettes manufactured outside the United States and imported into the United States by an importer:

(1) Importers of the cigarettes shall be jointly and severally liable with the tobacco product manufacturer of the cigarettes for the escrow deposits required under subsection (a)(2);

(2) Importers of the cigarettes may be sued under subsection (a)(2)c. to the same extent as the tobacco product manufacturer, and shall be subject to all of the same civil penalties, remedies, or other relief that may be awarded against the tobacco product manufacturer of the cigarettes as provided in that subsection; and

(3) If the importer of the cigarettes fails or refuses within 15 days of the Alabama Revenue Commissioner’s or the Attorney General’s written demand to deposit the funds into escrow for which it is jointly and severally liable under subsection (b)(1), all cigarettes imported into the United States by the importer shall constitute contraband in the State of Alabama as provided in Section 6-12A-6(b), and shall be subject to seizure and forfeiture as provided under that section.
Ala. Code § 6-6-7 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-7
Section 6-6-7 Arbitrators - Power to Subpoena Witnesses, Administer Oaths and Take Depositions
Status: in_force

The arbitrators, or either of them, have power to subpoena witnesses at the request of either of the parties and to administer all oaths which may be necessary in the progress of the case and must, on the application of either party, issue commission to take the deposition of any witness residing out of the county, which must be taken in the same manner as depositions in the circuit court.
Ala. Code § 6-6-560 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-560
Section 6-6-560 Who May File Complaint to Establish Right or Title to Lands or Interest Therein
Status: in_force

When any person, natural or artificial, claims, either in his own right or in any representative capacity whatsoever, to own any lands or any interest therein, and is in the actual, peaceable possession of the land, or if neither he nor any other person is in the actual possession of the lands and he holds, and has held, color of title to the lands, or interest so claimed, for a period of 10 or more consecutive years next preceding and has paid taxes on the lands or interest during the whole of such period, or if he, together with those through whom he claims, has held color of title and paid taxes on the land or interest so claimed during the whole of such period of time, or if he and those through whom he claims have paid taxes during the whole of such period of 10 years on the lands or interest claimed and no other person has paid taxes thereon during any part of said period, he may, if no action is pending to test his title to, interest in or his right to the possession of such lands, file a verified complaint in the circuit court of the county in which such lands lie against said lands and any and all persons claiming, or reputed to claim, any title to, interest in, lien, or encumbrance on said lands, or any part thereof, to establish the right or title to such lands or interest and to clear up all doubts or disputes concerning the same.
Ala. Code § 6-6-180 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-180
Section 6-6-180 Complaint to Compel Discovery, Etc., of Property - Execution for Money Not Satisfied
Status: in_force

When an execution for money from any court has been issued against a defendant and is not satisfied, the plaintiff, or the person for whose benefit such execution is sued out, may file a complaint against such defendant to compel the discovery of any property belonging to him, or held in trust for him, and to prevent the transfer, payment or delivery thereof to such defendant, except when the trust has been created by, or proceeded from, some other person than the defendant himself; and the court may bring any other party before it and adjudge such property, or the interest of the defendant therein, to the satisfaction of the sum due the plaintiff.
Ala. Code § 6-2-40 — Alabama Code / Title 6 / Chapter 2 / Section 6-2-40
Section 6-2-40 Commencement of Actions - Six Months
Status: in_force

No action shall be commenced to test the validity of any election held by any municipality of this state for the purpose of issuing bonds or levying taxes, nor to attack the issuance of bonds pursuant to such election, unless commenced within six months from the date of declaring the result of said election.
Ala. Code § 6-2-35 — Alabama Code / Title 6 / Chapter 2 / Section 6-2-35
Section 6-2-35 Commencement of Actions - Five Years
Status: in_force

The following must be commenced within five years:

(1) Where lands have been sold under a judgment of a court of competent jurisdiction, all actions founded on an equity of redemption existing in any person not a party to the proceedings who claims under the mortgagor or grantor in the deed of trust; and

(2) Except as otherwise specifically provided for, all actions by the state or any subdivision thereof for the recovery of amounts claimed for licenses, other than business licenses defined in Section 11-51-90.1, municipal or county franchise taxes, or other taxes.
Ala. Code § 6-5-486 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-486
Section 6-5-486 Optional Method of Payment of Judgments in Excess of $100,000
Status: in_force

Where a plaintiff recovers a judgment from a physician, dentist, or medical institution, as defined in Section 6-5-481, in an action for medical liability, and such judgment is in excess of $100,000, the court, in its discretion, may order that:

(1) There shall be deducted from the award, and paid to the plaintiff, an amount sufficient to cover his out-of-pocket expenses as well as his attorney’s fee.

(2) The remainder of the award shall be paid to the plaintiff in monthly installments in an amount calculated to provide the plaintiff a lifetime income.

(3) If the plaintiff should die before payment of all of said award, the same income shall be paid to the beneficiary of the plaintiff for the remainder of the payments due.

(4) The defendant file a surety bond with the court in an amount equal to the award remaining after the expenses referred to in subdivision (1) of this section have been deducted.
Ala. Code § 6-6-797 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-797
Section 6-6-797 Defenses and Immunities of the Receiver
Status: in_force

A receiver is entitled to all defenses and immunities provided by the law of this state other than this article for an act or omission within the scope of the receiver’s appointment.
Ala. Code § 6-2-7 — Alabama Code / Title 6 / Chapter 2 / Section 6-2-7
Section 6-2-7 Commencement of Limitation - Where Demand Necessary for Action
Status: in_force

When a right exists but a demand is necessary to entitle the party to an action against any officer, agent, or attorney, the limitation commences from the commission or omission of the act giving the right of action and not from the date of the demand.
Ala. Code § 6-5-217 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-217
Section 6-5-217 Damages for Continuous Trespass
Status: in_force

Damages for continuous trespass are limited to those which have occurred before and up to the trial. Subsequent damages flowing from a continuance of the trespass give a new cause of action.
Ala. Code § 6-6-411 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-411
Section 6-6-411 Executors and Administrators
Status: in_force

(a) Executors and administrators may be garnished for debts due by the testator or intestate to the defendant and may have process of garnishment in their representative character.

(b) Executors and administrators may be garnished for debts due by the legatees or distributees, but no judgment can be entered against them until a settlement of the estate, unless they assent to the legacy or admit assets to pay the amount claimed or some portion thereof out of the distributive share of the debtor.
Ala. Code § 6-6-392 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-392
Section 6-6-392 Bond Required When Garnishment in Aid of Pending Action; Exception as to Superintendent of Banks
Status: in_force

When the garnishment is in aid of a pending action, the plaintiff, his agent or attorney must also give bond in double the amount claimed in the action, with sufficient surety, to be approved by the officer issuing the writ, with condition that the plaintiff will prosecute the garnishment to effect and pay the defendant all such damages as he may sustain from the wrongful or vexatious suing out of such garnishment; and such bond, as to actions thereon, is subject to the provisions of this code relating to actions on attachment bonds; provided, however, that the Superintendent of Banks of the State of Alabama shall not be required to give bond when garnishment is issued in aid of a pending action, which action is based on a promissory note owned by a bank in the process of liquidation. Such Superintendent of Banks or the liquidating agent of such bank in liquidation shall, however, be liable on his official bonds for damages sustained from the wrongful or vexatious suing out of a writ of garnishment. The Superintendent of Banks shall, however, be required to obtain an order from the circuit court of the county in which such bank in liquidation is located, exempting the Superintendent of Banks from giving such bonds. The order need not specify the particular case or cases, but may be general and exempt the Superintendent of Banks from giving bond in all cases to be brought by him on promissory notes owned by the bank in liquidation wherein garnishments are to issue in aid of the pending actions.
Ala. Code § 6-6-660 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-660
Section 6-6-660 Notice of Motion for Judgment
Status: in_force

Judgment may be entered summarily against the persons and for defaults stated in this article, upon notice in writing by the party aggrieved that a motion will be made for judgment, succinctly stating in such notice the cause for which such motion will be made and the court, the time and the place the motion will be submitted.
Ala. Code § 6-6-8 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-8
Section 6-6-8 Subpoena of Witnesses - Execution
Status: in_force

Subpoenas for witnesses may be executed by the sheriff, by any constable of the county, or by the parties themselves.
Ala. Code § 6-5-774 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-774
Section 6-5-774 Remedies
Status: in_force

A plaintiff, who establishes by a preponderance of the evidence that his or her right of publicity has been violated, shall be eligible to receive the following damages, remedies, and relief:

(1) Monetary relief. The measure of damages shall be:

a. Statutory damages in the amount of five thousand dollars ($5,000) per an action or compensatory damages, including the defendant’s profits derived from such use. The plaintiff, within a reasonable time after the close of discovery, shall elect whether to claim statutory damages or to instead receive such monetary relief as the fact finder may independently determine to award in accordance with this section.

b. Any other damages available under Alabama law, including punitive damages. An election of statutory damages does not preclude the recovery of punitive damages if such damages are available under Alabama law.

(2) Injunctive relief. A violation of this article is deemed to constitute a rebuttable presumption of irreparable harm for the purposes of injunctive relief.
Ala. Code § 6-5-547 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-547
Section 6-5-547 One Million Dollar Limit on Judgments; Mistrial If Jury Advised of Limitation
Status: in_force

In any action commenced pursuant to Section 6-5-391 or Section 6-5-410, against a health care provider whether in contract or in tort based on a breach of the standard of care the amount of any judgment entered in favor of the plaintiff shall not exceed the sum of $1,000,000. Any verdict returned in any such action which exceeds $1,000,000 shall be reduced to $1,000,000 by the trial court or such lesser sum as the trial court deems appropriate in accordance with prevailing standards for reducing excessive verdicts. During the trial of any action brought pursuant to Section 6-5-391 or 6-5-410 neither the court nor any party shall advise or infer to the jury that it may not return a verdict in excess of $1,000,000; in the event the jury is so advised or such inference is made the court, upon motion of an opposing party, shall immediately declare a mistrial. The maximum amount payable under this section, $1,000,000, shall be adjusted on April fifteenth of each year to reflect any increase or decrease during the preceding calendar year in the Consumer Price Index of the United States Department of Commerce. Said adjustment shall equal the percentage change in the Consumer Price Index during the preceding calendar year.
Ala. Code § 6-5-703 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-703
Section 6-5-703 Complaint to Include Detailed Specification and Factual Description of Each Alleged Act and Omission
Status: in_force

In any action for injury, damages, or wrongful death, whether in contract or in tort, against an awarding authority or its contractors arising from any negligent act or omission in the construction or maintenance of a public road, the plaintiff shall include in the complaint filed in the action a detailed specification and factual description of each act and omission alleged by the plaintiff, and shall include when feasible and ascertainable the date, time, and place of the act or acts. The plaintiff shall amend the complaint timely upon ascertainment of new or different acts or omissions upon which the claim is based; provided, however, that any such amendment must be made at least 90 days before trial. Any complaint that fails to include such detailed specification and factual description of each act and omission shall be subject to dismissal for failure to state a claim upon which relief may be granted. This section shall not apply to claims by the awarding authority or contractor against each other.
Ala. Code § 6-12A-6 — Alabama Code / Title 6 / Chapter 12A / Section 6-12A-6
Section 6-12A-6 Penalties; Unlawful Practices
Status: in_force

(a) Revocation of stamping privileges and civil penalty. In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a wholesaler, distributor, or any person has violated subsection (c) of Section 6-12A-3, or any regulation adopted pursuant thereto, the commissioner may revoke or suspend the stamping privileges of any stamping agent in the manner provided by Section 40-2A-8. Each stamp affixed and each offer to sell cigarettes in violation of subsection (c) of Section 6-12A-3 shall constitute a separate violation. For each violation thereof, the commissioner may also impose a civil penalty in an amount not to exceed the greater of 500 percent of the retail value of the cigarettes sold or five thousand dollars ($5,000) upon a determination of violation of subsection (c) of Section 6-12A-3 or any regulations adopted pursuant thereto.

(b) Contraband and seizure. Any cigarettes that have been sold, offered for sale, or possessed for sale in this state, or imported for personal consumption in this state in violation of subsection (c) of Section 6-12A-3 shall be deemed contraband, and the cigarettes shall be subject to seizure and forfeiture as provided under subsection (c) of Section 8-19-12; provided, however, that all such cigarettes shall be destroyed.

(c) Injunction. The commissioner may seek an injunction on behalf of the state to restrain a threatened or actual violation of subsection (c) of Section 6-12A-3, or subsection (a) or (d) of Section 6-12A-5, by a wholesaler or distributor, and compel the violator to comply with these subsections. In any action brought pursuant to this section, the state shall be entitled to recover the costs of investigation, costs of the action, and reasonable attorney fees.

(d) Unlawful sale and distribution. It shall be unlawful for a person to sell, distribute, acquire, hold, own, possess, transport, import, or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in the state in violation of subsection (c) of Section 6-12A-3. A violation of this subsection shall be a Class A misdemeanor.

(e) Unlawful and deceptive trade practices. A person who violates subsection (c) of Section 6-12A-3 engages in an unlawful and deceptive trade practice in violation of Section 8-19-5.
Ala. Code § 6-5-227 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-227
Section 6-5-227 Causes of Action for Breach of Written Express Warranty, Contract, or Indemnity Against Architects, Engineers, and Builders
Status: in_force

Nothing contained in this article shall be construed to bar, prior to the expiration of a written express warranty, contract, or indemnity, causes of action or rights of action in contract against architects, engineers, and builders as defined in this article arising out of breach of contract for written express warranties, contracts, or indemnities which by the written terms thereof shall extend beyond the period of seven years after the substantial completion of construction of an improvement on or to the real property. Any written express warranty, contract, or indemnity for the purposes of an action in contract based upon the written express warranty, contract, or indemnity shall be enforceable for the period of time specified in writing, and all civil actions in contract arising out of the written express warranty, contract, or indemnity against any architect, engineer, or builder who gave the written express warranty, contract, or indemnity must be commenced within two years next after the cause of action accrues or arises, and not thereafter; and no relief can be granted and shall be barred on any cause of action which accrues after the expiration of the term or period of said written express warranty, contract, or indemnity.
Ala. Code § 6-5-792 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-792
Section 6-5-792 Liability of Covered Entity for Damages, Injury, or Death
Status: in_force

(a) Notwithstanding any other provision of law, a covered entity shall not be liable for any damages, injury, or death suffered by any person or entity as a result of, or in connection with, a health emergency claim that results from any act or omission of the covered entity.

(b) Subsection (a) does not apply if the claimant proves by clear and convincing evidence that the covered entity caused the damages, injury, or death by acting with wanton, reckless, willful, or intentional misconduct.

(c) In those instances where liability is established as required by subsection (b), and the acts or omissions do not result in serious physical injury, a covered entity’s liability shall be limited to actual economic compensatory damages, and in no event shall the covered entity be liable for noneconomic or punitive damages.

(d) A party asserting a health emergency claim alleging wrongful death is only entitled to an award of punitive damages.
Ala. Code § 6-9-95 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-95
Section 6-9-95 Levying Officer to Provide Sustenance for Unsold Livestock
Status: in_force

When livestock is levied on and remains in the hands of the officer for sale, he or she must provide sustenance therefor, and it is his or her duty to hire out or employ the equine or equidae or other stock, if practicable, for their support. If unable to do so, he or she must be allowed by the court a reasonable compensation for their support, which he or she may retain from the proceeds of the sale.
Ala. Code § 6-10-8 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-8
Section 6-10-8 Rights of Beneficiaries and Assignees Under Life Insurance Policies
Status: reserved

If a policy of insurance, whether heretofore or hereafter issued, is effected by any person on his or her own life or on another life in favor of a person other than himself or herself or, except in cases of transfer with intent to defraud creditors, if a policy of life insurance is assigned or in any way made payable to any such person, the lawful beneficiary or assignee thereof, other than the insured or the person so effecting such insurance, or his or her executors or administrators, shall be entitled to its proceeds and avails against the creditors and representatives of the insured and of the person effecting the same, whether or not the right to change the beneficiary is reserved or permitted and whether or not the policy is made payable to the person whose life is insured if the beneficiary or assignee shall predecease such person; provided, that subject to the statute of limitations, the amount of any premiums for said insurance paid with intent to defraud creditors, with interest thereon, shall inure to their benefit from the proceeds of the policy; but the company issuing the policy shall be discharged of all liability thereon by payment of its proceeds in accordance with its terms unless, before such payment, the company shall have written notice, by or in behalf of a creditor, of a claim to recover for transfer made or premiums paid with intent to defraud creditors, with specifications of the amount claimed. A husband or a wife, in his or her own name or in the name of a trustee, may insure the life of his or her spouse for the benefit of himself or herself, or for the benefit of himself or herself and any child or children of the marriage; or a husband or a wife may insure his or her own life for the benefit of his or her spouse, or for the benefit of his or her spouse and children, or for the benefit of their children, either in the names of such children or in the name of a trustee; and such insurance and the proceeds and avails thereof, whether or not the right to change the beneficiary is reserved or permitted, is exempt from liability for the debts or engagements of the insured, or for the torts of the insured, or for any penalty or damages recoverable of the insured.
Ala. Code § 6-6-253 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-253
Section 6-6-253 Interpleader by Defendant of Adverse Claimant of Property; Force and Effect of Bonds Given
Status: in_force

(a) If the defendant in a detinue action interpleads a claimant of the property and the defendant is discharged as provided in the Alabama Rules of Civil Procedure and if the defendant has retained possession of the chattels, giving bond, the court may order the chattels to be delivered to such claimant on his giving bond with sufficient surety, to be approved by the clerk, payable to the plaintiff in the penalty of the bond of the defendant with condition that if he is not successful in the action he will, within 20 days thereafter, deliver the chattels and pay all such damages as may be assessed for the detention thereof and all costs adjudged against him. If such person refuses or neglects to give such bond for three days after service of his first pleading or motion in the action, the chattels must be delivered to the plaintiff on his giving bond with sufficient surety, to be approved by the clerk, payable to such claimant in the penalty of the bond of the defendant and with like condition. On the execution and approval of either bond, the bond of the defendant is discharged and must be cancelled.

(b) The bonds taken under this section, on breach of the condition thereof and on return of the sheriff as in the case of bonds taken from plaintiff or defendant in other actions for the recovery of chattels in specie, have the force and effect of judgments on which execution or other process may issue against all, or any, of the obligors. If such person, on notice, does not come in and defend, the judgment entered in the action bars him from commencing any action against the plaintiff or defendant for the chattels or the taking, conversion or detention thereof. If the plaintiff fails to give bond as provided in this section, the chattels must be delivered to the defendant.
Ala. Code § 6-5-339 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-339
Section 6-5-339 Volunteer Medical Professionals
Status: reserved

Repealed by Act 2000-680, § 1, 2000 Regular Session, effective August 1, 2000.
Ala. Code § 6-6-311 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-311
Section 6-6-311 To What Estates Applicable
Status: in_force

Forcible entry and detainer and unlawful detainer extend to, and comprehend, terms for years and all estates, whether freehold or less than freehold.
Ala. Code § 6-6-228 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-228
Section 6-6-228 Determination of Issue of Fact
Status: in_force

When a proceeding under this article involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
Ala. Code § 6-5-706 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-706
Section 6-5-706 Improper Maintenance Following Conclusion of Project
Status: in_force

A contractor shall bear no civil liability to a claimant for personal injury, property damage, or death which occurs subsequent to the conclusion of the project where the proximate cause of the personal injury, property damage, or death is occasioned by a failure of the awarding authority to properly maintain the roadway or any of its features, including shoulders, unless either:

(1) A contractor contracts in whole or in part with the awarding authority to maintain the roadway, or any of its features, including shoulders, or project in question.

(2) The contractor undertakes, independent of a contract, to maintain a roadway or any of its features, including shoulders.
Ala. Code § 6-6-480 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-480
Section 6-6-480 “Salary” Defined
Status: in_force

The term “salary,” as used in this division, is not intended to include or cover costs and charges of court or fees, commissions, percentages, or allowances of public officers, and such are not subject to writs of garnishment under the provisions of this division.
Ala. Code § 6-2-16 — Alabama Code / Title 6 / Chapter 2 / Section 6-2-16
Section 6-2-16 Sufficiency of Partial Payment or Written Promise to Remove Bar
Status: in_force

No act, promise, or acknowledgment is sufficient to remove the bar to an action created by the provisions of this chapter, nor is such evidence of a new and continuing contract, except a partial payment, made upon the contract by the party sought to be charged before the bar is complete or an unconditional promise in writing signed by the party to be charged thereby.
Ala. Code § 6-9-41 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-41
Section 6-9-41 Growing or Ungathered Crops
Status: in_force

No execution or other legal process must be levied upon a growing or ungathered crop of any description except for the purpose of enforcing liens upon such crop for rent, advances, or labor as prescribed by law.
Ala. Code § 6-6-148 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-148
Section 6-6-148 Action by Defendant - on Attachment Bond for Damages
Status: in_force

At any time within three years of the suing out of the attachment, before or after the action is determined, the defendant in attachment may commence an action on the attachment bond and may recover such damages as he has actually sustained if the attachment was wrongfully sued out and, if sued out maliciously as well as wrongfully, the jury may, in addition, give vindictive damages.
Ala. Code § 6-8-64 — Alabama Code / Title 6 / Chapter 8 / Section 6-8-64
Section 6-8-64 Costs of Publication - Rates; Internet Publication; Applicability of Section
Status: in_force

(a) The rate charged for publication of a public notice shall not exceed the lowest classified rate paid by or published on a rate card for commercial customers for an advertisement of similar size, and frequency in the same newspapers in which the public notice appears. The lowest classified rate paid by or published on a rate card for commercial customers for such advertisements shall be calculated to also include all cash discounts, multiple insertion discounts, and any other commercial contract benefits for which the public notice also qualifies.

(b) The newspaper publishing the notice shall place the notice on its own website, if it publishes a website, and a statewide website at no additional charge to government or to the party in interest or at whose instance the publication of a legal notice is to be given. The amount charged for the notice shall include publication in the print edition of the newspaper; the newspaper’s website, if it publishes one; and the statewide website.

(c) The rates established in this section shall apply to any and all legal notices, advertisements, publications, statements, or other matter of whatever kind or character required by the Constitution of Alabama, by general, local, or special law or by rules or orders of courts to be published in newspapers in this state, whether the agency required to cause the publication to be made is an individual, officer, municipality, county, the state, governmental subdivision, or any other legal entity; provided, that rates established in this section shall not apply when a local law prescribes a different rate, in which event the local law shall be applicable.
Ala. Code § 6-6-41 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-41
Section 6-6-41 Matters for Which Issued
Status: in_force

Attachments may issue:

(1) To enforce the collection of a debt, whether it be due or not, at the time the attachment is taken out;

(2) For any moneyed demand, the amount of which can be certainly ascertained;

(3) To recover damages for a breach of contract, when the damages are not certain or liquidated; or

(4) When the action sounds in damages merely.
Ala. Code § 6-5-127 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-127
Section 6-5-127 Nuisance Exceptions; Right of Action for Pollution of Waters, Etc.; Relation to Municipal Ordinances
Status: in_force

(a) No agricultural, manufacturing, or other industrial plant or establishment, farming operation facility, or any racetrack for automobiles or motorcycles, or both, operated in conjunction with a museum that is owned by a nonprofit organization and has a building and collection on display which together have a minimum value of at least one million dollars ($1,000,000), or any of its appurtenances or the operation thereof shall be or become a nuisance, private or public, by any changed conditions in and about the locality thereof after the same has been in operation for more than one year during which such plant, facility, establishment, farming operation facility, or racetrack, its appurtenances or the operation thereof has not been found by a court of competent jurisdiction to be a nuisance; provided, that the provisions of this subsection shall not apply whenever a nuisance results from the negligent or improper operation of any such plant, establishment, farming operation facility, or racetrack, or any of its appurtenances.

(b) The provisions of subsection (a) shall not affect or defeat the right of any person, firm, or corporation to recover damages for any injuries or damage sustained by them on account of any pollution of, or change in the condition of, the waters of any stream or on account of any overflow of the lands of any person, firm, or corporation.

(c) Any and all ordinances heretofore or hereafter adopted by any municipal corporation in which such plant, establishment, farming operation facility, or racetrack is located, which purports to make the operation of any such plant, establishment, farming operation facility, or racetrack, or its appurtenances a nuisance or providing for an abatement thereof as a nuisance in the circumstances set forth in this section are, and shall be, null and void; provided, that the provisions of this subsection shall not apply whenever a nuisance results from the negligent or improper operation of any such plant, establishment, farming operation facility, or racetrack, or any of its appurtenances.

(d) This section shall not be construed to invalidate any contracts heretofore made, but, insofar as contracts are concerned, is only applicable to contracts and agreements to be made in the future.
Ala. Code § 6-6-458 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-458
Section 6-6-458 Controverting of Answer by Plaintiff, Etc
Status: in_force

The plaintiff, his agent, or attorney may controvert the answer of the garnishee by making oath within 30 days after notice of the filing of the answer that he believes it to be untrue. Thereupon, an issue must be made up, under the direction of the court, in which the plaintiff must allege in what respect the answer is untrue; and, if required by either party, a jury must be impaneled to try such issue.
Ala. Code § 6-5-155 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-155
Section 6-5-155 Legislative Findings and Declarations
Status: in_force

The Legislature finds and declares the following:

(1) There is a drug crisis in the State of Alabama which is plaguing our neighborhoods and our housing and rental accommodations.

(2) Drugs have caused an increase in crime and violence and a deterioration in the habitability of housing and rental accommodations, as well as diminished property values.

(3) Currently there are inadequate incentives for property owners to take a more active role in preventing the use of their property for the manufacture, use, sale, storage, or distribution of drugs.
Ala. Code § 6-5-226 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-226
Section 6-5-226 Causes of Action Not Abrogated
Status: in_force

Nothing contained in this article shall be construed to abrogate any cause of action for products liability, or for breach of warranty, or for violation of the Alabama Extended Manufacturer’s Liability Doctrine, or bar any cause of action or right of action against any party other than an architect, engineer, or builder as defined in this article.
Ala. Code § 6-6-184 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-184
Section 6-6-184 Complaint for Discovery of Assets - Joinder of Judgment Creditors, Creditors Without Liens, or Judgments and Assignees of Judgments
Status: in_force

Any number of judgment creditors upon whose judgments executions have issued and been returned “no property found” or creditors without liens or judgments may join as plaintiffs in such complaint. The assignee of a judgment or the several assignees of several judgments may maintain such complaint. It is no objection to such complaint that judgment creditors, creditors without liens, or judgments and the assignees of judgments, or any two or more of them, are joined as plaintiffs therein.
Ala. Code § 6-5-211 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-211
Section 6-5-211 Slander of Title
Status: in_force

The owner of any estate in lands may commence an action for libelous or slanderous words falsely and maliciously impugning his title.
Ala. Code § 6-5-184 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-184
Section 6-5-184 Libel or Slander - Mitigation of Damages - Retraction
Status: in_force

The defendant in an action of slander or libel may prove under a general denial in mitigation of damages that the charge was made in good faith by mistake or through inadvertence or misapprehension, and that he has retracted the charge in the same medium of publication as the charge was originally promulgated and in a prominent position therein.
Ala. Code § 6-6-680 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-680
Section 6-6-680 Judgment Against Sheriff, Etc., Receiving or Executing Writ
Status: in_force

Judgment must be entered for the plaintiff, on three days’ notice, against the sheriff, coroner, or other officer receiving or executing the writ in the following cases:

(1) For failing to return an execution, 20 percent on the judgment;

(2) For failing to pay over money collected upon an execution, on demand of the plaintiff, his agent, or attorney, for the amount so collected and five percent per month damages from the time such demand was made;

(3) For failing to make the money on an execution, which by due diligence could have been made, for the amount of the execution, interest, and 10 percent damages thereon;

(4) For fraudulently making a false return, for the amount of the execution, interest, and 10 percent damages thereon;

(5) For failing to notify the plaintiff, his agent, or attorney of the collection of money by execution, 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;

(6) For failing to endorse on an execution the true date of its delivery to him, for 10 percent on the amount of the execution, and the officer is also responsible for any injury or loss which may arise from such omission; and

(7) For failure to execute a summons, attachment, or other mesne process, which by due diligence could have been executed, for a sum not less than $50, nor more than $500, to be ascertained by a jury. This remedy shall not preclude the party injured from a resort to other legal modes of redress.
Ala. Code § 6-5-798 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-798
Section 6-5-798 Relation to Workers’ Compensation Act
Status: in_force

This article does not affect the right of any person to receive or claim benefits otherwise available under the Workers’ Compensation Act.
Ala. Code § 6-5-574 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-574
Section 6-5-574 Limitation on Time for Commencement of Legal Service Liability Action
Status: in_force

(a) All legal service liability actions against a legal service provider must be commenced within two years after the act or omission or failure giving rise to the claim, and not afterwards; provided, that if the cause of action is not discovered and could not reasonably have been discovered within such period, then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier; provided, further, that in no event may the action be commenced more than four years after such act or omission or failure; except, that an act or omission or failure giving rise to a claim which occurred before August 1, 1987, shall not in any event be barred until the expiration of one year from such date.

(b) Subsection (a) of this section shall be subject to all existing provisions of law relating to the computation of statutory periods of limitations for the commencement of actions, namely, Sections 6-2-1, 6-2-2, 6-2-3, 6-2-5, 6-2-6, 6-2-8, 6-2-9, 6-2-10, 6-2-13, 6-2-15, 6-2-16, 6-2-17, 6-2-30, and 6-2-39; provided, that notwithstanding any provisions of such sections, no action shall be commenced more than four years after the act, omission, or failure complained of; except, that in the case of a minor under four years of age, such minor shall have until his or her eighth birthday to commence such action.
Ala. Code § 6-5-701 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-701
Section 6-5-701 Reliance Upon Specifications
Status: in_force

A contractor is justified ordinarily in relying upon the plans and specifications that are contained in the contract with an awarding authority. No contractor shall be held civilly liable for work performed on the project, including repairs, construction, or maintenance on behalf of the awarding authority, unless it is shown by a preponderance of the evidence that physical injury, property damage, or death is proximately caused by either of the following:

(1) A failure by the contractor to follow the plans and specifications resulting in a dangerous condition.

(2) A latent defect which creates a dangerous condition that is the result of the work of the contractor.
Ala. Code § 6-9-261 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-261
Section 6-9-261 Date of Commencement
Status: in_force

This article applies to all actions commenced on or after January 1, 2013, in which the issue of recognition of a foreign-country judgment is raised.
Ala. Code § 6-11-26 — Alabama Code / Title 6 / Chapter 11 / Section 6-11-26
Section 6-11-26 No Punitive Damages Awarded Against State or Agency Thereof
Status: in_force

Punitive damages may not be awarded against the State of Alabama or any county or municipality thereof, or any agency thereof, except any entity covered under the Medical Liability Act now codified as Section 6-5-480 et seq., or any acts amendatory thereto.
Ala. Code § 6-10-94 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-94
Section 6-10-94 Reduced Homestead Incapable of Allotment - Possession by Surviving Spouse and Minor Children until Sold, Etc
Status: in_force

When the homestead, after being reduced to its lowest practicable area, still exceeds $6,000 in value and no exemption in lieu of homestead has been obtained, the surviving spouse and minor child or children, or either, may retain the possession of the homestead as thus reduced, free from the payment of rent, until the same shall be sold or there is a division of the lands of the decedent; and in the event of a sale of such homestead in the course of administration, it shall be sold separately from the other lands of the decedent, if there be other.
Ala. Code § 6-6-393 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-393
Section 6-6-393 Issuance and Service of Process
Status: in_force

Upon the filing of the affidavit or the affidavit and bond, as the case may be, the officer filing the same must issue process of garnishment and a copy thereof for each garnishee, to be served by the proper officer, requiring the garnishee to appear within 30 days and file an answer, upon oath, whether, at the time of the service of the garnishment, at the time of making his answer or at any time intervening between the time of serving the garnishment and making the answer he was indebted to the defendant and whether he will not be indebted in future to him by a contract then existing, whether by a contract then existing he is liable to him for the delivery of personal property or for the payment of money which may be discharged by the delivery of personal property or which is payable in personal property and whether he has not in his possession or under his control money or effects belonging to the defendant.
Ala. Code § 6-5-578 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-578
Section 6-5-578 Effect of Compliance or Violation of the Rules of Professional Conduct
Status: in_force

(a) Evidence of action taken by a legal service provider in an effort to comply with any provision or any official opinion or interpretation of the rules of professional conduct shall be admissible only in defense of a legal service liability action and the same shall be available as a defense to any legal services liability action.

(b) Neither evidence of a charge of a violation of the rules of professional conduct against a legal service provider nor evidence of any action taken in response to such a charge shall be admissible in a legal services liability action and the fact that a legal service provider violated any provision of the rules of professional conduct shall not give rise to an independent cause of action or otherwise be used in support of recovery in a legal services liability action.
Ala. Code § 6-5-542 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-542
Section 6-5-542 Definitions
Status: in_force

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:

(1) HEALTH CARE PROVIDER. A medical practitioner, dental practitioner, medical institution, physician, dentist, hospital, or other health care provider as those terms are defined in Section 6-5-481.

(2) STANDARD OF CARE. The standard of care is that level of such reasonable care, skill, and diligence as other similarly situated health care providers in the same general line of practice, ordinarily have and exercise in like cases. A breach of the standard of care is the failure by a health care provider to comply with the standard of care, which failure proximately causes personal injury or wrongful death. This definition applies to all actions for injuries or damages or wrongful death whether in contract or tort and whether based on intentional or unintentional conduct.

(3) FUTURE DAMAGES. Damages for future medical treatment, care, or custody, loss of future earnings, future loss of earning capacity, future loss of bodily function, future loss of consortium, or future pain and suffering.

(4) PERIODIC PAYMENT. The payment of money or delivery of other property to the judgment creditor at regular intervals.

(5) SUBSTANTIAL EVIDENCE. Substantial evidence is that character of admissible evidence which would convince an unprejudiced thinking mind of the truth of the fact to which the evidence is directed.
Ala. Code § 6-5-524 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-524
Section 6-5-524 Evidence of Reimbursement Inadmissible If Recipient Must Repay
Status: in_force

Upon proof by the plaintiff to the court that the plaintiff is obligated to repay the medical or hospital expenses which have been or will be paid or reimbursed, no evidence relating to such reimbursement or payment not otherwise admissible shall be admissible as a result of this division.
Ala. Code § 6-5-501 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-501
Section 6-5-501 Definitions
Status: in_force

The following definitions are applicable in this division:

(1) ORIGINAL SELLER. Any person, firm, corporation, association, partnership, or other legal or business entity, which in the course of business or as an incident to business, sells or otherwise distributes a manufactured product (a) prior to or (b) at the time the manufactured product is first put to use by any person or business entity who did not acquire the manufactured product for either resale or other distribution in its unused condition or for incorporation as a component part in a manufactured product which is to be sold or otherwise distributed in its unused condition.

(2) PRODUCT LIABILITY ACTION. Any action brought by a natural person for personal injury, death, or property damage caused by the manufacture, construction, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, or labeling of a manufactured product when such action is based upon (a) negligence, (b) innocent or negligent misrepresentation, (c) the manufacturer’s liability doctrine, (d) the Alabama extended manufacturer’s liability doctrine, as it exists or is hereafter construed or modified, (e) breach of any implied warranty, or (f) breach of any oral express warranty and no other. A product liability action does not include an action for contribution or indemnity.

a. No product liability action may be asserted or may be provided a claim for relief against any distributor, wholesaler, dealer, retailer, or seller of a product, or against an individual or business entity using a product in the production or delivery of its products or services (collectively referred to as the distributor) unless any of the following apply:

1. The distributor is also the manufacturer or assembler of the final product and such act is causally related to the product’s defective condition.

2. The distributor exercised substantial control over the design, testing, manufacture, packaging, or labeling of the product and such act is causally related to the product’s condition.

3. The distributor altered or modified the product, and the alteration or modification was a substantial factor in causing the harm for which recovery of damages is sought.

4. It is the intent of this subsection to protect distributors who are merely conduits of a product. This subsection is not intended to protect distributors from independent acts unrelated to the product design or manufacture, such as independent acts of negligence, wantonness, warranty violations, or fraud.

b. Notwithstanding paragraph a., if a claimant is unable, despite a good faith exercise of due diligence, to identify the manufacturer of an allegedly defective and unreasonably dangerous product, a product liability action may be brought against a distributor, wholesaler, dealer, retailer, or seller of a product, or against the individual or business entity using a product in the production or delivery of its products or services. The claimant shall provide an affidavit certifying that the claimant, or the attorney therefor, has in good faith exercised due diligence and has been unable to identify the manufacturer of the product in question.

c. In a product liability action brought pursuant to paragraph b., against a distributor, wholesaler, dealer, retailer, or seller of a product, or against the individual or business entity using a product in the production or delivery of its products or services, the party, upon answering or otherwise pleading, may file an affidavit certifying the correct identity of the manufacturer of the product that allegedly caused the claimant’s injury. Once the claimant has received an affidavit, the claimant shall exercise due diligence to file an action and obtain jurisdiction over the manufacturer. Once the claimant has commenced an action against the manufacturer, and the manufacturer has or is required to have answered or otherwise pleaded, the claimant shall voluntarily dismiss all claims against any distributor, wholesaler, dealer, retailer, or seller of the product in question, or against the individual or business entity using a product in the production or delivery of its products or services, unless the claimant can identify prima facie evidence that the requirements of paragraph a. for maintaining a product liability action against such a party are satisfied.

(3) The definitions used herein are to be used for purposes of this division and are not to be construed to expand or limit the status of the common or statutory law except as expressly modified by the provisions of this division.
Ala. Code § 6-5-151 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-151
Section 6-5-151 Order of Abatement; Sale of Property
Status: in_force

(a) If the existence of the nuisance is admitted or established in an action as provided in this division, or in a criminal proceeding in the circuit court, an order of abatement shall be entered as a part of the judgment in the case, which shall direct the removal from the place of all personal property and contents used in conducting the nuisance not already released under authority of the court as provided in Sections 6-5-143, 6-5-145 through 6-5-148, and 6-5-150 and shall direct the sale of such thereof as belonged to the defendants notified or appearing in the manner provided for the sale of chattels under execution.

(b) Such order shall also require the renewal for one year of any bond furnished by the owner of the real property as provided in Section 6-5-148 or, if not so furnished, shall continue for one year any closing order issued at the time of granting the preliminary injunction or, if no such closing order was then issued, shall include an order directing the effectual closing of the place against its use for any purpose, so keeping it closed for a period of one year unless sooner released; but the owner of the place so closed and not released under bond as provided in Section 6-5-148 may appear and obtain such release in the manner and upon fulfilling the requirements as provided in such section.

(c) The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it may be subject by law.

(d) Owners of unsold property and contents so seized must appear and claim same within 10 days after such order of abatement is made and prove innocence to the satisfaction of the court of any knowledge of said use thereof and that with reasonable care and diligence they could not have known thereof. Every defendant in the action shall be presumed to have had knowledge of the general reputation of the place. If such innocence shall be so established, such unsold personal property and contents shall be delivered to the owner; otherwise, it shall be sold as provided in this section.

(e) If any person shall break and enter or use a place so directed to be closed, he shall be punished for contempt as provided in Section 6-5-154.
Ala. Code § 6-6-334 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-334
Section 6-6-334 Failure of Witnesses to Attend or Refusal to Testify
Status: in_force

(a) Any witness, duly subpoenaed and failing to attend or refusing to testify may be fined by the district court judge not exceeding $100, for the use of the county, for which he may issue execution directed to the constable.

(b) The judgment specified in subsection (a) of this section must not be made absolute until 10 days after service of a written notice on such witness, informing him of the entry of such judgment.
Ala. Code § 6-5-549.1 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-549.1
Section 6-5-549.1 Limits of Liability Insurance Coverage in Legal Action Against Health Care Providers; Testimony of Health Care Providers as Specialists
Status: in_force

(a) This section and Sections 6-5-548 and 6-5-549 shall be known and may be cited as The Alabama Medical Liability Act of 1996.

(b) The Legislature of the State of Alabama finds and declares that a crisis continues to threaten the delivery and availability of medical services to the people of Alabama and the health and safety of the citizens of this state are in jeopardy as a result of this crisis. In accordance with the previous declarations of the Legislature of Alabama in Sections 6-5-480 to 6-5-488, inclusive, 27-26-1 to 27-26-4, inclusive, 27-26-20 to 27-26-43, inclusive, and Sections 6-5-540 to 6-5-552, inclusive, it is the declared intent of this Legislature to ensure that quality medical services continue to be available at reasonable costs to the citizens of the State of Alabama. The continuing and ever increasing threat of legal actions for alleged medical injury causes and contributes to an increase in health care costs and places a heavy burden on those who can least afford such increases. The threat of such actions contributes to the performance of expensive medical procedures by physicians and other health care providers which otherwise would not be considered necessary. The spiraling cost and decreasing availability of essential medical services caused by the threat of litigation constitutes a danger to the health and safety of the citizens of this state. This section and Sections 6-5-548 and 6-5-549 should be given effect immediately to help control the spiraling cost of health care and to ensure its continuing availability. Additionally, the increasing threat of legal actions for alleged medical injury has resulted in a continuing limitation on the number of physicians providing specialized health care in this state. Because of the limited number of insurers offering professional liability coverage and because of the prejudice to the rights of defendant health care providers through the interjection of evidence of insurance, the interest of all citizens will best be served by prohibiting the introduction of evidence that a witness testifying at trial is insured by the same insurer as the defendant health care provider.

(c) For the purposes of this section and Sections 6-5-548 and 6-5-549, the terms used shall have the meanings respectively ascribed to them in Section 6-5-542. Notwithstanding the foregoing, for purposes of this section and Sections 6-5-548 and 6-5-549, the term “health care provider” shall include any licensed optometrist or licensed chiropractor and the term “professional corporation” shall include any optometric or chiropractic professional corporation or optometric or chiropractic professional association; and, for purposes of this section and Sections 6-5-548(a) and 6-5-549, the term “health care provider” shall include any licensed podiatrist and the term “professional corporation” shall include any podiatric professional corporation or podiatric professional association; and for purposes of this section and Sections 6-5-548 and 6-5-549, the term “health care provider” shall include emergency medical services personnel and any provider service as those terms are defined in Section 22-18-1. However, subsection (e) does not apply to licensed optometrists and optometric professional corporations or licensed chiropractors and chiropractic professional associations.

(d) This section and Sections 6-5-548 and 6-5-549 are intended to supplement “The Alabama Medical Liability Act,” Act 513, 1975 Regular Session and “The Alabama Medical Liability Act of 1987,” Act 87-189, 1987 Regular Session and the legislative intent stated therein.

(e) This section and Sections 6-5-548 and 6-5-549 apply to all actions pending against health care providers at the time of the effective date of the sections. Notwithstanding the foregoing, this section shall not apply to an action filed against a podiatrist prior to March 7, 2006.
Ala. Code § 6-6-568 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-568
Section 6-6-568 Intervention
Status: in_force

Any person may, during the pendency of proceedings under this division, and at any time before the entry of the final judgment hereunder, intervene in said action and file a claim therein, and propound his title to the property described in the complaint or to the interest therein sought to be established.
Ala. Code § 6-9-232 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-232
Section 6-9-232 Filing Judgment with Clerk of Circuit Court; Effect of Judgment
Status: in_force

A copy of any foreign judgment authenticated in accordance with an act of Congress or the statutes of this state may be filed in the office of the clerk of any circuit court of this state. A clerk of any circuit court shall note the filing in a special docket set up for foreign judgments. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a circuit court of this state and may be enforced or satisfied in like manner; provided, however, that any proceeding that is brought to enforce support obligations of other jurisdictions in this state by the withholding of income derived in this state shall be brought in accordance with Chapter 3A, commencing with Section 30-3A-101, of Title 30.
Ala. Code § 6-6-230 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-230
Section 6-6-230 Granting of Further Relief; Application Therefor; Order to Show Cause
Status: in_force

Further relief based on a declaratory judgment may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application is deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment to show cause why further relief should not be granted forthwith.
Ala. Code § 6-10-6.1 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-6.1
Section 6-10-6.1 Exclusions from Personal Property
Status: in_force

(a) Wages, salaries, or other compensation of a resident are not personal property for the purposes of exemption from garnishment, levy, sale under execution, or other process for the collection of debt.

(b) It is the intent of this section to exclude from the meaning of personal property the wages, salaries, or other compensation of a resident for the purposes of the personal property exemption under Section 6-10-6 and Section 204 of the Constitution of Alabama of 1901.
Ala. Code § 6-6-167 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-167
Section 6-6-167 Levy on Other Property by Plaintiff Not Precluded
Status: in_force

The interposition of a claim for the trial of the right of property shall not prevent the plaintiff from levying on other property of the defendant in the process.
Ala. Code § 6-6-566 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-566
Section 6-6-566 Prima Facie and Conclusive Evidence of Title
Status: in_force

(a) Against all parties to the complaint who have made no answer thereto within the time allowed for such purpose and against all persons not intervening in said case and claiming an interest in said lands prior to the time the case became at issue, proof of actual, peaceable possession by the plaintiff and color of title to said lands in the plaintiff shall be conclusive evidence of title to said lands in the plaintiff.

(b) Against all persons who have neither paid any taxes upon said lands nor had any possession thereof, or of any part thereof, during the five years next preceding the filing of the complaint, against all parties to the complaint who have made no answer thereto within the time allowed for such purpose and against all persons not intervening in said case and claiming an interest in said lands prior to the time the case became at issue, proof of color of title to said lands in the plaintiff or in the plaintiff and those through whom he claims title, and payment of taxes during said five-year period by the plaintiff or by the plaintiff and those through whom he claims title, or proof of exclusive payment of taxes by the plaintiff or by the plaintiff and those through whom he claims title, during said five-year period shall be prima facie evidence of title to said lands in the plaintiff.

(c) Against all persons who have neither paid any taxes upon said lands nor had any possession thereof, or of any part thereof, during the 10 years next preceding the filing of the complaint, against all parties to the complaint who have made no answer thereto within the time allowed for such purpose and against all persons not intervening in said case and claiming an interest in said lands prior to the time the case became at issue, proof of color of title to said lands in the plaintiff or in the plaintiff and those through whom he claims title, and payment of taxes during said 10-year period by the plaintiff or by the plaintiff and those through whom he claims title, or proof of exclusive payment of taxes by the plaintiff or by the plaintiff and those through whom he claims title, during said 10-year period, shall be conclusive evidence of title to said lands in the plaintiff.
Ala. Code § 6-6-803 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-803
Section 6-6-803 Receivership in Another State; Ancillary Proceeding
Status: in_force

(a) The court may appoint a receiver appointed in another state, or that person’s nominee, as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for which a receiver could be appointed under this article, if:

(1) The person or nominee would be eligible to serve as receiver under Section 6-6-786; and

(2) The appointment furthers the person’s possession, custody, control, or disposition of property subject to the receivership in the other state.

(b) The court may issue an order that gives effect to an order entered in another state appointing or directing a receiver.

(c) Unless the court orders otherwise, an ancillary receiver appointed under subsection (a) has the rights, powers, and duties of a receiver appointed under this article.
Ala. Code § 6-5-285 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-285
Section 6-5-285 Holder of Worthless Check, Draft, or Order
Status: in_force

The holder of a worthless check, draft, or order for the payment of money shall have a right of action against the person who unlawfully made, uttered, or delivered the same to him or to his endorser; and such action may be maintained though there has been no prosecution, conviction, or acquittal of the defendant for his unlawful act. Such action must be commenced within one year from the date of the unlawful act. The plaintiff in such action may recover such damages, both punitive and compensatory, including a reasonable attorney fee, as the jury or court trying the case may assess.
Ala. Code § 6-5-222 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-222
Section 6-5-222 Statute of Limitations - Computation of Period
Status: in_force

Section 6-5-221 shall be subject to all existing provisions of law relating to the computation of statutory periods of limitation for the commencement of actions, set forth in Sections 6-2-1, 6-2-2, 6-2-3, 6-2-5, 6-2-6, 6-2-8, 6-2-9, 6-2-10, 6-2-13, 6-2-15, 6-2-16, 6-2-17, 6-2-30 and 6-2-39(b), as amended. Notwithstanding any provisions of Section 6-2-8, no disability set forth in Section 6-2-8 shall extend the period of limitations set forth in Section 6-5-221 so as to allow such action to be commenced more than seven years after the cause of action accrues; provided further, that notwithstanding any provisions of such sections, no relief can be granted for any cause of action which accrued, and any right of action is barred which would have accrued, more than seven years after the substantial completion of construction of such improvement.
Ala. Code § 6-5-575 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-575
Section 6-5-575 Settlement of Disputes by Voluntary Arbitration
Status: in_force

(a) After a legal service provider has rendered services, or failed to render services, to a client out of which a claim has arisen, the parties thereto may agree to settle such dispute by arbitration. Such agreement must be in writing and signed by both parties. Any such agreement shall be valid, binding, irrevocable, and enforceable, save upon such grounds as exist in law or in equity for the revocation of any contract.

(b) Pursuant to the provisions of this section, the claimant shall select one competent and disinterested arbitrator, and the party or parties against whom the claim is made shall select one competent and disinterested arbitrator. The two arbitrators so named shall select a third arbitrator, or, if unable to agree thereon within 30 days, then upon request of any party, such third arbitrator shall be selected by a judge of a court of record in the county in which the arbitration is pending. The arbitrators shall then hear and determine the question or questions so in dispute in accordance with the procedural rules established by the American Arbitration Association. The decision in writing of any two arbitrators shall be binding upon all parties. Each party shall pay fees of his own arbitrator, and split the expenses of the third. Arbitration shall be conducted in the county in which the claim arose. A judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
Ala. Code § 6-5-348 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-348
Section 6-5-348 Immunity for Federal Firearm Licensees Who Enter into Firearm Hold Agreements Under Certain Conditions
Status: in_force

(a) This section shall be known as and may be cited as the Houston/Hunter Act.

(b) For the purposes of this act, the following terms have the following meanings:

(1) FEDERAL FIREARMS LICENSEE. Any person who is licensed pursuant to 18 U.S.C. Chapter 44.

(2) FIREARM. The same meaning as provided in 18 U.S.C. § 921.

(3) FIREARM HOLD AGREEMENT. A private transaction between a federal firearm licensee and an individual firearm owner where the licensee agrees to: (i) take physical possession of the owner’s lawfully possessed firearm at the owner’s request; (ii) hold the firearm for an agreed period of time; and (iii) return the firearm to the owner.

(c) No individual shall have a private cause of action against a federal firearm licensee operating lawfully in this state for returning a firearm to the firearm owner at the termination of a firearm hold agreement.

(d) The immunity from civil liability provided in subsection (c) shall not apply to any action arising from a firearm hold agreement if that action is the result of unlawful conduct on the part of the federal firearm licensee.

(e) This section shall not apply to firearm transfers made in violation of Title 13A or Chapter 27 of Title 41.
Ala. Code § 6-10-84 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-84
Section 6-10-84 Proceedings on Failure of Appraisers to Set Apart Exemptions or to Appraise Homestead
Status: in_force

If, for more than 20 days after the grant of administration, the appraisers should fail to set apart the personal property exempt in favor of the surviving spouse and minor child or children, or either, or to appraise the homestead or to make the report in reference to the homestead required in Section 6-10-82, then, upon the written application of the surviving spouse or of the guardian of the minor child or children, the probate court shall appoint three commissioners who shall, as soon as practicable thereafter not exceeding 30 days, set apart the personal property exempt and appraise the homestead in the manner required of the appraisers; and, if practicable, they shall also allot and set off the homestead exemption in the manner provided in Section 6-10-83. Within 10 days thereafter they shall report to the court in writing the personal property set apart, with the value of each item thereof, and the homestead allotted and set off, with a full and accurate description of the same. If the homestead, after being reduced to its lowest practicable area, still exceeds $6,000 in value, thereby rendering it impracticable to allot and set it off, the commissioners shall report that fact.
Ala. Code § 6-6-3 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-3
Section 6-6-3 Statement of Dispute; Naming of Arbitrators; Delivery of Submission with List of Witnesses
Status: in_force

The parties must concisely state in writing, signed by them, the matter in dispute between them and that they desire to leave the determination thereof to certain persons, naming them as arbitrators; and such submission must be delivered to the arbitrators, or one of them, together with a list of the witnesses either party may desire to examine.
Ala. Code § 6-5-332 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-332
Section 6-5-332 Persons Rendering Emergency Care Etc., at Scene of Accident, Etc
Status: in_force

(a) When any doctor of medicine or dentistry, nurse, member of any organized rescue squad, member of any police or fire department, member of any organized volunteer fire department, individual affiliated with or a member of any community emergency response team who has completed a community emergency response team training curriculum that is recognized by the Federal Emergency Management Agency, Alabama-licensed emergency medical technician, intern, or resident practicing in an Alabama hospital with training programs approved by the American Medical Association, Alabama state trooper, medical aid functioning as a part of the military assistance to safety and traffic program, chiropractor, or public education employee gratuitously and in good faith, renders first aid or emergency care at the scene of an accident, casualty, or disaster to an injured individual, he or she shall not be liable for any civil damages as a result of his or her acts or omissions in rendering first aid or emergency care, nor shall he or she be liable for any civil damages as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured individual.

(b) Any member of the crew of a helicopter that is used in the performance of military assistance to safety and traffic programs and is engaged in the performance of emergency medical service acts shall be exempt from personal liability for any property damages caused by helicopter downwash or by individuals disembarking from the helicopter.

(c) When any physician gratuitously advises medical personnel at the scene of an emergency episode by direct voice contact to render medical assistance based upon information received by voice or biotelemetry equipment, the actions ordered taken by the physician to sustain life or reduce disability shall not be considered liable when the actions are within the established medical procedures.

(d) Any individual who is qualified by a federal or state agency to perform mine rescue planning and recovery operations, including mine rescue instructors and mine rescue team members, and any individual designated by an operator furnishing a mine rescue team to supervise, assist in planning, or provide service thereto, who, in good faith, performs or fails to perform any act or service in connection with mine rescue planning and recovery operations shall not be liable for any civil damages as a result of any acts or omissions. Nothing contained in this subsection shall be construed to exempt from liability any individual responsible for an overall mine rescue operation, including an operator of an affected facility and any individual assuming responsibility therefor under federal or state statutes or regulations.

(e) An individual or entity who, in good faith and without compensation, renders emergency care or treatment to an individual suffering or appearing to suffer from cardiac arrest, which may include the use of an automated external defibrillator, shall be immune from civil liability for any personal injury as a result of care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the individual acts as an ordinary prudent individual would have acted under the same or similar circumstances, except damages that may result from the gross negligence of the individual rendering emergency care. This immunity shall extend to the licensed physician or medical authority who is involved in automated external defibrillator site placement, the individual who provides training in CPR and the use of the automated external defibrillator, and the individual or entity responsible for the site where the automated external defibrillator is located. This subsection specifically excludes from immunity any designers, manufacturers, or sellers of automated external defibrillators for any claims that may be brought against such entities based upon current Alabama state law.

(f) Any licensed engineer, licensed architect, licensed surveyor, licensed contractor, licensed subcontractor, or other individual working under the direct supervision of the licensed individual who participates in emergency response activities under the direction of, or in connection with, a community emergency response team that has completed a community emergency response team training curriculum recognized by the Federal Emergency Management Agency, county emergency management agency, the state emergency management agency, or the Federal Emergency Management Agency shall not be liable for any civil damages as a result of any acts, services, or omissions provided without compensation, in such capacity if the individual acts as a reasonably prudent individual would have acted under the same or similar circumstances. The immunity provided in this subsection shall apply to any acts, services, or omissions provided within 90 days after declaration of the emergency.

(g) Any individual who, in good faith, renders emergency care at the scene of an accident or emergency to the victim or victims thereof without making any charge of goods or services therefor shall not be liable for any civil damages as a result of any act or omission by the individual in rendering emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured individual if the individual acts as a reasonably prudent individual would have acted under the same or similar circumstances.
Ala. Code § 6-6-201 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-201
Section 6-6-201 Statement of Assets - Order to Appear Before Court for Oral Examination; Production of Papers, Etc
Status: in_force

After the filing in court of such statement and such judgment remaining unsatisfied, upon the filing in said court by the judgment creditor or the attorney of record for such judgment creditor of an affidavit stating that such statement to the best of affiant’s knowledge, information, and belief does not contain a full, true, and correct statement and description, of such assets as required in this division, the court shall make an order requiring such judgment debtor or debtors, when the judgment is against a person or firm, or the agent or agents of such debtor corporations to appear before such court on a day to be set by the court, not less than 10 days’ notice of which order shall be served upon such judgment debtor, to submit to an oral examination, under oath, touching the nature, location, description, and value of such assets and, to this end, may require the production by such judgment creditor of any and all papers, documents, or books which may contain material evidence of such assets.
Ala. Code § 6-5-550 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-550
Section 6-5-550 Cause of Action for Malicious Prosecution of Civil Action Against Health Care Provider
Status: in_force

There is hereby created a cause of action for damages for malicious prosecution on the grounds that the party instituting a civil action for injury or damages whether in contract or in tort against a health care provider based on a breach of the standard of care knew or should have known that the same was without adequate legal basis, or false, or unfounded, or without probable cause in the filing of such action, or that the same was filed as a part of a conspiracy to misuse judicial process by filing such a civil action known to be without legal basis, false, or unfounded. In any action for malicious prosecution under this section, the injured party may recover actual damages including litigation costs paid by or on behalf of the injured party or in the alternative liquidated damages of $500 plus a reasonable attorney’s fee and all other costs of litigation. In an action for malicious prosecution under this section, actual malice need not be an element of the claim nor do special damages need to be proved. The elimination of these requirements in permitting the recovery of actual damages or liquidated damages, a reasonable attorney’s fee and other costs of litigation is intended to be in derogation of the common law. The cause of action established by this section is not a compulsory counterclaim in the original civil action upon which it is based for the purposes of Rule 13, Alabama Rules of Civil Procedure.
Ala. Code § 6-12A-2 — Alabama Code / Title 6 / Chapter 12A / Section 6-12A-2
Section 6-12A-2 Definitions
Status: in_force

For the purposes of this chapter, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section:

(1) BRAND FAMILY. All styles of cigarettes sold under the same trade mark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, menthol, lights, kings, and 100s and includes any brand name (alone or in conjunction with any other word) trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.

(2) CIGARETTE. As defined under subdivision (4) of Section 6-12-2.

(3) COMMISSIONER. The Commissioner for the Department of Revenue for the State of Alabama.

(4) DISTRIBUTOR. A person, wherever resident or located, who purchases non-tax-paid cigarettes and stores, sells, or otherwise disposes of the cigarettes.

(5) IMPORTER. As defined under subdivision (5) of Section 6-12-2.

(6) MASTER SETTLEMENT AGREEMENT. The tobacco Master Settlement Agreement as defined under subdivision (6) of Section 6-12-2.

(7) NON-PARTICIPATING MANUFACTURER. Any tobacco product manufacturer that is not a participating manufacturer.

(8) PARTICIPATING MANUFACTURER. As defined in Section II(jj) of the Master Settlement Agreement, and all amendments thereto.

(9) QUALIFIED ESCROW FUND. As defined in subdivision (7) of Section 6-12-2.

(10) TOBACCO PRODUCT MANUFACTURER. As defined in subdivision (10) of Section 6-12-2.

(11) UNITS SOLD. As defined in subdivision (11) of Section 6-12-2.

(12) WHOLESALER. A person, firm, corporation, club, or association that is authorized to affix tax stamps to packages or other containers of cigarettes under Chapter 25 of Title 40.
Ala. Code § 6-4-22 — Alabama Code / Title 6 / Chapter 4 / Section 6-4-22
Section 6-4-22 Deposit of Money for Postage and Registration
Status: in_force

In all cases where service is to be made by publication or registered or certified mail, a sufficient sum of money must be deposited in advance with the clerk or judge to cover the expenses of such publication or the postage and registration fee, as the case may be.
Ala. Code § 6-6-799 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-799
Section 6-6-799 Notice of Appointment; Claim Against Receivership; Distribution to Creditors
Status: in_force

(a) Except as otherwise provided in subsection (f), a receiver shall give notice of appointment of the receiver to creditors of the owner by both of the following:

(1) First-class mail addressed to the last known address of the creditor, or by other mechanism reasonably calculated to provide actual notice, to all creditors with claims against the receivership property who are known or reasonably ascertainable by the receiver within 30 days after appointment.

(2) Publishing a notice once a week for three successive weeks in a newspaper of general circulation published in the county in which the receiver was appointed, or if none is published in the county, in the one published nearest to the courthouse thereof or in an adjoining county.

(b) Except as otherwise provided in subsection (f), the notice required by subsection (a) must specify the date by which each creditor holding a claim against the owner which arose before appointment of the receiver must submit the claim to the receiver. The date specified must be at least 90 days after the later of notice under subdivision (a)(1) or last publication under subdivision (a)(2). The court may extend the period for submitting the claim. Unless the court orders otherwise, a claim that is not submitted timely is not entitled to a distribution from the receivership.

(c) A claim submitted by a creditor under this section must satisfy all of the following:

(1) State the name and address of the creditor.

(2) State the amount and basis of the claim.

(3) Identify any property securing the claim.

(4) Be signed by the creditor under penalty of perjury.

(5) Include a copy of any record on which the claim is based.

(d) An assignment by a creditor of a claim against the owner is effective against the receiver only if the assignee gives timely notice of the assignment to the receiver in a signed record.

(e) At any time before entry of an order approving a receiver’s final report, the receiver or any interested party may file with the court an objection to a claim of a creditor stating the basis for the objection. The court shall allow or disallow the claim according to the law of this state other than this article.

(f) If the court concludes that receivership property is likely to be insufficient to satisfy claims of each creditor holding a perfected lien on the property, the court may order both of the following:

(1) That the receiver need not give notice under subsection (a) of the appointment to all creditors of the owner, but only to such creditors as the court directs.

(2) That unsecured creditors need not submit claims under this section.

(g) Subject to Section 6-6-800:

(1) A distribution of receivership property to a creditor holding a perfected lien on the property must be made in accordance with the creditor’s priority under the law of this state other than this article; and

(2) A distribution of receivership property to a creditor with an allowed unsecured claim must be made as the court directs according to the law of this state other than this article, pro rata as to the allowed amount.
Ala. Code § 6-6-793 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-793
Section 6-6-793 Stay; Injunction
Status: in_force

(a) Except as otherwise provided in subsection (d) or ordered by the court, upon the earlier of: (i) recording of the receivership order pursuant to Section 6-6-791(c)(3); or (ii) receipt of actual knowledge of the appointment of a receiver, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or proceeding:

(1) To obtain possession of, exercise control over, or enforce a judgment against receivership property; and

(2) To enforce a lien against receivership property to the extent the lien secures a claim against the owner which arose before entry of the order.

(b) Except as otherwise provided in subsection (d), the court may enjoin an act, action, or proceeding against or relating to receivership property if the injunction is necessary to protect the property or facilitate administration of the receivership.

(c) A person whose act, action, or proceeding is stayed or enjoined under this section may apply to the court for relief from the stay or injunction for cause.

(d) An order under subsection (a) or (b) does not operate as a stay or injunction of any of the following:

(1) An act, action, or proceeding to foreclose or otherwise enforce a mortgage by a party holding a senior lien to the person seeking appointment of the receiver.

(2) An act, action, or proceeding to foreclose or otherwise enforce a mortgage by the person seeking appointment of the receiver.

(3) An act, action, or proceeding to perfect, or maintain or continue the perfection of, an interest in receivership property.

(4) Commencement or continuation of a criminal proceeding.

(5) Commencement or continuation of an action or proceeding, or enforcement of a judgment other than a money judgment in an action or proceeding, by a governmental unit to enforce its police or regulatory power.

(6) Establishment by a governmental unit of a tax liability against the owner or receivership property or an appeal of the liability.

(e) The court may void any act that violates a stay or injunction under this section.

(f) If a person knowingly violates a stay or injunction under this section, the court may do any of the following:

(1) Award actual damages caused by the violation, reasonable attorney fees, and costs.

(2) Sanction the violation as civil contempt.
Ala. Code § 6-8-69 — Alabama Code / Title 6 / Chapter 8 / Section 6-8-69
Section 6-8-69 Postponement of Sale; Publication of Original Notice
Status: in_force

Whenever it becomes necessary to postpone any sale that has been advertised to occur on a certain day, the same may be postponed by the auctioneer or attorney announcing, at the time set for sale, the date to which said sale is postponed; and the original notice shall be published once again, with a statement at the bottom that said sale has been postponed and the date when it will occur.
Ala. Code § 6-5-522 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-522
Section 6-5-522 Evidence of Medical Expense Reimbursement Mitigates Damages; Cost of Obtaining Reimbursement Recoverable
Status: in_force

In all product liability actions where damages for any medical or hospital expenses are claimed and are legally recoverable for personal injury or death, evidence that the plaintiff’s medical or hospital expenses have been or will be paid or reimbursed (1) by medical or hospital insurance, or (2) pursuant to the medical and hospital payment provisions of law governing workmen’s compensation, shall be admissible as competent evidence in mitigation of such medical or hospital expense damages. In such actions upon admission of evidence respecting reimbursement or payment of medical or hospital expenses, the plaintiff shall be entitled to introduce evidence of the cost of obtaining reimbursement or payment of medical or hospital expenses. Such portion of the costs of obtaining reimbursement or payment of medical or hospital expenses as the trier of fact finds is reasonably related to the reimbursement or payment received or to be received by the plaintiff shall be a recoverable item of such damages for medical or hospital expenses.
Ala. Code § 6-6-318 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-318
Section 6-6-318 Courts Deemed Always Open
Status: in_force

Courts having jurisdiction under this article must be held open at all times for the consideration and determination of questions arising under this article, and judgments had thereon without delay.
Ala. Code § 6-12A-3 — Alabama Code / Title 6 / Chapter 12A / Section 6-12A-3
Section 6-12A-3 Tobacco Product Manufacturer Certification; Directory; Stamping, Sale, or Import of Cigarettes Not in Directory
Status: in_force

(a) Certification. Every tobacco product manufacturer whose cigarettes are sold in this state whether directly or through a distributor, retailer, or similar intermediary or intermediaries shall execute and deliver on a form prescribed by the commissioner, a certification to the commissioner no later than the thirtieth day of April each year, certifying that, as of the date of the certification, the tobacco product manufacturer either: Is a participating manufacturer or is in full compliance with Section 6-12-3, including all quarterly installment payments required by subsection (e) of Section 6-12A-5.

(1) Each participating manufacturer shall include in its certification a list of its brand families. The participating manufacturer shall update its list 30 days prior to any addition or modification to its brand families by executing and delivering a supplemental certification to the commissioner.

(2) Each non-participating manufacturer shall include in its certification:

a. A complete list of all of its brand families.

b. A separate listing containing the names of the brand families of cigarettes and the number of units sold for each brand family in the state during the preceding calendar year.

c. A separate listing containing the names of its brand families that have been sold in the state at any time during the current calendar year.

d. An indication by an asterisk of the names of any brand family sold in the state during the preceding calendar year that are no longer being sold in the state as of the date of the certification.

e. An identification by name and address of any other manufacturer of any of the listed brand families in the preceding or current calendar year.

f. In the case of cigarettes, brands, or brand families imported into the United States by one or more importers, an identification by name and address of any and all importers of the cigarettes.

Each non-participating manufacturer shall update its list at least 30 days prior to any addition or modification to its list of brand families by executing and delivering a supplemental certification to the commissioner.

(3) Additionally, each non-participating manufacturer shall further certify in its certification:

a. That both the non-participating manufacturer, and, if applicable, the importer of the cigarettes, are registered to do business in the state or has appointed an agent for service of process and provided notice thereof as required by Section 6-12A-4.

b. That it has:

1. Established and continues to maintain a qualified escrow fund.

2. Executed a qualified escrow agreement that has been reviewed and approved by the commissioner and that governs the qualified escrow fund.

c. That it is in full compliance with Section 6-12-3 and this chapter, and any regulations promulgated pursuant thereto.

d.1. The name, address, and telephone number of the financial institution where it has established the qualified escrow fund required pursuant to Section 6-12-3 and all regulations promulgated thereto.

2. The account number of the qualified escrow fund and any sub-account number for the State of Alabama.

3. The amount the non-participating manufacturer placed in the qualified escrow fund for cigarettes sold in the state during the preceding calendar year, the date and amount of each deposit, and any evidence or verification as may be deemed necessary by the commissioner to confirm the foregoing.

4. The amount and date of any withdrawal or transfer of funds the non-participating manufacturer made at any time from the qualified escrow fund or from any other qualified escrow fund into which escrow payments were ever made pursuant to Section 6-12-3 and all regulations promulgated thereto.

5. That it and, if applicable, the importer of the cigarettes, holds a current and valid permit under 26 U.S.C. § 5713.

(4) A participating manufacturer may not include a brand family in its certification unless it affirms that the brand family is to be deemed to be its cigarettes for purposes of calculating its payments under the Master Settlement Agreement for the relevant year, in the volume and shares determined pursuant to the Master Settlement Agreement.

(5) A non-participating manufacturer may not include a brand family in its certification unless it affirms that the brand family is to be deemed to be its cigarettes for purposes of Section 6-12-3.

(6) Nothing in this section shall be construed as limiting or otherwise affecting the state’s right to maintain that a brand family constitutes cigarettes of a different tobacco product manufacturer for purposes of calculating payments under the Master Settlement Agreement or for purposes of Section 6-12-3.

(7) The tobacco product manufacturers shall maintain all invoices and documentation of sales and any other information relied upon for certification for a period of five years, unless otherwise required by law to maintain them for a greater period of time.

(b) Directory of cigarettes approved for stamping and sale. Not later than 90 days after August 1, 2003, the commissioner shall compile and make available for public inspection a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of subsection (a), and all brand families that are listed in the certifications, except as noted below.

(1) The commissioner shall not include or retain in the directory the name or brand families of any non-participating manufacturer that fails or has failed to provide the required certification or whose certification the commissioner determines is not in compliance with subdivisions (2) and (3) of subsection (a), unless the commissioner has determined that each violation has been cured.

(2) Neither a tobacco product manufacturer nor a brand family shall be included or retained in the directory if the commissioner concludes either of the following:

a. Any escrow payment required pursuant to Section 6-12-3, for any period for any brand family, whether or not listed by the non-participating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the commissioner.

b. Any outstanding final judgment, including interest thereon, for a violation of Section 6-12-3, has not been fully satisfied for the brand family or the manufacturer.

c. That the non-participating manufacturer has not provided a bond in strict compliance with subsection (f) of Section 6-12A-5 and the rules relating thereto.

d. That the non-participating manufacturer has failed or refused to provide the documents or information requested by the commissioner in order to promote compliance with the requirements of this chapter.

(3) The commissioner shall update the directory as necessary in order to correct mistakes and to add or remove a tobacco product manufacturer or brand family to keep the directory in conformity with the requirements of this chapter. The commissioner, in addition to any notice requirements in Section 40-2A-8, shall transmit by electronic mail or other practicable means to each wholesaler, stamping agent, or distributor notice of any addition to or removal from the directory of any tobacco product manufacturer or brand family. The wholesaler, stamping agent, or distributor shall have 30 days from receipt of notice from the department regarding the change in the directory to sell the brand family that is delisted. No delisted brand family may be sold after the 30-day period.

(4) Every wholesaler and distributor shall provide and update as necessary an electronic mail address to the commissioner for the purpose of receiving any notifications as may be required by this chapter.

(c) Prohibition against stamping, sale, or import of cigarettes not in the directory. It shall be unlawful for any person to do either of the following:

(1) Affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory.

(2) Sell, offer, or possess for sale in this state, or import for personal consumption in this state, cigarettes of a tobacco product manufacturer or brand family not included in the directory.
Ala. Code § 6-2-1 — Alabama Code / Title 6 / Chapter 2 / Section 6-2-1
Section 6-2-1 Applicability of Chapter - Generally
Status: in_force

This chapter shall apply to and govern claims in all courts, and shall apply whether the claim upon which an action is commenced is based upon a debt or obligation of either legal or equitable nature.
Ala. Code § 6-5-187 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-187
Section 6-5-187 Truth of Charges Against Public Persons May Be Proved
Status: in_force

In civil actions for the publication of papers investigating the official conduct of officers or persons in public capacity or when the matter published is proper for public information, the truth thereof may be given in evidence.
Ala. Code § 6-5-247 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-247
Section 6-5-247 Definitions
Status: in_force

Unless the context otherwise requires, the words defined in this section shall have the following meanings when found in this article:

(1) SALE or SOLD. Any execution, judgment, or foreclosure sale, whether the sale is made under any power of sale in any mortgage or deed of trust or statutory power of sale, or by virtue of any judgment in any court of competent jurisdiction.

(2) MORTGAGE. Any mortgage, deed of trust, or any other instrument intended to secure the payment of money, such as an instrument which includes a vendor’s lien.

(3) JUNIOR MORTGAGE. Any mortgage, deed of trust, or any other instrument intended to secure the payment of money by the transfer of an interest in real property, such as a conveyance which includes a vendor’s lien, which are lower in priority than the foreclosed mortgage or lien.
Ala. Code § 6-6-294 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-294
Section 6-6-294 Retention of Possession for One Year by Defendant If Crop Planted or Growing Upon Filing Bond; Force and Effect of Bond
Status: in_force

(a) If the defendant has a crop planted or growing on the premises and the court or jury finds for the plaintiff, they must also ascertain the rental value of the premises during the current year, and no writ of possession can be issued until the expiration of the year if the defendant executes a bond in double the amount of such rent payable to the plaintiff, with surety approved by the clerk, conditioned to pay the rent so assessed at the expiration of the year.

(b) The bond must be filed in the office of the clerk and, if the rent is not paid at the expiration of the year, has the force and effect of a judgment; and thereon, execution for the amount of the rent must issue against all the obligors or such of them as may be living.
Ala. Code § 6-6-204 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-204
Section 6-6-204 Remedy Deemed Cumulative
Status: in_force

The remedy provided in this division shall be held and construed to be in addition to any existing remedy or process now or hereafter provided by law in such cases for the discovery of assets or the enforcement of collection of judgment.
Ala. Code § 6-6-102 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-102
Section 6-6-102 Tender of Value If Property Dead or Destroyed
Status: in_force

If any of the property so replevied should die or be destroyed without fault or negligence on the part of the person in possession before the day for the delivery thereof, the obligors in the bond may tender the value to the plaintiff, his agent, or attorney; and, if such tender is refused, such obligors may obtain relief by a stay of execution.
Ala. Code § 6-6-540 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-540
Section 6-6-540 Right of Action to Settle Title to Lands by Person in Peaceable Possession Thereof. (Amended by Act 2026-536)
Status: in_force

AMENDED BY ACT 2026-536, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

When any person is in peaceable possession of lands, whether actual or constructive, claiming to own the same, in his own right or as personal representative or guardian, and his title thereto, or any part thereof, is denied or disputed or any other person claims or is reputed to own the same, any part thereof, or any interest therein or to hold any lien or encumbrance thereon and no action is pending to enforce or test the validity of such title, claim, or encumbrance, such person or his personal representative or guardian, so in possession, may commence an action to settle the title to such lands and to clear up all doubts or disputes concerning the same.
Ala. Code § 6-5-123 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-123
Section 6-5-123 Public Nuisances - Special Damage to Individual
Status: in_force

If a public nuisance causes a special damage to an individual in which the public does not participate, such special damage gives a right of action.
Ala. Code § 6-5-751 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-751
Section 6-5-751 Legislative Findings and Objectives
Status: in_force

(a) The Legislature finds that the recruitment, establishment, development, and growth of the commercial aviation aircraft manufacturing industry in the State of Alabama is important to the economic health of the state and its agencies and institutions and to the general health, welfare, and prosperity of its citizens. The Legislature finds that it is reasonable and important to the national and international companies and businesses involved in the commercial aviation aircraft manufacturing industry locating or considering locating in the State of Alabama to expect that civil liability actions against them, if any, will be governed by tort principles generally accepted in other jurisdictions outside this state that are home to such companies and businesses, but which are consistent with the Constitution of Alabama of 1901, and this state’s public policy. The Legislature finds that the principles addressed in this article, namely, the statute of limitations, the statute of repose, forum non conveniens, and contribution among tortfeasors, while incorporating concepts that are generally accepted in state, federal, and international jurisdictions outside this state, are treated in this article in a manner not inconsistent with the provisions and requirements of the Constitution of Alabama of 1901, and Alabama public policy and are rationally and reasonably related to the Legislature’s objectives and regulatory scheme.

(b) The Legislature further finds that the commercial aviation aircraft manufacturing industry is one of the most heavily regulated industries in the United States and the world and that the Federal Aviation Administration of the United States and other airworthiness authorities impose upon the industry comprehensive, rigorous standards and requirements governing quality control, safety, and functionality, all of which are in the public interest. The Legislature finds that the classifications contained in this article that distinguish the unique, highly regulated commercial aviation aircraft manufacturing industry are rationally and reasonably related to the Legislature’s regulatory scheme and are valid.

(c) This article bears a reasonable relationship to the proposed legislative objective of limiting the period of liability for commercial aviation aircraft manufacturers whose work on the aircraft generally ends at the time of delivery to the first purchaser or upon replacing or adding a component part that is alleged to have been a proximate cause of an accident. While protecting such manufacturers during a remote period beginning long after the completion of their work, the article imposes no unfair burden on the injured, deceased, or damaged party because a party is still afforded an avenue of legal redress from others who are more likely to have been responsible for or could have prevented such injury, death, or damage.

(d) It is thus the legislative objective to provide for the abolishing of rights of action, with certain exceptions, against commercial aviation aircraft manufacturers that would have accrued after the passage of 12 years from delivery to the first purchaser or from replacing or adding a component part that is alleged to have been a proximate cause of an accident, and all such actions will be forever barred without relief to a claimant. Where causes of action accrue during the 12-year repose period, an action may be brought within two years of accrual even though such action may be filed beyond the 12-year period. This objective permits all injured, deceased, or damaged parties a period of two years to file suit on a cause of action accruing within the repose period, which would in certain circumstances permit the filing of an action up to 14 years after delivery or replacement.

(e) The legislative objective of abolishing potential liabilities of commercial aviation aircraft manufacturers after the passage of a sufficient period of time from the delivery of the aircraft to the first purchaser or from the replacement or addition of a component part that is alleged to have been a proximate cause of an accident is rationally and reasonably related to the permissible state objective of removing responsibility from, and preventing suit against, such highly regulated manufacturers who are the least likely to be responsible or at fault for defects, deficiencies, and failures that cause injury, death, or damage long after their work is completed. The Legislature has deemed that, after a lapse of time of more than 12 years without incident, (1) the burden on the courts to adjudicate, (2) the complexities of proof with the obstacle of faded memories, (3) the unavailability of witnesses and lost evidence, (4) the opportunity for intervening factors such as acts or omissions of others involving inadequate maintenance, improper use, alterations, improvements, and other negligence, (5) changes in standards for design, manufacture, and assembly, (6) changes in regulations and codes, (7) and the burden on manufacturers who may have no control over the aircraft after their work is completed to disprove responsibility after acceptance and years of possession by other parties, all weigh more heavily in favor of repose or the abolishing of rights of action against manufacturers than in favor of allowing adjudication of the few, if any, meritorious claims that might have accrued thereafter.

(f) The Legislature finds that the burden of tenuous claims upon both the courts and the commercial aviation aircraft manufacturing industry sufficiently vindicates the denial of a right of action after the passage of a period of 12 years under the circumstances and with the exceptions stated herein.
Ala. Code § 6-11-25 — Alabama Code / Title 6 / Chapter 11 / Section 6-11-25
Section 6-11-25 Ability of Court to Set Aside Damages Not Limited
Status: in_force

Nothing in this article is intended to limit the ability of a trial or appellate court to set aside or reverse an award of punitive damages, or to order a new trial.
Ala. Code § 6-5-140 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-140
Section 6-5-140 Definitions
Status: in_force

For the purposes of this division, the following terms shall have the meanings respectively ascribed to them by this section:

(1) PLACE. Any building, erection, or place, any separate part or portion thereof or the ground itself.

(2) PERSON. Any individual, corporation, association, partnership, trustee, lessee, agent, or assignee.

(3) NUISANCE. Any place in or upon which lewdness, assignation, or prostitution is conducted, permitted, continued, or exists and the personal property and contents used in conducting or maintaining any such place for any such purpose.
Ala. Code § 6-9-260 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-260
Section 6-9-260 Comity
Status: in_force

This article does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this article.
Ala. Code § 6-5-332.2 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-332.2
Section 6-5-332.2 Immunity of Persons Responding to Oil Spills
Status: in_force

(a) This section shall be known and may be cited as the Alabama Act Regarding Liability for Persons Responding to Oil Spills.

(b) For the purposes of this section, the following terms shall have the following meanings:

(1) DAMAGES. Damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge, or threatened discharge of oil.

(2) DISCHARGE. Any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping.

(3) FEDERAL ON-SCENE COORDINATOR. The federal official predesignated by the U.S. Environmental Protection Agency or the U.S. Coast Guard to coordinate and direct federal responses under subpart D of the National Contingency Plan, or the official designated by the lead agency to coordinate and direct removal under subpart E, of the National Contingency Plan.

(4) NATIONAL CONTINGENCY PLAN. The National Contingency Plan prepared and published under Section 311(d) of the Federal Water Pollution Control Act [33 U.S.C. § 1321(d)], as amended by the Oil Pollution Act of 1990, Pub. L. No. 101-380, 104 Stat. 484 (1990).

(5) OIL. Oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, gasoline, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.

(6) PERSON. An individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, or any interstate body.

(7) REMOVAL COSTS. The costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident.

(8) RESPONSIBLE PARTY.

a. Vessels. In the case of a vessel, any person owning, operating, or demise chartering the vessel.

b. Onshore Facilities. In the case of an onshore facility (other than a pipeline), any person owning or operating the facility, except a federal agency, state, municipality, commission, or political subdivision of a state, or any interstate body, that as owner, transfers possession and right to use the property to another person by lease, assignment, or permit.

c. Offshore Facilities. In the case of an offshore facility (other than a pipeline or a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. § 1501 et seq.), the lessee or permittee of the area in which the facility is located or the holder of a right of use and easement granted under applicable state law or the Outer Continental Shelf Lands Act (43 U.S.C. §§ 1301-1356) for the area in which the facility is located (if the holder is a different person than the lessee or permittee), except a federal agency, state, municipality, commission, or political subdivision of a state, or any interstate body, that as owner, transfers possession and right to use the property to another person by lease, assignment, or permit.

d. Deepwater Ports. In the case of a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. §§ 1501-1524), the licensee.

e. Pipelines. In the case of a pipeline, any person owning or operating the pipeline.

f. Abandonment. In the case of an abandoned vessel, onshore facility, deepwater port, pipeline, or offshore facility, the persons who would have been responsible parties immediately prior to the abandonment of the vessel or facility.

(c) (1) Notwithstanding any other provision of law, a person, including a response action contractor as defined in Section 22-35-3, is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the Federal On-Scene Coordinator or by any state official with responsibility for oil spill response.

(2) Subdivision (1) of this subsection does not apply:

a. to a responsible party;

b. with respect to personal injury or wrongful death;

c. if the person is grossly negligent or engages in wanton or willful misconduct: or

d. If the person’s act(s) or omission(s) proximately caused, in whole or in part, the original actual or threatening discharge; or any additional or further actual or threatening discharge.

(3) A responsible party is liable for any removal costs and damages that another person is relieved of under subdivision (1).

(4) Nothing in this section affects the liability of a responsible party for oil spill response under state law.
Ala. Code § 6-5-228 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-228
Section 6-5-228 Actions Relating to Sale or Disposition of Real Estate; Actions Against Persons Other Than Architects, Engineers, or Builders
Status: in_force

Nothing contained in this article shall be construed as affecting any period of limitation for any cause of action arising out of or relating to the sale or disposition of real estate, or against any person other than architects, engineers, and builders as defined in this article.
Ala. Code § 6-10-36 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-36
Section 6-10-36 Contest of Exemption Claim - Assessment of Value of Property and Damages Resulting from Detention on Bond; Judgment and Execution on Bond
Status: in_force

When bond has been executed by the plaintiff or defendant for the forthcoming of the property in contest, the value of the property, and the damages resulting from its detention must be assessed by the court or jury trying the contest. If the unsuccessful party fails for 20 days after judgment to deliver the property and pay the damages as required by the condition of the bond, it shall be the duty of the sheriff to make due return of that fact; and, upon such return being made, the bond shall have the force and effect of a judgment, and execution may issue thereon against the obligors on the bond for the value of the property and the damages assessed, or either, and costs.
Ala. Code § 6-11-52 — Alabama Code / Title 6 / Chapter 11 / Section 6-11-52
Section 6-11-52 Disclosure Statement
Status: in_force

Not less than three days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than 14 points, setting forth all of the following:

(1) The amounts and due dates of the structured settlement payments to be transferred.

(2) The aggregate amount of the payments.

(3) The discounted present value of the payments to be transferred, which shall be identified as the “calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities,” and the amount of the applicable federal rate used in calculating the discounted present value.

(4) The gross advance amount.

(5) An itemized listing of all applicable transfer expenses, other than attorneys’ fees and related disbursements payable in connection with the transferee’s application for approval of the transfer, and the transferee’s best estimate of the amount of the fees and disbursements.

(6) The net advance amount.

(7) The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee.

(8) A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee.
Ala. Code § 6-6-641 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-641
Section 6-6-641 Appeals
Status: in_force

From the final judgment of any circuit court in any such proceeding, an appeal shall lie to the appropriate appellate court as in other cases.
Ala. Code § 6-3-10 — Alabama Code / Title 6 / Chapter 3 / Section 6-3-10
Section 6-3-10 Local Laws in Counties Having Two Courthouses Unaffected
Status: in_force

In all counties having two courthouses, the provisions of this chapter shall not affect any local laws relating to venue in force at the adoption of this Code.
Ala. Code § 6-6-47 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-47
Section 6-6-47 By Executors and Administrators
Status: in_force

Executors and administrators may commence an action by attachment in their representative characters.
Ala. Code § 6-8-82 — Alabama Code / Title 6 / Chapter 8 / Section 6-8-82
Section 6-8-82 Exemptions - Wages of Head of Family
Status: in_force

The wages or hire of any head of a family in this state, not having property liable to levy and sale under execution, cannot be defeated or abated by any counterclaim of a money demand acquired by the person contracting to pay such wages by assignment or transfer, unless the parties otherwise agree in writing.
Ala. Code § 6-5-410 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-410
Section 6-5-410 Wrongful Act, Omission, or Negligence Causing Death
Status: in_force

(a) A personal representative may commence an action and recover such damages as the jury may assess in a court of competent jurisdiction within the State of Alabama where provided for in subsection (e), and not elsewhere, for the wrongful act, omission, or negligence of any person, persons, or corporation, his or her or their servants or agents, whereby the death of the testator or intestate was caused, provided the testator or intestate could have commenced an action for the wrongful act, omission, or negligence if it had not caused death.

(b) The action shall not abate by the death of the defendant, but may be revived against his or her personal representative and may be maintained though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful act, omission, or negligence.

(c) The damages recovered are not subject to the payment of the debts or liabilities of the testator or intestate, but must be distributed according to the statute of distributions.

(d) The action must be commenced within two years from and after the death of the testator or intestate.

(e) For any cause of action brought pursuant to this section, the action may only be filed in a county where the deceased could have commenced an action for the alleged wrongful act, omission, or negligence pursuant to Section 6-3-2 or 6-3-7, if the alleged wrongful act, omission, or negligence had not caused death. Nothing in this subsection is intended to override Rule 82 of the Alabama Rules of Civil Procedure.

(f) This section shall only apply to actions filed after June 9, 2011.
Ala. Code § 6-6-224 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-224
Section 6-6-224 Construction of Contracts Before or After Breach
Status: in_force

A contract may be construed either before or after there has been a breach thereof.
Ala. Code § 6-6-601 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-601
Section 6-6-601 Costs - Assessment
Status: in_force

If an action under this article is maintained by the state alone and judgment is for the defendant or the defendant is insolvent, the witnesses are paid as in other state cases, but if any person is joined with the state as informant, judgment must be entered against him for the costs if entered for the defendant.
Ala. Code § 6-6-53 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-53
Section 6-6-53 Return of Bond and Affidavit
Status: in_force

The bond and affidavit must be returned by the officer issuing the attachment to the court to which the attachment is returnable.
Ala. Code § 6-6-541 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-541
Section 6-6-541 Contents of Complaint
Status: in_force

The complaint authorized by Section 6-6-540 must describe the lands with certainty, must allege the possession and ownership of the plaintiff and that the defendant claims, or is reputed to claim, some right, title, or interest in, or encumbrance upon, such lands and must call upon him to set forth and specify his title, claim, interest, or encumbrance and how and by what instrument the same is derived and created.
Ala. Code § 6-10-97 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-97
Section 6-10-97 Reduced Homestead Incapable of Allotment - Sale - Proceedings When No Bid in Excess of $6,000 Received
Status: in_force

(a) If, at such sale or any subsequent sale, no bid in excess of $6,000 is received, the representative must report that fact to the court; and thereupon the court must make an order directing the report to lie over 30 days, during which time any person interested in the sale may file written exceptions attacking the fairness of the sale, stating the grounds of such exceptions. Upon the filing of such exceptions, a day must be appointed to hear the same, 10 days’ notice thereof given and other proceedings had as provided in this division for the hearing of exceptions to a report allotting homestead, so far as such provisions are applicable.

(b) If, on the hearing of such exceptions, the court is satisfied from the evidence that the failure to obtain a bid of more than $6,000 was due to a want of fairness in the conduct of the sale or to fraud or collusion thereat, an order must be made directing a resale of such homestead, but if no exceptions are filed and sustained to such report, the court must make an order revoking the order of sale of the homestead and setting apart such homestead to the surviving spouse and minor child or children, or either, as the case may be.
Ala. Code § 6-6-250 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-250
Section 6-6-250 Duty of Clerk to Require Taking of Property by Sheriff Unless Defendant Gives Bond; Disposition of Property on Failure to Give Bond
Status: in_force

(a) When an action is commenced for the recovery of personal chattels in specie, if the plaintiff, his agent, or attorney makes affidavit that the property sued for belongs to the plaintiff and executes a bond in such sum and with such surety as may be approved by the clerk, with condition that if the plaintiff fails in the action, he will pay the defendant all such costs and damages as he may sustain by the wrongful complaint, it is the duty of the clerk to endorse on the summons that the sheriff is required to take the property mentioned in the complaint into his possession unless the defendant gives bond payable to the plaintiff, with sufficient surety, in double the value of the property, with condition that if the defendant fails in the action he will, within 30 days thereafter, deliver the property to the plaintiff and pay all costs and damages which may accrue from the detention thereof.

(b) If the defendant neglects for five days to give such bond, the property sued for must be delivered to the plaintiff on his giving bond, with sufficient surety, in double the value of the property, payable to the defendant, with condition to deliver the property to the defendant within 30 days after judgment in case he fails in the action and to pay all damages for the detention of the property and costs of the action. If the plaintiff fails to give such bond for five days after the expiration of the time allowed the defendant, the property must be returned to the defendant.
Ala. Code § 6-5-156.4 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-156.4
Section 6-5-156.4 Violation of Court Order; Additional Orders Necessary to Abatement; Suspension or Cancellation of Order
Status: in_force

(a) A violation of any court order issued pursuant to this division is punishable as a contempt of court by a fine of not less than five hundred dollars ($500) nor more than seventy-five thousand dollars ($75,000), or by imprisonment for not more than one year, or both. Evidence concerning the duration and repetitive nature of the violations shall be considered by the court in determining the penalty for contempt.

(b) Upon finding that a defendant has willfully violated an order issued pursuant to this division, the court may issue any additional orders necessary to abate the drug-related nuisance or to carry out the punishment for contempt.

(c) The court may suspend the effectiveness of an order of abatement for no more than 90 days if the owner of the property establishes that he or she had no knowledge of the drug-related nuisance, and could not reasonably be expected to have knowledge, and the owner avers under oath that he or she will immediately undertake specified measures to abate the nuisance for the following two-year period. An abatement order issued pursuant to this subsection may not be issued for the benefit of a defendant who has been found in contempt of court as part of the same action. An order issued pursuant to this subsection is a suspension and is not a withdrawal of the original order.

(d) The courts shall cancel the order of abatement if the owner of the property satisfies the court that the drug-related nuisance has been abated for the past 90 days, corrects all housing code and health code violations, and posts a bond in an amount to be determined by the court, which shall be immediately forfeitable if the drug-related nuisance recurs during the following two-year period.
Ala. Code § 6-5-683 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-683
Section 6-5-683 Fair Market Value of Total Gross Assets
Status: in_force

(a) A corporation may establish the fair market value of total gross assets for the purpose of the limitations under Section 6-5-682 through any method reasonable under the circumstances, including either of the following:

(1) By reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arm’s length transaction.

(2) In the absence of other readily available information from which fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.

(b) Total gross assets include intangible assets.

(c) Total gross assets include the aggregate coverage under any applicable liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, which insurance has been collected or is collectible to cover successor asbestos-related liabilities except compensation for liabilities arising from workers’ exposure to asbestos solely during the course of their employment by the transferor. A settlement of a dispute concerning the insurance coverage entered into by a transferor or successor with the insurers of the transferor before September 1, 2011, shall be determinative of the aggregate coverage of the liability insurance to be included in the calculation of the transferor’s total gross assets.
Ala. Code § 6-6-756 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-756
Section 6-6-756 Marking of Validated Obligations
Status: in_force

Obligations validated under the provisions of this article shall have stamped or written thereon by the proper officers of such unit the words: “Validated and confirmed by judgment of the Circuit Court of … County, State of Alabama, entered on the … day of …, 19…,” which shall be signed by the register or clerk of the circuit court in which the judgment was entered, and such entry shall be original evidence of said judgment in any court in this state.
Ala. Code § 6-11-28 — Alabama Code / Title 6 / Chapter 11 / Section 6-11-28
Section 6-11-28 No Cause of Action Created
Status: in_force

Nothing contained in this article shall be construed to grant or create a cause of action or right to recover punitive damages.
Ala. Code § 6-6-298 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-298
Section 6-6-298 Two Judgments in Defendant’s Favor Bar Further Action
Status: in_force

Two judgments in favor of the defendant in an action of ejectment or in an action in the nature of an action of ejectment between the same parties in which the same title is put in issue are a bar to any action for the recovery of the land, or any part thereof, between the same parties or their privies founded on the same title.
Ala. Code § 6-5-273 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-273
Section 6-5-273 Jurisdiction of Courts
Status: in_force

An action for recovery of damages and penalties under this article may be brought in any court of competent jurisdiction, including the small claims division of a district court in the county where the merchant is located, if the person or the parent or legal guardian of the unemancipated minor who committed the theft offense fails to make payment to the merchant of the amount specified in the demand within 30 days after the date of service of the written demand upon him or her, if the total damages do not exceed the jurisdictional limit of the small claims division.
Ala. Code § 6-6-503 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-503
Section 6-6-503 Enjoining Unauthorized or Unlawful Practice of Profession, Occupation, or Calling
Status: in_force

(a) The unauthorized or unlawful practice of any profession, occupation or calling by any person, firm, or corporation may be enjoined by any court of competent jurisdiction on complaint brought in the name of any public body or officer having authority conferred by statute to regulate or to license the activity engaged in by such person, firm, or corporation.

(b) The provisions of this section are cumulative. The authority conferred by the section is in addition to and supplementary to all other statutes, civil and criminal, dealing with the subject matter of this section. The section shall apply retrospectively and prospectively.
Ala. Code § 6-6-101 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-101
Section 6-6-101 Forfeiture of Bond; Execution on Bond
Status: in_force

When the property replevied is not delivered in 30 days after judgment against the defendant in attachment, the sheriff shall return the bond forfeited, and execution must be issued thereon against the principal and sureties for the amount of the value of the property replevied, as fixed by the sheriff or other officer making the levy, with interest thereon from the date of the bond and for the cost of the replevy and of the execution, unless such value is greater than the amount of the judgment against the defendant, in which case the execution shall be for the amount of such judgment and costs.
Ala. Code § 6-6-145 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-145
Section 6-6-145 Suspending Entry of Judgment - Against Defendant While Claims, Etc., Settled
Status: in_force

No judgment can be entered against the defendant in attachment when a claim has been interposed to try the right of property or when the answer of the garnishee is contested or a contest has arisen about the title to, or interest in, the debt or demand, money or effects garnished until these questions are settled, unless other property or effects of the defendant are attached or garnished about which no contest has arisen or unless personal service by summons and complaint is had on the defendant.
Ala. Code § 6-9-148 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-148
Section 6-9-148 When Debtor Bound by Void Sale
Status: in_force

Where property is sold under void process and the proceeds are applied to valid liens against the defendant, or he receives the benefit thereof, he is bound thereby if present and not objecting to the sale.
Ala. Code § 6-6-75 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-75
Section 6-6-75 Alias Writs of Attachment or New Writs of Garnishment
Status: in_force

Alias writs of attachment or new writs of garnishment may be issued without a renewal of the bond or affidavit in cases where no property, or an insufficient amount thereof to satisfy the plaintiff’s demand, has been found, or when, pending the action, the plaintiff wishes to garnish other persons.
Ala. Code § 6-6-1 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-1
Section 6-6-1 Duty of Courts to Encourage Settlement of Pending Controversies
Status: in_force

It is the duty of all courts to encourage the settlement of controversies pending before them by a reference thereof to arbitrators chosen by the parties or their attorneys and, on motion of the parties, must make such order and continue the case for award.
Ala. Code § 6-5-210 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-210
Section 6-5-210 Rights Above and Below Surface
Status: in_force

The owner of realty having title downwards and upwards indefinitely, any unlawful interference with his rights, below or above the surface alike, gives him a right of action.
Ala. Code § 6-10-27 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-27
Section 6-10-27 Contest of Exemption Claim - Delivery of Personalty to Defendant Upon Executing Bond; Proceedings When Bond Not Forthcoming
Status: in_force

(a) When any contest of a claim of exemption to personal property has been instituted, the defendant claiming the exemption may, within five days after service of notice of the contest, deliver to the officer making the levy a bond in double the amount of the value of the property, to be fixed by, and with sureties to be approved by, the officer, payable to the plaintiff and conditioned that if the defendant is not successful in the contest, he or she will, within 30 days thereafter, deliver the property to such officer and will pay all costs and damages that may result from its detention. Thereupon, the property shall be delivered to the defendant.

(b) If the defendant fails to deliver such bond within the five days allowed him or her and the plaintiff shall, within five days thereafter, deliver to the officer a bond in the amount, and with the sureties, provided in subsection (a) of this section, conditioned that if the plaintiff is not successful in the contest, he or she will, within 30 days thereafter, deliver the property to the defendant and pay all costs and damages that may result from the detention thereof, the property shall be delivered to the plaintiff; but if the plaintiff fails to deliver such bond within the five days allowed, the property must be returned to the defendant without bond.
Ala. Code § 6-8-81 — Alabama Code / Title 6 / Chapter 8 / Section 6-8-81
Section 6-8-81 Debt or Liquidated Demand Due Comaker or Principal
Status: in_force

A comaker or surety against whom an action is commenced jointly or alone may, with the consent of his comaker or principal, counterclaim a debt or liquidated demand due from the plaintiff at the commencement of the action to such comaker or principal.
Ala. Code § 6-5-640 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-640
Section 6-5-640 Scope and Effect on Other Laws or Rules
Status: in_force

This article shall apply to and govern all civil class actions brought in the state courts of Alabama pursuant to Alabama Rule of Civil Procedure 23. The provisions of this article, where inconsistent with any Alabama Rule of Civil Procedure, including, but not limited to, Ala. R. Civ. P. 23, shall supersede such rules or parts of rules.
Ala. Code § 6-9-2 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-2
Section 6-9-2 Right of Surety Paying Judgment or Execution
Status: in_force

The surety paying off such judgment or execution shall have control thereof and the same right to enforce it as the plaintiff would have had, but for the payment.
Ala. Code § 6-5-160.4 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-160.4
Section 6-5-160.4 Violation, Suspension, Cancellation of Abatement Order
Status: in_force

(a) A violation of any court order issued pursuant to this division is punishable as a contempt of court by a fine of not less than five hundred dollars ($500) nor more than thirty thousand dollars ($30,000), or by imprisonment for not more than one year, or both. At least one-half of all fines collected as punishment for contempt shall be paid into the general fund of the county if the action against the defendant was commenced by the county governing body or a county government agency. Evidence concerning the duration and repetitive nature of the violations shall be considered by the court in determining the penalty for contempt.

(b) Upon finding that a defendant has willfully violated an order issued pursuant to this division, the court may issue any additional orders necessary to abate the nuisance or to carry out the punishment for contempt.

(c) The court may suspend the effectiveness of an order of abatement for no more than 90 days if the owner of the property establishes that he or she had no knowledge of the nuisance, and could not reasonably be expected to have knowledge, and the owner avers under oath that he or she will immediately undertake specified measures to abate the nuisance for the following two-year period. An abatement order issued pursuant to this subsection may not be issued for the benefit of a defendant who has been found in contempt of court as part of the same action. An order issued pursuant to this subsection is a suspension and is not a withdrawal of the original order.

(d) The courts shall cancel the order of abatement if the owner of the property satisfies the court that the nuisance has been abated for the past 90 days, and posts a bond in an amount to be determined by the court, which shall be immediately forfeitable if the nuisance recurs during the following two-year period.
Ala. Code § 6-5-551 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-551
Section 6-5-551 Complaint to Detail Circumstances Rendering Provider Liable; Discovery
Status: in_force

In any action for injury, damages, or wrongful death, whether in contract or in tort, against a health care provider for breach of the standard of care, whether resulting from acts or omissions in providing health care, or the hiring, training, supervision, retention, or termination of care givers, the Alabama Medical Liability Act shall govern the parameters of discovery and all aspects of the action. The plaintiff shall include in the complaint filed in the action a detailed specification and factual description of each act and omission alleged by plaintiff to render the health care provider liable to plaintiff and shall include when feasible and ascertainable the date, time, and place of the act or acts. The plaintiff shall amend his complaint timely upon ascertainment of new or different acts or omissions upon which his claim is based; provided, however, that any such amendment must be made at least 90 days before trial. Any complaint which fails to include such detailed specification and factual description of each act and omission shall be subject to dismissal for failure to state a claim upon which relief may be granted. Any party shall be prohibited from conducting discovery with regard to any other act or omission or from introducing at trial evidence of any other act or omission.
Ala. Code § 6-6-144 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-144
Section 6-6-144 Suspending Entry of Judgment - Against Executor or Administrator
Status: in_force

No judgment can be entered against an executor or administrator upon his answer in attachment, or garnishment, until six months after the grant of letters testamentary or of administration.
Ala. Code § 6-5-685 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-685
Section 6-5-685 Application of Article
Status: in_force

This article shall apply to any civil action asserting an asbestos claim in which the trial has not commenced as of September 1, 2011.
Ala. Code § 6-6-9 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-9
Section 6-6-9 Subpoena of Witnesses - Liability on Default
Status: in_force

Any witness duly summoned who fails to attend without sufficient excuse may be fined $10 for the use of the county, for the collection of which the arbitrators must issue execution; and such defaulting witness is also liable to the party summoning him for any injury sustained by the loss of his testimony, to be recovered before any court having jurisdiction.
Ala. Code § 6-2-8 — Alabama Code / Title 6 / Chapter 2 / Section 6-2-8
Section 6-2-8 Suspension of Limitation - Disabilities
Status: in_force

(a) If anyone entitled to commence any of the actions enumerated in this chapter, to make an entry on land or enter a defense founded on the title to real property is, at the time the right accrues, below the age of 19 years, or insane, he or she shall have three years, or the period allowed by law for the commencement of an action if it be less than three years, after the termination of the disability to commence an action, make entry, or defend. No disability shall extend the period of limitations so as to allow an action to be commenced, entry made, or defense made after the lapse of 20 years from the time the claim or right accrued. Nothing in this section shall be interpreted as denying any imprisoned person the right to commence an action enumerated in this chapter and to make any proper appearances on his or her behalf in such actions.

(b) If anyone entitled to commence any of the actions enumerated in this chapter is, at the time the right accrues, below the age of 19 years, or insane, and the injury upon which the action is based arises from a sex offense as described in Section 15-20A-5, he or she shall have six years after the termination of the disability to commence the action.

(c) When both disabilities coexist at the time the claim accrued, the limitation does not attach until both are removed.

(d) A disability which did not exist when a claim accrued does not suspend the operation of the limitation unless the contrary is expressly provided.
Ala. Code § 6-6-284 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-284
Section 6-6-284 Disclaimer of Possession by Defendant
Status: in_force

Along with any other defenses he may have in an action of ejectment or in an action in the nature of ejectment, the defendant may disclaim possession of the premises sued for in whole or in part. If the defendant pleads the defense of disclaimer only and no other, the plaintiff may take judgment or may take issue; and, if the issue is found for him, he is entitled to judgment as if the defendant had, in an action of ejectment, entered into the consent rule, confessing possession as well as lease, entry, and ouster or, in an action in the nature of an action of ejectment, had admitted possession.
Ala. Code § 6-6-590 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-590
Section 6-6-590 Right of Action and Venue - Vacating Charter or Annulling Existence of Corporation
Status: in_force

(a) An action may be commenced under this article, in the name of the state, against the offending corporation, on the information of any person for the purpose of vacating the charter or annulling the existence of any corporation, other than municipal, whenever such corporation:

(1) Offends against any of the acts creating, altering, or renewing such corporation;

(2) Violates the provisions of any law, by which such corporation forfeits its charter, by abuse of its powers;

(3) Has forfeited its privileges or franchises by failure to exercise its powers;

(4) Has done or omitted any act which amounts to a surrender of its corporate rights, privileges, and franchises; or

(5) Exercises a franchise or privilege not conferred on it by law.

(b) The judge of the circuit court, whenever he believes that any of the acts or omissions specified in subsection (a) of this section can be proved and it is necessary for the public good, must direct the district attorney to commence an action, or an action may be commenced without the direction of the judge on the information of any person giving security for the costs of the action, to be approved by the clerk of the court in which the action is commenced.

(c) Actions under this section must be commenced in the circuit court of the county in which the corporation has its principal office or, if it has no principal office, of any county in which it does business; or if it has no principal office and is doing no business in the state, such action may be commenced in any county.
Ala. Code § 6-12A-1 — Alabama Code / Title 6 / Chapter 12A / Section 6-12A-1
Section 6-12A-1 Short Title
Status: in_force

This chapter may be cited as the Tobacco Master Settlement Complementary Legislation Act.
Ala. Code § 6-5-346 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-346
Section 6-5-346 Defense of Self, Others, and Property
Status: in_force

(a) As used in this section, property shall mean real property and buildings, structures, and improvements thereon.

(b) Any person who unlawfully enters or attempts to enter upon the property of another for the purposes of engaging in criminal conduct, for purposes of civil liability only, assumes the risk for any injury caused or resulting to him or her due to the commission or effort to commit criminal conduct; provided the property owner acts as a reasonably prudent person would act under same or similar circumstances. The owner and his or her agents shall be immune from any civil liability due to the reasonable and proportionate acts of the owner or his or her agents in resisting the commission of the criminal conduct; provided that the person acts as a prudent person would act under same or similar circumstances.

(c) The provisions of this section do not apply to the creation of a hidden hazardous or hidden dangerous condition on the property designed to prevent criminal conduct or cause injury to a person engaging in criminal conduct.
Ala. Code § 6-5-142 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-142
Section 6-5-142 By Whom Action to Abate and Perpetually Enjoin Nuisance Commenced
Status: in_force

Whenever a nuisance exists, the Attorney General of the state, the district attorney or assistant district attorney, or any citizen or citizens may commence an action in the name of the State of Alabama, upon the relation of such Attorney General or such other officer or person to abate such nuisance and to enjoin perpetually the person or persons maintaining the same from further maintenance thereof.
Ala. Code § 6-5-571 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-571
Section 6-5-571 Short Title
Status: in_force

This article may be cited and known as “The Alabama Legal Services Liability Act.”
Ala. Code § 6-6-545 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-545
Section 6-6-545 Costs. (Amended by Act 2026-536)
Status: in_force

AMENDED BY ACT 2026-536, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

No judgment for costs shall be had under this division against a defendant who suffers a judgment by default against him or who, in his answer, disclaims all title to, interest in, or encumbrance on the lands; but the court shall, in those cases, without further proof, adjudge that such defendant has no estate or interest in or encumbrance on such lands, or any part thereof. Any defendant who shall, by answer under oath, deny that he claims, or ever has claimed, or pretended to have any estate, interest, or encumbrance in, or upon, such lands, or any part thereof, shall be entitled to recover his costs in the action.
Ala. Code § 6-6-187 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-187
Section 6-6-187 Subjecting Unpaid Subscriptions to Satisfy Payment of Judgment Against Corporation
Status: in_force

A judgment creditor of a corporation, having an execution returned, “no property found,” may, by complaint in a court of competent jurisdiction, subject to the payment of his judgment the unpaid subscription of one or more stockholders in such corporation without joining the other stockholders and without regard to whether the corporation has called for such subscription or could commence an action therefor against the stockholder.
Ala. Code § 6-5-224 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-224
Section 6-5-224 Causes of Action Barred Under Existing Law
Status: in_force

This article shall not be construed to create any cause of action against, or impose any liability on, or revive any cause of action barred under existing law against any architects, engineers, or builders, or any licensed real estate brokers or salesmen, or any other persons.
Ala. Code § 6-6-792 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-792
Section 6-6-792 Duties of Owner and Mortgagor
Status: in_force

(a) An owner and a mortgagor shall do all of the following:

(1) Preserve and turn over to the receiver all receivership property in the owner’s possession, custody, or control.

(2) Identify all records and other information relating to the receivership property, including a password, authorization, or other information needed to obtain or maintain access to or control of the receivership property, and make available to the receiver the records and information in the owner’s possession, custody, or control.

(3) On subpoena, submit to examination under oath by the receiver concerning the acts, conduct, property, liabilities, and financial condition of the owner or any matter relating to the receivership property or the receivership.

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

(5) Assist and cooperate with the receiver in the administration of the receivership and the undertaking of the receiver’s duties in accordance with the intent of this subsection.

(b) If an owner is a person other than an individual, this section applies to each officer, director, manager, member, partner, trustee, or other person exercising or having the power to exercise control over the affairs of the owner.

(c) If a person knowingly fails to perform a duty imposed by this section, the court may do any of the following:

(1) Award the receiver actual damages caused by the person’s failure, reasonable attorney fees, and costs.

(2) Sanction the failure as civil contempt.
Ala. Code § 6-5-753 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-753
Section 6-5-753 Commencement of Action
Status: in_force

(a) All actions against a manufacturer in tort, contract, or otherwise for death or injury to person or damage to property arising out of an accident shall be commenced within two years next after a cause of action accrues, and not thereafter. Causes of action for wrongful death accrue upon the death of the testator or intestate.

(b) Notwithstanding subsection (a), and except as provided in subsections (c) and (d), no action for death or injury to a person or damage to property arising out of an accident may be brought against a manufacturer if any of the following circumstances apply:

(1) The accident occurred after the applicable repose period beginning on either:

a. The date of delivery of the aircraft to its first purchaser or lessee, if delivered directly from the manufacturer.

b. The date of first delivery of the aircraft to a person engaged in the business of selling or leasing such aircraft.

(2) The accident occurred with respect to any new component, system, subassembly, or other part that replaced another component, system, subassembly, or other part originally in, or that was added to, the aircraft, and that is alleged to have been a proximate cause of an accident, after the applicable repose period beginning on the date of completion of the replacement or addition.

(c) If a cause of action accrues prior to the expiration of the repose period, an action may be brought within two years of accrual even though it extends beyond the repose period.

(d) Subsection (b) does not apply to any of the following circumstances:

(1) The claimant pleads with specificity the facts necessary to prove, and proves, that the manufacturer with respect to a type certificate or airworthiness certificate for, or obligations with respect to continuing airworthiness of, an aircraft or a component, system, subassembly, or other part of an aircraft knowingly misrepresented to the Federal Aviation Administration or other airworthiness authority, or concealed or withheld from the Federal Aviation Administration or other airworthiness authority, required information that is material and relevant to the performance or the maintenance or operation of such aircraft, or the component, system, subassembly, or other part, that is causally related to the harm that the claimant allegedly suffered.

(2) The person for whose injury or death the claim is being made was not aboard the aircraft at the time of the accident.

(3) An action is brought under a written warranty enforceable under law but for the operation of this section.
Ala. Code § 6-9-144 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-144
Section 6-9-144 Purchaser Owner of Stock, Etc., Sold
Status: in_force

The purchaser of any stock, share, interest, or judgment of the defendant, sold under execution or attachment, shall become the owner thereof in the same manner as if it had been regularly assigned to him by the defendant.
Ala. Code § 6-5-520 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-520
Section 6-5-520 Intent of Legislature; Legislative Findings; Collateral Source Rule Modified
Status: in_force

The Legislature finds that product liability litigation has increased substantially and the cost of such litigation has risen in recent years. The Legislature further finds that these increases have an impact upon the price and availability of products. It is the belief of the Legislature that there are special reasons for modifying the collateral source rule in this state as it applies to product liability actions. The Legislature finds that the recovery by plaintiffs of medical and hospital expenses as damages where plaintiffs are reimbursed for the same medical and hospital expenses from other sources contributes to the increase in the cost of product liability litigation. It is the intent of the Legislature that plaintiffs be compensated fully for any medical or hospital expenses incurred as a result of injuries sustained from a breach of product liability laws, but that plaintiffs not receive compensation more than once for the same medical and hospital expenses.
Ala. Code § 6-5-333 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-333
Section 6-5-333 Dentists, Chiropractors, and Physicians Serving on Utilization and Quality Control Committees, Peer Review Committees, or Professional Standards Review Committees; Consultants Thereto and Employees Thereof; Dental, Chiropractic and Medical Societies and Associations; Appeal to Alabama Dental Association; Confidentiality
Status: in_force

(a) Any dentist, chiropractor, or physician licensed to practice medicine in Alabama who serves on a peer review or a utilization and quality control committee or professional standards review committee or a similar committee or a committee of similar purpose or any dentist, physician, chiropractor, or individual who serves as a consultant or employee to one of said committees established either by a dental society or dental association or by a chiropractic society or chiropractic association or by a state medical association or county medical society to review any aspect of dental care, chiropractic care, or medical care at the request of a government agency, a patient, dentist, provider of dental benefits, chiropractor, provider of chiropractic benefits, physician licensed to practice medicine in Alabama, or third party insurer shall not be liable to any person for damages as a result of any action taken or recommendation made by him within the scope of his function as a member of or employee or consultant to such review committee if such action was taken or recommendation made without malice and in a reasonable belief that such action or recommendation is warranted by the facts made known to him. No dental association or dental society, chiropractic association or chiropractic society, or state medical association or county medical society shall be liable for damages for any action taken or recommendation made by a review committee or any member of said committee or consultants or employees to said committee.

(b) Within the words and meaning of this section, a “committee” shall mean members of a committee of dentists, chiropractors, or physicians licensed to practice medicine in Alabama formed or appointed to evaluate the diagnosis or the performance of services of other dentists or dental auxiliary personnel, chiropractors or chiropractic auxiliary personnel or physicians licensed to practice medicine in Alabama or physician auxiliary personnel when such evaluation is requested by a government agency, by the fiscal intermediary responsible for the administration of group health care programs, by the recipient of dental, chiropractic, or medical services, or by a dentist, chiropractor, or physician licensed to practice medicine in Alabama.

(c) The provider or recipient of dental services evaluated by a review committee described in subsections (a) and (b) of this section shall have the right to appeal the decisions of said review committee to the Alabama Dental Association. No provider of dental care services or recipient of same or fiscal intermediary or government agency shall be bound by a ruling of a review committee established pursuant to this section on a controversy, dispute, or question unless he agrees in advance either specifically or generally to be bound by the ruling.

(d) All information, interviews, reports, statements, or memoranda furnished to any committee as defined in this section, and any findings, conclusions, or recommendations resulting from the proceedings of such committee are declared to be privileged. The records and proceedings of any such committees shall be confidential and shall be used by such committee and the members thereof only in the exercise of the proper functions of the committee and shall not be public records nor be available for court subpoena or for discovery proceedings. Nothing contained herein shall apply to records made in the regular course of business by a hospital, dentist, dental auxiliary personnel, chiropractor, chiropractic auxiliary personnel, physician, physician auxiliary personnel, or other provider of health care and information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented during proceedings of such committee.
Ala. Code § 6-6-202 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-202
Section 6-6-202 Statement of Assets - Refusal to File or Submit to Oral Examination
Status: in_force

The willful refusal to file such statement as provided for in this division or to appear and submit to such oral examination shall constitute a contempt of court, and the person so adjudged by the court to be guilty of such contempt may be punished within the discretion of the court as now provided by law in cases of contempt of court.
Ala. Code § 6-5-332.4 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-332.4
Section 6-5-332.4 Persons Who Rescue Child or Incapacitated Person from Unattended Motor Vehicle
Status: in_force

(a) As used in this section, the following terms shall have the following meanings:

(1) INCAPACITATED PERSON. A person as defined in Section 26-2A-20.

(2) MOTOR VEHICLE. A motor vehicle as defined in Section 32-1-1.1.

(b) A person who enters a motor vehicle by force or otherwise, for the purpose of removing a child or an incapacitated person from the vehicle shall be immune from civil liability for damage to the motor vehicle if the person meets all of the following requirements:

(1) Determines the motor vehicle is locked or there is otherwise no reasonable method for the child or incapacitated person to exit the motor vehicle without assistance.

(2) Has a good faith and reasonable belief, based upon the known circumstances, that entry into the motor vehicle is necessary because the child or incapacitated person is in imminent danger of suffering harm.

(3) Ensures that law enforcement is notified or 911 called before entering the motor vehicle or immediately thereafter.

(4) Uses no more force to enter the motor vehicle and remove the child or incapacitated person than is necessary.

(5) Remains with the child or incapacitated person in a safe location in reasonable proximity to the motor vehicle until law enforcement or other first responders arrive.
Ala. Code § 6-6-802 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-802
Section 6-6-802 Final Report of Receiver; Discharge
Status: in_force

(a) If required by the court, on completion of a receiver’s duties, the receiver shall file a final report including all of the following:

(1) A description of the activities of the receiver in the conduct of the receivership.

(2) A list of receivership property at the commencement of the receivership and any receivership property received during the receivership.

(3) A list of disbursements, including payments to professionals engaged by the receiver.

(4) A list of dispositions of receivership property.

(5) A list of distributions made or proposed to be made from the receivership for creditor claims.

(6) If not filed separately, a request for approval of the payment of fees and expenses of the receiver.

(7) Any other information required by the court.

(b) If the court requires a final report, the receiver is discharged when the court approves the final report filed under subsection (a) and the receiver distributes all receivership property.

(c) If the court does not require a final report, the receiver is discharged upon distribution of all receivership property.
Ala. Code § 6-6-570 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-570
Section 6-6-570 Judgment - Recordation
Status: in_force

(a) The court, in the judgment, shall order that a certified copy of the judgment be recorded in the office of the judge of probate for the county in which the lands lie, and direct in whose names the judgment shall be indexed on the direct index and in whose names the judgment shall be indexed on the indirect index of the record.

(b) Within 30 days after the judgment becomes final, with no possibility of post-trial motions or appellate review , the judge of probate shall accept from the prevailing counsel or party a certified copy of the judgment in the office of the judge of probate for record and tax the expense thereof as part of the cost of the case. The judge of probate shall record the copy in the same book and manner in which deeds are recorded and index the same as in the judgment ordered or directed. The judgment shall be binding upon all persons except as is provided in this division.
Ala. Code § 6-11-57 — Alabama Code / Title 6 / Chapter 11 / Section 6-11-57
Section 6-11-57 Applicability
Status: in_force

This article shall apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after the 30th day after July 1, 2006; provided, however, that nothing contained herein shall imply that any transfer under a transfer agreement reached prior to such date is either effective or ineffective.
Ala. Code § 6-2-12 — Alabama Code / Title 6 / Chapter 2 / Section 6-2-12
Section 6-2-12 Computation of Time - Stays by Injunction or Statutory Prohibition
Status: in_force

When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not computed as a part of the limitation time.
Ala. Code § 6-6-79 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-79
Section 6-6-79 Proceedings Against Sheriff and Sureties for Money Received in Sale of Perishables
Status: in_force

The sheriff and his sureties, or either of them, may be proceeded against by motion, on one day’s notice, at the instance of the plaintiff or of the defendant if the plaintiff fails in the action for any money received for the sale of perishable property and judgment entered against him, or them, for the amount and five percent a month from the time of the demand.
Ala. Code § 6-7-70 — Alabama Code / Title 6 / Chapter 7 / Section 6-7-70
Section 6-7-70 Commencement of Action Against Partnership in Common Name or Against Any Associates Thereof
Status: in_force

Two or more persons associated together as partners in any business or pursuit who transact business under a common name, whether it comprises the names of such persons or not, may be sued by their common name in all civil actions, whether hitherto denominated as legal or equitable in nature; and the judgment in the action binds the joint property of all the associates in the same manner as if all had been named defendants, had been sued upon their joint liability and served with process. Any one or more of the associates, or their legal representatives, may also be sued for the obligation of all.
Ala. Code § 6-8-40 — Alabama Code / Title 6 / Chapter 8 / Section 6-8-40
Section 6-8-40 Subscribing, Taking, and Filing of Weekly Newspapers by Probate Judges
Status: in_force

(a) Required. The judges of the several courts of probate must subscribe for, take and file in their respective offices one copy of each weekly newspaper published in their respective counties and, as soon as practicable after the end of each year, shall cause the number of such papers for the preceding year to be well bound and shall keep the same safely in their respective offices as the property of their respective counties. The respective county commissions must allow to such officers the sums paid by them for such subscription and binding.

(b) Exceptions. The duties imposed in subsection (a) of this section shall be and remain subject to such exceptions and modifications as have heretofore or as may hereafter be provided by law with respect to particular counties, however identified.

(c) Newspaper not published in county. If in any county there is no newspaper published, such officers may take and bind the papers of any adjoining county, in which the public printing and advertising of such county may be done.
Ala. Code § 6-5-50 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-50
Section 6-5-50 Who May Commence
Status: in_force

When a penalty is imposed by a statute which does not provide a mode for the recovery, any citizen may commence an action for the same on behalf of himself and the county in which the penalty is incurred.
Ala. Code § 6-6-142 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-142
Section 6-6-142 Dismissal of Attachment
Status: in_force

An attachment issued without affidavit and bond, as prescribed in Division 2 of this article, may be dismissed on motion of the defendant, filed within 30 days after service of summons on a complaint.
Ala. Code § 6-10-40 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-40
Section 6-10-40 Sale of Land and Separation of Homestead Interest from That of Alienee. (Amended by Act 2026-203)
Status: in_force

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

When the homestead, after being reduced to the lowest practicable area, exceeds $5,000 in value and the husband or wife has aliened the same by deed, mortgage, or other conveyance without the voluntary signature and assent of the spouse, shown and acknowledged as required by law, the alienor or, if he or she fails to act, the spouse or, if there is no spouse or if he or she fails to act, their minor child or children may, by filing a complaint, have the land sold and the homestead interest separated from that of the alienee.
Ala. Code § 6-2-30 — Alabama Code / Title 6 / Chapter 2 / Section 6-2-30
Section 6-2-30 Commencement of Actions - Generally; Actions for Injuries Resulting from Exposure to Asbestos
Status: in_force

(a) All civil actions must be commenced after the cause of action has accrued within the period prescribed in this article and not afterwards, unless otherwise specifically provided for in this code.

(b) A civil action for any injury to the person or rights of another resulting from exposure to asbestos, including asbestos-containing products, shall be deemed to accrue on the first date the injured party, through reasonable diligence, should have reason to discover the injury giving rise to such civil action. This subsection shall not apply to or affect in any way, actions referred to in Section 6-5-482.
Ala. Code § 6-5-710 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-710
Section 6-5-710 Definitions
Status: in_force

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

(1) AWARDING AUTHORITY.

a. The Alabama Department of Transportation, if the project is either for, or is funded in whole or in part by, the State of Alabama to construct, repair, resurface, refurbish, replace, remove, modify, alter, or otherwise improve any public or private infrastructure, including any public-private partnership project, for which construction monitoring services are contracted.

b. A county, city, town, or municipality that appropriates public funds for the construction, repair, resurfacing, refurbishment, replacement, removal, modification, alteration, or other improvement of any public or private infrastructure, including any public-private partnership project, for which construction monitoring services are contracted.

c. All other state, county, or municipal boards, bodies, commissions, agencies, departments, institutions, and instrumentalities, and their political subdivisions, that appropriate public funds for the construction, repair, resurfacing, refurbishment, replacement, removal, modification, alteration, or other improvement of any public or private infrastructure, including any public-private partnership project, for which construction monitoring services are contracted.

(2) CONSTRUCTION MONITORING SERVICES. The monitoring, review, observation, or inspection of the contractor’s work on behalf of the awarding authority to determine the contractor’s compliance with the plans and specifications issued for that project, sometimes referenced in the industry as “construction engineering inspection.”

(3) PLANS AND SPECIFICATIONS. Engineering designs, drawings, plans and specifications, or other design products prepared by or on behalf of an awarding authority by a licensed and registered professional engineer, and issued to a contractor by the awarding authority for the purpose of constructing, repairing, resurfacing, refurbishing, removing, replacing, modifying, altering, or otherwise improving any public or private infrastructure.

(4) PROFESSIONAL FIRM. A corporation, company, partnership, sole proprietorship, professional corporation, limited liability company, or other entity that is duly qualified by the Secretary of State to conduct business in Alabama, and that has been issued a certificate of authorization by the State of Alabama Board of Licensure for Professional Engineers and Land Surveyors pursuant to Chapter 11 of Title 34, to engage in the practice of engineering.

(5) PUBLIC OR PRIVATE INFRASTRUCTURE. Shall include but not be limited to highways, roads, streets, overpasses, bridges, utilities, rights-of-way, airports, runways and taxiways, water ports, waterways, bays, rivers, and streams, railways, and all other assets or conveyances of convenience, safety, or transportation, including all appurtenances thereto, located in whole or in part within the borders of the State of Alabama, whether publicly or privately owned.
Ala. Code § 6-2-6 — Alabama Code / Title 6 / Chapter 2 / Section 6-2-6
Section 6-2-6 Commencement of Limitation - Principal Against Deputy or Agent
Status: in_force

When an injury arises from the act or omission of a deputy or agent, the time for the limitation of an action by the principal against such deputy or agent does not commence to run until the liability of the principal for the act or omission of such deputy or agent is ascertained by an action of the party aggrieved against the principal.
Ala. Code § 6-6-6 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-6
Section 6-6-6 Arbitrators - Oath
Status: in_force

Before making their award, the arbitrators must be sworn impartially to determine the matters submitted to them, according to the evidence and the manifest justice and equity of the case, to the best of their judgment and without favor or affection, which oath they may administer to each other or may be administered to them by any officer authorized to administer oaths.