Ala. Code § 12-2-17 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-17
Section 12-2-17 Establishment of Additional Duties for Judges
Status: in_force

The Supreme Court may, by rules of court, establish additional duties for judges either within or without the geographical boundaries of the court of the judge when such is, in the opinion of a majority of the court, necessary to properly serve the administration of justice.
Ala. Code § 12-5-14 — Alabama Code / Title 12 / Chapter 5 / Section 12-5-14
Section 12-5-14 Employment of Consultants by Chief Justice and Administrative Director of Courts
Status: in_force

In connection with the functions of conducting studies and projects pertaining to improvements in the administration of justice, the improvement of courts in Alabama and continuing legal and judicial education, the Chief Justice or the Administrative Director of Courts is authorized and empowered to employ consultants and consultant firms in connection therewith and to contract with the same for their services at such compensation and for such time as he determines to be advisable. Such contracts with such consultants or consultant firms shall be considered as contracts for professional services.
Ala. Code § 12-3-18 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-18
Section 12-3-18 Reporting of Opinions and Decisions of Courts
Status: in_force

The reporter decisions of the Supreme Court and courts of appeals shall report the opinions and decisions of the courts of appeals in all respects as he is now or hereafter may be required by law to report the decisions and opinions of the Supreme Court.
Ala. Code § 12-17-210 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-210
Section 12-17-210 Qualifications for Supernumerary Status - Elected District Attorneys Generally
Status: in_force

(a) Any district attorney, former district attorney or former circuit solicitor of this state: (1) Who has served continuously for 15 years as district attorney, former district attorney or former circuit solicitor and who is not less than 60 years of age and who has become permanently and totally disabled, proof of such disability being made by certificates of three reputable physicians; or (2) Who has served continuously for 15 years as district attorney, former district attorney or former circuit solicitor and/or as a judge of a court of record and who is not less than 65 years of age; or who has served as such continuously for more than 15 years and has attained age 65 less one year for each year of service in excess of 15 years and who is still in service as such district attorney or judge of a court of record; or (3) Who has served continuously for 10 years as district attorney, former district attorney or former circuit solicitor and who is not less than 70 years of age; or (4) Who has served continuously for not less than 15 years as district attorney, former district attorney or former circuit solicitor and/or as a judge of a court of record and who is not less than 70 years of age;

may elect to become supernumerary district attorney of the state by filing a written declaration to that effect with the Governor.

(b) Any district attorney, former district attorney or former circuit solicitor who has served in that office as district attorney for not less than 24 years, or for not less than six terms, the last 10 years of such service having been continuous, may elect to become a supernumerary district attorney of the state by filing a written declaration to that effect with the Governor at any time not more than 90 days prior to the end of the 24-year period.

(c) This section shall apply only to district attorneys, former district attorneys or former circuit solicitors who have been elected to that office.
Ala. Code § 12-23A-7 — Alabama Code / Title 12 / Chapter 23A / Section 12-23A-7
Section 12-23A-7 Drug Testing Procedures
Status: reserved

THIS SECTION WAS REPEALED BY ACT 2025-183, EFFECTIVE OCTOBER 1, 2025.
Ala. Code § 12-21-83 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-83
Section 12-21-83 Validity of Unsworn Declaration
Status: in_force

(a) Except as otherwise provided in subsection (b), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this subdivision has the same effect as a sworn declaration.

(b) This subdivision does not apply to:

(1) a deposition;

(2) an oath of office;

(3) an oath required to be given before a specified official other than a notary public;

(4) a declaration to be recorded pursuant to Title 35;

(5) an oath required by Sections 43-8-132 and 43-8-133; or

(6) a durable power of attorney executed pursuant to Chapter 1 of Title 26.
Ala. Code § 12-2-35 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-35
Section 12-2-35 Notification of Chief Justice by Judge or District Attorney Unable to Attend Court; Designation of Judge or District Attorney to Attend and Hold Court
Status: in_force

Whenever the judge or the district attorney of the court shall be unable to attend such court, he shall notify the Chief Justice, and the Chief Justice shall designate some other judge or district attorney, as the case may be, not then engaged elsewhere to attend and hold said court or discharge the duties of district attorney or judge, as the case may be.
Ala. Code § 12-16-221 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-221
Section 12-16-221 Disclosures in Aid of Law Enforcement Investigations and in Public Interest
Status: in_force

A district attorney or other prosecutor may, in his or her discretion, disclose evidence taken within or before the grand juries of such circuit to law enforcement officers for the purpose of bona fide investigations into violations of criminal law.

A district attorney or a circuit judge, in the public interest, may disclose the date, time and place that a particular case will be or was presented to a grand jury, or that a particular matter or case was continued by a grand jury and to what date, if any, or that a no bill or an indictment was returned thereon, or that a particular defendant was otherwise exonerated or falsely accused.
Ala. Code § 12-19-51 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-51
Section 12-19-51 Submission of Cost Bill by District Court Clerk, Payment of Circuit Court Docket Fee and Making of Final Assessment of Costs in Circuit Court Upon Appeals from District Courts to Circuit Courts
Status: in_force

If an appeal to the circuit court is taken in a civil case, the clerk in making records available to the circuit court shall submit a cost bill from the district court and the final assessment of cost will be made in the circuit court.

The appellant shall pay the circuit court docket fee and all unpaid court costs from both district court and circuit court will be assessed as costs on final judgment.
Ala. Code § 12-1-11 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-11
Section 12-1-11 Appeal to Appellate Court by Attorney or Officer from Judgment of Contempt
Status: in_force

Any attorney or officer who is ordered to be punished for a contempt in the circuit court may appeal to the appropriate appellate court and may stay the execution of any fine or sentence imposed by the execution of a bond, payable to the state, with two sufficient sureties, to be approved by the tribunal appealed from, in a penalty to be fixed by said tribunal, not exceeding $300.00, conditioned to pay the fine and costs, in case of affirmance in whole or in part.

The appellant shall be entitled to bail in such cases upon the execution of an appearance bond, with two or more such sureties, in the penalty of $300.00, payable to the state, conditioned to appear in the court to which his appeal is prosecuted and to abide the result of such appeal, which maybe approved by the sheriff or other officer in whose custody the appellant may be.

On such appeal the question shall be whether the appellant was guilty of contempt, and the sentence or order of the court below may be affirmed, reversed, annulled or modified, according to the judgment of the appellate court. All such appeals shall be tried on the record, which shall be prepared and transmitted to the appropriate appellate court in accordance with the Alabama Rules of Appellate Procedure. On demand of any person so condemned, the judge shall make findings of fact upon which such judgment was predicated within one day from the filing or making of such demand.
Ala. Code § 12-19-43 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-43
Section 12-19-43 Payment of Fees for Services in Proceedings Before Judges of Probate; Security Deposits
Status: in_force

(a) Fees allowed by law in connection with proceedings before probate judges shall be collected either at the time the pleading is filed in probate court or at the termination of the suit, as determined by the court. Fees for transcripts of papers filed in the case to which parties are entitled as of course, shall be due when the service is performed.

(b) In cases where appropriate, the court may order that security deposits be deposited into the probate court to cover expected court costs. Any unused security deposits shall be returned to the person who made the deposit.
Ala. Code § 12-11A-3 — Alabama Code / Title 12 / Chapter 11A / Section 12-11A-3
Section 12-11A-3 Registration; Petition for Appointment
Status: in_force

(a) A former judge qualified under this chapter who wishes to serve as a private judge must register with the Director of the Alabama Center for Alternative Dispute Resolution. The director shall verify that the former judge is qualified to serve as a private judge and shall compile and periodically update a list of registered private judges. The list of registered private judges shall be made available by the center to the public and to all actively serving judges in the state. The center may charge private judges an annual registration fee.

(b) If the parties to an action wish to have the action heard before a private judge, all parties shall submit to the circuit clerk of the court in which the action is pending a written petition for the appointment of a private judge and consent to appointment from the private judge selected as described in subdivision (1) of subsection (b) of Section 12-11A-2.

(c) The clerk shall forward the petition to the presiding judge of the circuit in which the proceedings are pending who shall verify that the former judge is registered under this section and shall enter an order granting the petition and appointing the private judge selected by the parties.

(d) The petition for an appointment of a private judge in a proceeding may be filed contemporaneously with the filing of the action or any time after the action has been filed, but before the beginning of a trial.
Ala. Code § 12-23A-11 — Alabama Code / Title 12 / Chapter 23A / Section 12-23A-11
Section 12-23A-11 Liability
Status: in_force

(a) Absent negligence, wantonness, recklessness, or deliberate misconduct, any individual who, in good faith, provides services pursuant to this chapter shall not be liable in any civil action. The grant of immunity provided for in this subsection shall extend to all employees, administrative personnel, substance abuse and mental illness professionals, and accountability court team members, as well as volunteers.

(b) Any qualified individual who obtains, in a medically accepted manner, a specimen of breath, blood, urine, or other bodily substance pursuant to this chapter shall not be liable in any civil action.
Ala. Code § 12-17-21 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-21
Section 12-17-21 Judgeships to Be Numbered in Circuits with More Than One Judge; Candidates to Designate Judgeship for Which They Are Candidate
Status: in_force

In judicial circuits with more than one circuit judge, each judgeship shall be numbered. Candidates for the office of circuit judge in such circuits in any election shall designate the numbered judgeship for which they are a candidate.
Ala. Code § 12-15-502 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-502
Section 12-15-502 Referral of Multiple Needs Child Case to County Team
Status: in_force

After the filing of a petition alleging that a child is delinquent, dependent, or in need of supervision, or after the filing of a petition seeking mental commitment of a minor or child pursuant to Article 4, the juvenile court, on its own motion or motion of a party, may refer the above-referenced child to the county team for recommendation if the petition alleged or evidence reveals to the juvenile court that the child may be a multiple needs child. If the case involves a child in need of supervision, or a status offender as defined in subdivision (4) of Section 12-15-201, who is at imminent risk of being placed in the legal or physical custody of the Department of Human Resources, the juvenile court shall refer the case to the county team. This referral may occur prior to any hearing, or the juvenile court may suspend proceedings during the hearing or prior to disposition to review the findings and recommendations of the county team. Upon referral to the county children’s services facilitation team, the juvenile probation officer shall continue to provide case management to the status offender unless the county children’s services facilitation team appoints another person to act as case manager. The juvenile probation officer shall participate in county children’s services facilitation team meetings and share records information and reports on the status offender with the county children’s services facilitation team.
Ala. Code § 12-21-95 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-95
Section 12-21-95 Municipal Ordinances, Bylaws, and Resolutions
Status: in_force

Ordinances, bylaws and resolutions purporting to be published by authority of the council or other governing body in book or pamphlet form and any written or printed book, code or revision of the bylaws, resolutions or ordinances of any municipal corporation of this state purporting, on the face of the book or pamphlet, to be written or printed by authority or to be a code of ordinances, resolutions or bylaws of such municipal corporation or certified on such book or pamphlet under the hand of the clerk or recording officer of such corporation as being an official publication of ordinances, resolutions or bylaws of such municipal corporation and any such book or pamphlet certified by such official as correct shall be prima facie evidence of the due adoption, publication and continued existence of the bylaws, resolutions or ordinances therein written or printed or certified as correct, as of the dates mentioned or provided for therein, in any of the courts or in any legal proceedings in this state without further proof.
Ala. Code § 12-19-180 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-180
Section 12-19-180 Criminal History Processing Fee; Allocation of Monies; Access to Court Data from Within and Without Unified Judicial System; User Fees to Be Deposited in Court Automation Fund; Section Not Bar to Public Access to Court Records
Status: in_force

(a) In addition to all other costs, fees, or fines prescribed by law, each person convicted of a crime in a municipal, district, or circuit court, except traffic cases which do not involve driving under the influence of alcohol or controlled substances as set out in Section 32-5A-191, and conservation cases and juvenile cases, shall be assessed a criminal history processing fee of thirty dollars ($30). The assessment shall be automatically assessed by the clerk of the court upon conviction.

(b) There is created in the State Treasury a fund to be designated as the Public Safety Automated Fingerprint Identification System Fund, a fund to be designated as the Court Automation Fund, and a fund to be designated as the Criminal Justice Information System Automation Fund. Ten dollars ($10) of each additional fee collected pursuant to this section shall be deposited into the State Treasury to the credit of the Public Safety Automated Fingerprint Identification System Fund, five dollars ($5) to the Court Automation Fund, ten dollars ($10) to the Criminal Justice Information System Automation Fund, and five dollars ($5) to the Department of Forensic Sciences Forensic Services Fund. All money deposited in the State Treasury to the credit of the Public Safety Automated Fingerprint Identification System Fund shall be expended for operations and maintenance of the Automated Fingerprint Identification System. All money deposited in the State Treasury to the credit of the Court Automation Fund shall be expended for equipment, operations, supplies, maintenance, and training related to court automation, court cost collection and the timely and efficient processing of court cases, and for the other purposes enumerated in this section. All money deposited in the State Treasury to the credit of the Criminal Justice Information System Automation Fund shall be expended for equipment, operations, supplies, maintenance, and training related to the Criminal Justice Information System. All money deposited in the State Treasury to the credit of the Forensic Services Fund from the criminal history processing fee shall be expended for any purposes for which the Department of Forensic Sciences is authorized to expend funds appropriated to that department. No money shall be withdrawn or expended from these funds for any purpose unless the money has been allotted and budgeted in accordance with Article 4 (commencing with Section 41-4-80) of Chapter 4 of Title 41, and only in the amounts and for the purposes provided by the Legislature in the general appropriations bill or other appropriation bills.

(c) All data collected and maintained in the State Judicial Information System from the automated management systems operated by the Administrative Office of Courts and all manuals, forms, brochures, and publications developed by the Administrative Office of Courts shall be used to assist with the administrative and management needs of court officials and employees within the Unified Judicial System. The authority for control and dissemination of data from the system or distribution of judicial forms, manuals, and publications to any individuals, corporations, partnerships, or governmental associations outside the Unified Judicial System is vested in the Administrative Director of Courts.

(d) The Administrative Director of Courts shall promulgate policies and procedures, in conformity with rules adopted by the Supreme Court of Alabama, for the handling of applications for information from the State Judicial Information System and applications for court forms, manuals, and publications from all persons or entities outside the Unified Judicial System. The Administrative Director of Courts may establish in the policies and procedures, subscription, rental, or user fees, and other charges applicable to non-judicial system entities to be used to offset the costs involved in transferring or providing any information requested.

(e) All monies received by the Administrative Office of Courts from applications, user fees, service charges, subscriptions, donations, grants, leases, rentals, bequests, loans, or any other sources, either public or private, relating to the operation and administration of the State Judicial Information System or the publication and distribution of court forms and informational material shall be deposited in the Court Automation Fund. The fund shall be used to help defray the costs of maintenance, acquisition and operation of the computer system and the research, preparation, printing, and distribution of forms and manuals, which shall include, but not be limited to, equipment, supplies, line charges, printing, salaries for employees, and other incidental expenses required for the operation or expansion of the system or associated with developing and distributing informational materials.

(f) Nothing contained in this section shall be construed to prevent, prohibit, or otherwise limit or restrict public access to individual court records from the official custodians thereof, if the records are otherwise subject to public disclosure by law or court rule, nor shall anything in this section be construed to allow access to any court records which are not otherwise subject to public disclosure by law or court rule.

(g) No money deposited to the Court Automation Fund may be transferred for use by any other program or purpose within the Unified Judicial System.
Ala. Code § 12-16-203 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-203
Section 12-16-203 Finding of Indictments for Misdemeanors Generally
Status: in_force

The grand jury shall not be bound to find an indictment for any misdemeanor, where no prosecutor appears, unless 12 of their number think it necessary for the public good.
Ala. Code § 12-5-3 — Alabama Code / Title 12 / Chapter 5 / Section 12-5-3
Section 12-5-3 Department of Court Management Established; Powers and Duties Generally
Status: in_force

(a) There shall be a state department to be known as the Department of Court Management. This department shall be specifically charged with the duty of assisting the Chief Justice of the Supreme Court of Alabama in connection with his duties as the chief administrative officer of all the trial courts of this state, the Chief Justice’s task of insuring that the business of said courts of the state is attended with proper dispatch and the Chief Justice’s task of seeing that the dockets of such courts are not permitted to become congested and that trial of cases, civil and criminal, is not delayed unreasonably.

(b) The department shall also perform the following duties:

(1) It shall work with the clerks and registers of all civil and criminal trial courts in the state to collect, obtain, compile and digest information and statistics concerning the administration of justice in the state.

(2) It shall serve as an agency to apply for and receive any grants or other assistance and to coordinate and conduct studies and projects in connection with the improvement of the administration of justice and trial courts in Alabama, and it may conduct such studies and projects with or without the assistance of consultants.

(3) It shall assist the Judicial Conference in its tasks.

(4) It shall promote, carry on and assist in programs designed to aid in the continuing legal and judicial education of justices, judges, clerks, registers and other court personnel and to work with any organization or association of such officials.

(5) It shall perform such other duties as may be assigned by the Chief Justice of the Alabama Supreme Court.
Ala. Code § 12-17-226 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-226
Section 12-17-226 Definitions
Status: in_force

For purposes of this division, the following terms shall have the following meanings:

(1) ADMINISTRATION FEE. A fee imposed by the district attorney as a condition precedent to participation in a pretrial diversion program.

(2) COMMUNITY SERVICE. Work imposed as a condition of a pretrial diversion program that is intended for the common good of the community or to assist in restoration of the victim. Community service should further serve to rehabilitate an offender.

(3) DISTRICT ATTORNEY. The district attorney of the judicial circuit or his or her designee, so designated to fulfill the goals, purposes, and objectives of this division.

(4) LAW ENFORCEMENT or LAW ENFORCEMENT OFFICER. As defined in Section 41-8A-1 or 36-25-1, whether employed in this state or elsewhere.

(5) OFFENDER. Any person who has been charged with a criminal offense, including, but not limited to, any felony, misdemeanor, violation, or traffic offense, as defined in the Code of Alabama 1975, which was alleged to have been committed in the jurisdiction of the State of Alabama.

(6) PRETRIAL. The term includes, but is not limited to, any moment within or during the disposition of a criminal or quasi-criminal action.

(7) PRETRIAL DIVERSION PROGRAM or PROGRAM. A voluntary option that allows an offender, upon advice of counsel or where counsel is waived in a judicial process, to knowingly agree to the imposition by the district attorney of certain conditions of behavior and conduct for a specified period of time upon the offender which would allow the offender to have his or her charges reduced, dismissed without prejudice, or otherwise mitigated, should all conditions be satisfied during the time frame set by the district attorney as provided in the agreement.

(8) RESTITUTION. As defined by Section 15-18-142, and may also include, but not be limited to, any extraordinary cost incurred during the investigation or prosecution by a law enforcement agency or the district attorney.

(9) SERIOUS PHYSICAL INJURY. As defined in Section 13A-1-2.

(10) SUPERVISION FEE. Any fee other than the administration fee imposed by any agency providing supervision or treatment of an offender.
Ala. Code § 12-2-10 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-10
Section 12-2-10 Advisory Opinions on Constitutional Questions - How Opinion Obtained
Status: in_force

The Governor, by a request in writing, or either house of the Legislature, by a resolution of such house, may obtain a written opinion of the justices of the Supreme Court of Alabama or a majority thereof on important constitutional questions.
Ala. Code § 12-15-124 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-124
Section 12-15-124 Authority of Juvenile Court to Make Interlocutory or Final Dispositional Orders in Cases Where Parties Served by Publication
Status: in_force

The juvenile court shall make interlocutory and final dispositional orders in those cases in which a party or parties have been served by publication in accordance with rules adopted by the Supreme Court of Alabama.
Ala. Code § 12-8-7 — Alabama Code / Title 12 / Chapter 8 / Section 12-8-7
Section 12-8-7 Chief Justice Authorized to Obtain Statistics, Etc., from Court Officials; Forfeiture by Court Officials Failing to Furnish Information Requested; Preparation by Chief Justice of Forms to Be Filled Out and Submitted by Court Officials; Statistics, Etc., Compiled by Chief Justice to Be Made Available to Conference
Status: in_force

(a) The Chief Justice of the Supreme Court is authorized and empowered to obtain from court officials, including clerks, registers, judges and court reporters, statistics, data and other factual information which he may deem advisable pertaining to the courts, the work of such court officials and any other phase of the work of such officials pertaining to the administration of justice or the operation of the courts or their offices, at such times as he may deem advisable.

(b) For the failure of any court official to furnish such information as may be requested from said court official by the Chief Justice, such court official shall forfeit $100.00 to the state to be recovered on complaint by the district attorney of any court of record of the county in which the court official resides, in the name of the state, such court official to have three days’ notice of such complaint.

(c) The Chief Justice is further authorized and empowered to prepare forms for such court officials to fill out and submit to him in accordance with his direction.

(d) The statistics, data and other factual information submitted to and compiled by the Chief Justice shall be made available by the Chief Justice to all members of the conference for their use in carrying out the duties imposed upon them by this chapter.
Ala. Code § 12-17-222 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-222
Section 12-17-222 Applicability of Division to Deputy District Attorney of Bessemer Cutoff of Tenth Judicial Circuit
Status: in_force

The elected deputy district attorney of the tenth judicial circuit (the Bessemer cutoff) shall be, for the purpose of this division, considered a district attorney.
Ala. Code § 12-3-34 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-34
Section 12-3-34 Appointment, Compensation, Etc., of Staff Attorneys and Confidential Assistant of Court of Criminal Appeals
Status: in_force

(a) The Alabama Court of Criminal Appeals is hereby authorized to hire three staff attorneys to assist the court in legal research and analysis, including the preparation of staff memoranda, and to perform such other duties as directed by the court. The staff attorneys shall be licensed to practice law in the State of Alabama and shall be appointed by and serve at the pleasure of the court. The salaries of each staff attorney shall be fixed within the range of the classification of attorney II under the merit system, to be paid as other state salaries are paid. The said staff attorneys shall be subject to the Merit System Act only as to the pay plan.

(b) The Court of Criminal Appeals is hereby authorized to hire, in addition to all other clerical employees, a confidential assistant to perform the stenographic and secretarial services for the staff attorneys appointed pursuant to subsection (a) of this section. The said confidential assistant shall be appointed by and serve at the pleasure of the court and shall be paid a salary accordingly. The confidential assistant shall be subject to the Merit System Act only as to the pay plan.
Ala. Code § 12-2-9 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-9
Section 12-2-9 Special Terms
Status: in_force

The court may, whenever it deems proper, order and hold a special term.
Ala. Code § 12-13-2 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-2
Section 12-13-2 Person in Federal Service and Spouse Thereof Who Die While Living Within State Deemed Resident of State and of County in Which Living for Purposes of Probate Jurisdiction
Status: in_force

Any person in any branch of service of the government of the United States of America, including those in the military, air and naval service, and the husband or wife of any such person, if he or she dies while living within the borders of the State of Alabama, shall be deemed prima facie to be a resident and inhabitant of the State of Alabama and of the county in which he or she was living at the time of his or her death for purposes of general probate jurisdiction, including the probation of his or her will and the granting of letters testamentary or of administration upon his or her estate.
Ala. Code § 12-17-116 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-116
Section 12-17-116 Injunctions
Status: in_force

The register has no authority to grant or dissolve injunctions.
Ala. Code § 12-13-9 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-9
Section 12-13-9 Powers of Probate Court as to Punishment for Contempt
Status: in_force

(a) The probate court may issue show cause orders and attachment for contempts offered to the court or its process by any executor, administrator, guardian, or other person and may punish the person by a fine not exceeding twenty dollars ($20) and imprisonment not exceeding 24 hours, or both.

(b) In all cases or other proceedings in the probate court of a county where the judge of probate is a licensed attorney in this state, the judge of probate shall have the same power to punish for civil contempt as granted to a judge of the circuit court pursuant to Section 12-11-30 or other law or as provided by the common law of this state.
Ala. Code § 12-5-12 — Alabama Code / Title 12 / Chapter 5 / Section 12-5-12
Section 12-5-12 Study of Applications for Funds, Grants, Etc., from Federal Governmental Agencies or Entities, Direction of Disbursement of Funds, Grants, Etc.; Designation of Moneys Previously Appropriated to Certain State Agencies as Matching Funds; Application for Federal Funds, Grants, Etc., and Use of Certain Moneys as Matching Funds in Connection Therewith by Circuit Courts, District Courts, Etc
Status: in_force

(a) In connection with any federal legislation hereafter passed or presently in force and effect, designed, directly or indirectly, to assist or aid in the administration of justice, criminal or otherwise, or the improvement of courts and the judicial system, the Administrative Director of Courts is authorized and empowered to study any and all applications for funds and grants directed to his office from any federal governmental agency or entity and the disbursement of such aid, assistance, subgrants, funds or money to any office or agency of the judicial branch of state government and to direct the disbursement of such aid, assistance, funds, moneys, grants or subgrants and coordinate the same with the overall administration of justice in Alabama, to establish priorities pertaining to such and to designate and direct moneys that have been appropriated to and for the Administrative Office of Courts, the Department of Court Management, the Permanent Study Commission on Alabama’s Judicial System, the Judicial Conference, judicial education, the Trial Courts College of Trial Judges and the Supreme Court to be matching money or funds to be used in connection with any such aid, assistance, funds, moneys, grants or subgrants for either state or local agencies, entities, units or courts, regardless of whether such appropriations are designated for salaries or any other account within the particular appropriation.

(b) In connection with any such disbursements, circuit courts, district courts or trial courts, regardless of the name they bear, are designated as proper local units or entities of government to apply for and receive such assistance, aid, funds, moneys, grants and subgrants and are further authorized to use moneys in public law libraries, funds within their circuits, districts or counties as matching funds in connection with any judicially or legally related project or function.
Ala. Code § 12-20-32 — Alabama Code / Title 12 / Chapter 20 / Section 12-20-32
Section 12-20-32 Substitution of Appellate Court Records
Status: in_force

If the records of an appellate court, or any part thereof, are lost, mislaid, destroyed or mutilated, the same may be substituted under such rules and regulations as the court may prescribe.
Ala. Code § 12-24-3 — Alabama Code / Title 12 / Chapter 24 / Section 12-24-3
Section 12-24-3 Recusal of a Justice or Judge Due to Campaign Contribution; Rebuttable Presumption; Appeal
Status: in_force

(a) In any civil action, on motion of a party or on its own motion, a justice or judge shall recuse himself or herself from hearing a case if, as a result of a substantial campaign contribution or electioneering communication made to or on behalf of the justice or judge in the immediately preceding election by a party who has a case pending before that justice or judge, either of the following circumstances exist:

(1) A reasonable person would perceive that the justice or judge’s ability to carry out his or her judicial responsibilities with impartiality is impaired.

(2) There is a serious, objective probability of actual bias by the justice or judge due to his or her acceptance of the campaign contribution.

(b) A rebuttable presumption arises that a justice or judge shall recuse himself or herself if a campaign contribution made directly by a party to the judge or justice exceeds the following percentages of the total contributions raised during the election cycle by that judge or justice and was made at a time when it was reasonably foreseeable that the case could come before the judge or justice:

(1) Ten percent in a statewide appellate court race.

(2) Fifteen percent in a circuit court race.

(3) Twenty-five percent in a district court race.

Any refunded contributions shall not be counted toward the percentages noted herein.

(c) The term party, as referenced in this section, means any of the following:

(1) A party or real party in interest to the case or any person in his or her immediate family.

(2) Any holder of five percent or more of the value of a party that is a corporation, limited liability company, firm, partnership, or any other business entity.

(3) Affiliates or subsidiaries of a corporate party.

(4) Any attorney for the party.

(5) Other lawyers in practice with the party’s attorney.

(d) An order of a court denying a motion to recuse shall be appealable in the same manner as a final order to the appellate court which would otherwise have jurisdiction over the appeal from a final order in the action. The appeal may be filed only within 30 days of the order denying the motion to recuse. During the pendency of an appeal, where the threshold set forth in subsection (b) is met, the action in the trial court shall be stayed in all respects.
Ala. Code § 12-16-86 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-86
Section 12-16-86 Performance of Act with Intent to Affect Fair Drawing of Jury by Probate Judge, Jury Commissioner, County Commissioner, Etc
Status: in_force

Any person who does an act calculated to affect the fair drawing of a jury and with intent to affect the same shall, on conviction, be fined not less than $200.00 nor more than $1,000.00 and may also be imprisoned in the county jail for not more than six months, and if such person is a probate judge, sheriff or clerk of the circuit court or jury commissioner or a member of a county commission, his office shall be thereby vacated and shall be filled as in other cases of vacancy, on such conviction’s being certified to the appointing power by the presiding judge or the clerk of the court in which it is had.
Ala. Code § 12-3-5 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-5
Section 12-3-5 Residency of Judges
Status: in_force

The judges of the courts may reside anywhere within this state.
Ala. Code § 12-12-37 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-37
Section 12-12-37 Removal of Action from District Court to Circuit Court Where Concurrent Jurisdiction
Status: in_force

Any civil action brought in district court of which the circuit court has concurrent jurisdiction may be removed by a defendant or defendants to the circuit court of the county in which the action is pending. A defendant or defendants desiring to remove a case under this section shall file a notice of removal with the circuit court within 30 days after receipt, through service or otherwise, of a copy of the initial pleading. A case removed under this section shall not be subject to the jurisdictional damage limitations of district court. If a defendant or defendants requests removal of any civil action under this section, the circuit clerk shall remove the civil action to circuit court.
Ala. Code § 12-15-304 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-304
Section 12-15-304 Appointment by Juvenile Courts of Guardians Ad Litem
Status: in_force

(a) In all dependency and termination of parental rights proceedings, the juvenile court shall appoint a guardian ad litem for a child who is a party to the proceedings and whose primary responsibility shall be to protect the best interests of the child.

(b) The duties of the guardian ad litem include, but shall not be limited to, the following:

(1) Irrespective of the age of the child, meet with the child prior to juvenile court hearings and when apprised of emergencies or significant events impacting the child. In addition, the guardian ad litem shall explain, in terms understandable to the child, what is expected to happen before, during, and after each juvenile court hearing.

(2) Conduct a thorough and independent investigation.

(3) Advocate for appropriate services for the child and the family.

(4) Attend all juvenile court hearings scheduled by the juvenile court and file all necessary pleadings to facilitate the best interests of the child.

(c) Before being appointed by the juvenile court, every guardian ad litem appointed in juvenile dependency or termination of parental rights cases shall receive training appropriate to their role.

(d) Nothing in this section shall prohibit the juvenile court from appointing trained volunteers in addition to guardians ad litem in promoting the best interests of the child.

(e) A guardian ad litem may be appointed to protect the best interests of more than one child of the same parent. A guardian ad litem also may be appointed to protect the best interests of both a minor (or otherwise incapacitated) parent and the child.
Ala. Code § 12-16-209 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-209
Section 12-16-209 Attendance and Duties of District Attorney Before Grand Jury Generally; District Attorney Not to Be Present at Expression of Opinions or Giving of Votes by Grand Jury
Status: in_force

The district attorney must attend before the grand jury when required by them, and he may do so whenever he sees fit for the purpose of examining witnesses in their presence or giving them legal advice as to any matter connected with their duties; and he may appear before them at any time to give information as to any matter cognizable by them, but he must not be present at the expression of their opinions or the giving of their votes on any matter before them.
Ala. Code § 12-15-117.1 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-117.1
Section 12-15-117.1 Continuing Jurisdiction of Juvenile Court to Modify and Enforce Judgments
Status: in_force

(a) The Legislature finds that it was its original intent in the adoption of the Alabama Juvenile Justice Act (Act 2008-277) for a juvenile court to retain continuing jurisdiction in all cases in its jurisdiction to the extent provided by law. Act 2012-383 is curative and shall apply retroactively to ratify and confirm the exercise of continuing jurisdiction of the juvenile court to modify and enforce a judgment in cases filed in juvenile court on or after January 1, 2009, and prior to May 14, 2012. Any order of a juvenile court issued while exercising jurisdiction pursuant to this subsection during this time shall be deemed valid.

(b) Nothing in Act 2012-383 shall affect the jurisdiction of the circuit courts over any custody, visitation, or support issues, or enforcement or modification of the same issues, that a circuit court exercised in cases filed on or after January 1, 2009, and prior to May 14, 2012.
Ala. Code § 12-1-14 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-14
Section 12-1-14 Appointment, Powers, Compensation, Etc., of Special Judges for Circuit, District, or Probate Court
Status: in_force

Should the need for special judges in the circuit court, district court or probate court arise, the Supreme Court may appoint and commission special circuit judges or special district court judges or special probate judges for temporary service; provided, however, that the person so appointed shall possess the qualifications of the judgeship to which he is appointed. Such special judges shall qualify by taking the oath of office prescribed in the Constitution. Such appointment shall confer on the special judge all powers, authority and jurisdiction of the respective judgeship to which he is appointed. Such special judge shall receive as compensation for his services a sum not to exceed $100.00 a day as established by rule and reimbursement for his actual and necessary expenses, including, but not limited to, transportation costs, food and lodging, to be paid out of the State Treasury or, in whole or part, from grant funds on approval and direction of the Administrative Office of Courts.
Ala. Code § 12-13-40 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-40
Section 12-13-40 Powers of Probate Judges Generally
Status: in_force

The probate judge shall have authority:

(1) To administer oaths and take and certify the same in all cases in which administering such oath and taking such affidavit is not confined expressly to some other officer;

(2) To cause jurors to be impaneled and sworn in any matter of fact pending before him in which the right to a jury trial is given by law;

(3) To appoint guardians ad litem for minors and persons of unsound mind, when necessary, but he must not appoint as such guardian any clerk, employee or other person connected with his office or related to him by consanguinity or affinity;

(4) To employ, at his own expense a chief clerk and such other clerks as he deems necessary, for whose official acts he shall be responsible;

(5) To complete the minute entries and decrees of the court when the same are incomplete on account of the failure to make necessary entries at the time when they should have been made, but the necessary application and proof must first be made, and such entries, orders or decrees shall be as valid and binding as if they had been made at the proper time;

(6) To authorize the making of an abstract of title of lands sold at judicial sale as provided in Section 6-8-30; and

(7) To exercise such other powers as are or may be conferred on him by law.
Ala. Code § 12-17-113 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-113
Section 12-17-113 Place of Office
Status: in_force

The register shall keep his office at the place at which the court of which he is register is held.
Ala. Code § 12-17-67 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-67
Section 12-17-67 Filling of Vacancies
Status: in_force

(a) In the event that a vacancy occurs in the judicial office of the district court, until such vacancy has been filled by appointment as provided by the Constitution, the presiding judge of the circuit shall designate a district or circuit judge, including himself, within the circuit to serve as the district court judge for the duration of such vacancy.

(b) If a judge, who filed a request pursuant to subsection (b) of Section 12-17-66 and has been designated to receive a commissioned term, or has been elected as provided in this article, dies or becomes disqualified prior to January 16, 1977, or is otherwise unable to assume office and such death, disability or refusal to serve occurs at such a time that the judicial office created in Section 12-17-61 cannot be filled prior to January 16, 1977, a vacancy shall be created in each such case. Any vacancy which exists on January 16, 1977, shall be filled as provided by law.
Ala. Code § 12-2-130 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-130
Section 12-2-130 Confidential Secretary of Chief Justice
Status: in_force

The Chief Justice shall have a confidential secretary who shall perform such duties as may be required by him and who shall be appointed and dismissed at the will of the Chief Justice and who shall be subject to the merit system only as to the pay plan.
Ala. Code § 12-16-45 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-45
Section 12-16-45 Notification of Commission as to Necessity to Refill Jury Box; Emptying and Refilling of Box by Circuit Court Judge
Status: in_force

Whenever it shall appear to the judge of the circuit court that the jury box is so nearly exhausted as to require refilling, he shall notify the president of the jury commission, who in turn shall call together the other members of the commission and shall proceed to refill the box as provided in this chapter; provided, that the judge of the circuit court may, whenever in his discretion he deems it necessary or expedient, call the jury commission together and empty and refill the jury box of the particular county as provided in this chapter.
Ala. Code § 12-22-112 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-112
Section 12-22-112 Liability of Defendant Failing to Appear; Warrant of Arrest
Status: in_force

(a) If the defendant fails to appear at the circuit court as required by the appeal bond, he shall be liable to the same penalties, forfeitures and proceedings as on a forfeited bail bond taken in the court, and a new warrant of arrest may issue from that court without any other authority therefor.

(b) Such warrant of arrest must be directed to any sheriff of the State of Alabama; and, when the defendant is arrested, he must be dealt within all respects as if the arrest had been made on capias from the circuit court.
Ala. Code § 12-21-227 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-227
Section 12-21-227 Husband and Wife for or Against One Another
Status: in_force

The husband and wife may testify either for or against each other in criminal cases, but shall not be compelled so to do.
Ala. Code § 12-22-2 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-2
Section 12-22-2 Final Judgments of Circuit or Probate Courts
Status: in_force

From any final judgment of the circuit court or probate court, an appeal lies to the appropriate appellate court as a matter of right by either party, or their personal representatives, within the time and in the manner prescribed by the Alabama Rules of Appellate Procedure.
Ala. Code § 12-23-1 — Alabama Code / Title 12 / Chapter 23 / Section 12-23-1
Section 12-23-1 Short Title
Status: in_force

This chapter shall be known as the “Mandatory Treatment Act of 1990.”
Ala. Code § 12-17-110 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-110
Section 12-17-110 Office of Register Not to Be Filled When Vacancy Occurs; Reappointment of Registers Holding Office on October 10, 1975; Removal of Registers
Status: in_force

(a) Vacancies. - When the position of register in any circuit court becomes vacant upon the death, resignation, retirement or inability of the incumbent to satisfy the conditions for reappointment specified in subsection (b) of this section, the vacancy shall not be filled, and the responsibilities and authority of the register shall become the responsibilities and authority of the clerk of the circuit court for the county where the register served.

(b) Reappointment. - A register who: (1) Holds office on October 10, 1975, and (2) Is not eligible to retire and receive retirement compensation by reason of age and years of service or by provision of any retirement program in effect on January 17, 1977,

may be reappointed for terms of six years, but no register shall be reappointed after completion of any term during which he becomes eligible to retire and receive retirement compensation; provided, that a register who becomes eligible to retire during a term shall be eligible to reappointment by the presiding judge of his circuit for not more than six additional terms of one year each; and provided further, that until such time as the register becomes eligible to retire and receive retirement compensation, reappointment shall be automatic unless a majority of the circuit judges within the circuit, or by unanimous agreement where there are only two circuit judges, file a written declaration with the Administrative Director of Courts stating that the register shall not be reappointed. At such time, the office shall be deemed vacant under subsection (a) of this section.

(c) Removal. - The register shall be subject to removal by the judge who appointed him for cause by order to be entered at length on the minutes of the court.
Ala. Code § 12-20-22 — Alabama Code / Title 12 / Chapter 20 / Section 12-20-22
Section 12-20-22 Original Pleadings, Etc., or Copies Thereof Final Record in Civil Actions
Status: in_force

The original pleadings, motions or other papers in civil actions, the original process issued thereon and all affidavits and bonds taken in a court may be used and, if so used, shall stand as the final record. If said original pleadings, motions or other papers, process, affidavits or bonds should be lost, mislaid, destroyed or mutilated, a copy of such shall stand in the place and have the force and effect of the original.
Ala. Code § 12-20-31 — Alabama Code / Title 12 / Chapter 20 / Section 12-20-31
Section 12-20-31 Substitution of Lost, Etc., Papers or Records in Civil Cases - Appeal from Court Order or Decree Granting or Denying
Status: in_force

From any order of a circuit or district court or probate court granting or refusing substitution under this article, an appeal lies to the appropriate appellate court as from final judgments or decrees in civil cases. From an order of a district court, an appeal to the circuit court lies as in other cases, and the trial is de novo.
Ala. Code § 12-22-132 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-132
Section 12-22-132 Reserving Questions of Law; Presumption That Written Charges Asked Before Jury Retired
Status: reserved

Any question of law arising in any of the proceedings in a criminal case tried in the circuit court may be reserved by the defendant, but not by the state, except as provided in Section 12-22-91, for the consideration of the Supreme Court or Court of Criminal Appeals. All written charges in the record on appeal shall be presumed to have been asked of the court before the jury retired unless shown to the contrary by notation of the trial judge of the refused charges.
Ala. Code § 12-21-145 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-145
Section 12-21-145 Applicability of Provisions Regulating Admissibility or Proof of Facts
Status: in_force

Any provision of this division regulating the admissibility or proof of facts in any proceeding shall apply only if the admissibility or proof of such facts is not governed by the Alabama Rules of Civil Procedure, or any other rule of practice as may be adopted by the Supreme Court of Alabama, or by Title 6 of this code.
Ala. Code § 12-17-226.17 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-226.17
Section 12-17-226.17 Pretrial Diversion Offender Database
Status: in_force

(a) The Office of Prosecution Services shall develop and maintain a pretrial diversion offender database. Any existing or newly created pretrial diversion program, regardless of whether it was established by this division or created by local law, municipal ordinance, or other administrative action, or is an existing district attorney or municipal pretrial diversion program, shall be subject to this section. Upon entry into any pretrial diversion program, the district attorney or municipal prosecutor shall submit information, including the name, date of birth, and identifying personal vital information of a participating offender. The district attorney or municipal prosecutor shall also submit the criminal statute or municipal ordinance violated, a brief description of any underlying qualifying offense, and a brief description of the agreed upon disposition of the offense. If the offender was prematurely terminated from the program, a brief description of the reasons for the termination shall be submitted for inclusion into the database.

(b) Information in the database concerning any applicant may be used by any district attorney in determining admittance into a pretrial diversion program or its equivalent. A district attorney may submit prior pretrial diversion dispositions from any jurisdiction contained within the database to the court for the purpose of assisting the court in its ruling with regard to sentencing, a ruling on youthful offender, or any first offender or first offender-type judicial determination. Nothing in this division shall prohibit any district attorney from entering pretrial diversion dispositions of offenders, pursuant to this section, that were previously disposed of in a pretrial diversion program or its equivalent, prior to this division. Unless otherwise provided for by law, information contained in the database shall only be accessible by court order, the district attorney, or other law enforcement agency. In no event shall a prosecuting agency be charged for accessing the information in the database.

(c) Any information submitted pursuant to this section whereby the offender has been adjudicated or convicted as a youthful offender shall be sealed pursuant to state law. This information may only be retrieved from the database or used upon an order of a court of competent jurisdiction.

(d) Within 30 days of entry of the applicant into a pretrial diversion program, seven dollars ($7) per applicant shall be paid by the district attorney or municipality if the applicant is from a municipality, to the Office of Prosecution Services for creation and maintenance of the offender database described in this section, regardless of whether the program was created pursuant to this division, a local act, a municipal ordinance, or an administrative action authorizing a pretrial diversion program, or any existing district attorney or municipal pretrial diversion program.
Ala. Code § 12-17-182 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-182
Section 12-17-182 Compensation
Status: in_force

(a) District attorneys for each judicial circuit in the state serving on October 1, 2021, until the end of his or her service, shall be paid by the state an annual salary of an amount equal to one thousand dollars ($1,000) less than the salary paid by the state to the highest paid circuit judge of the state, payable as the salaries of other state officers are paid. District attorneys holding office on October 1, 2021, are exempt from subsection (b).

(b)(1) Notwithstanding subsection (a), any district attorney newly appointed or elected after October 1, 2021, shall receive an initial salary of one hundred forty thousand dollars ($140,000). This amount shall be adjusted to reflect any cost-of-living adjustment enacted by the Legislature on or after October 1, 2021.

(2) The salary of district attorneys shall be increased by 7.5 percent for the term commencing after the completion of the first term for which he or she was appointed or elected as district attorney. The salary shall be increased by an additional 7.5 percent for the term commencing after the completion of his or her second term as district attorney. The salary shall be increased by an additional 7.5 percent for the term commencing after the completion of his or her third term as district attorney. The salary shall further be increased by any cost-of-living adjustment enacted by the Legislature not already granted to the district attorney during the previous term.

(c) The compensation paid by the state to any district attorney in service on October 1, 2025, may not be diminished pursuant to Act 2025-384.

(d) Upon ratification of the constitutional amendment proposed by Act 2025-291 of the 2025 Regular Session, providing that the salary of a district attorney may not be decreased during his or her term of office, the salary of each district attorney shall be increased by any cost-of-living adjustment effective on or after October 1, 2021, that is not already reflected in his or her compensation.

(e) The salary adjustment pursuant to subdivision (b)(1) is prospective and a district attorney serving on October 1, 2025, shall not receive back pay.
Ala. Code § 12-8-6 — Alabama Code / Title 12 / Chapter 8 / Section 12-8-6
Section 12-8-6 Duties of Conference Generally
Status: in_force

It shall be the duty of the Judicial Conference:

(1) To make a continuous study of the administration of justice in this state and of the organization, procedure, practice, rules and methods of administration and operation of each and all of the courts of the state;

(2) To receive and consider and in its discretion investigate criticisms and suggestions pertaining to the administration of justice in the state;

(3) To prepare for presentation to the Legislature at each regular session thereof a report of the proceedings of the conference and its recommendations relative to improving the administration of justice in Alabama and particularly of expediting the business of the courts and utilizing in the most appropriate manner the judges of the circuit courts and district courts of the state. The conference shall also recommend such changes or additions to the rules of practice of the trial and appellate courts of the state as in its judgment are needed to the Legislature and the Supreme Court; and

(4) To cooperate with and become a part of the Permanent Study Commission on Alabama’s Judicial System.
Ala. Code § 12-17-141 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-141
Section 12-17-141 Oath; Vacancies in Office of Clerk or Register in Counties Where Supernumerary Holds Commission
Status: in_force

(a) Such supernumerary clerk or register of the circuit court in the various counties of the State of Alabama shall take the oath of office prescribed for clerks and registers of the circuit courts in this state.

(b) If a vacancy shall occur in the office of clerk or register in the county in which one or more supernumerary clerks or registers hold a commission, the Chief Justice shall immediately appoint one such supernumerary from the county in which such vacancy occurs, and such supernumerary so appointed shall immediately assume and exercise all of the duties, powers and authority of such official in said county until a permanent successor is appointed or is otherwise selected. All fees and commissions which may become due while such supernumerary is so acting shall be paid into the appropriate fund as designated by law, and the salaries of the employees in such office shall be paid by the State of Alabama during such period.
Ala. Code § 12-21-263 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-263
Section 12-21-263 Taking Testimony of Convict in Penitentiary on Interrogatories by Defendant
Status: in_force

The defendant in any criminal prosecution may take the testimony of any convict in the penitentiary on interrogatories and notice as in other cases of taking testimony by interrogatories, the convict’s answer being taken on oath and returned with the commission as in other cases, but the notice in such case, with a copy of the interrogatories, must be served on the district attorney of the circuit in which the prosecution is pending.
Ala. Code § 12-13-42 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-42
Section 12-13-42 Furnishing to Veterans Administration of Copies of Decrees Upon Settlement by Guardians of Beneficiaries of Administration; Payment of Fees Therefor
Status: in_force

At the time of settlement, either partial or final, by a guardian of a beneficiary of the United States Veterans Administration and upon request of counsel of such agency, it shall be the duty of the probate judge in whose court the settlement is had and passed to furnish to the United States Veterans Administration a certified copy of the decree of the said court on the guardian’s settlement without cost to said United States Veterans Administration. For furnishing such certified copy the probate judge is authorized to collect from the guardian the fee now allowed by law for furnishing a copy of such decree on settlement by a guardian.
Ala. Code § 12-15-127 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-127
Section 12-15-127 Release, Delivery to Detention or Shelter Care Facility, Medical Facility of Children Taken into Custody Generally
Status: in_force

(a) A person taking a child into custody without an order of the juvenile court shall, with all possible speed, and in accordance with this chapter and the rules of court pursuant thereto:

(1) Release the child to the parents, legal guardian, or legal custodian of the child or other suitable person able to provide supervision and care for the child and issue verbal counsel and warning as may be appropriate.

(2) Release the child to the parents, legal guardian, or legal custodian of the child upon his or her promise to bring the child before the juvenile court when requested, unless the placement of the child in detention or shelter care appears required. If a parent, legal guardian, or other legal custodian fails, when requested, to bring the child before the juvenile court as provided in this section, the juvenile court may issue an order directing that the child be taken into custody and brought before the juvenile court.

(3) Bring the child, if not released, to the place designated by the juvenile court and give written notice of the action taken and the reasons for taking the child into custody to the juvenile court intake officer, to the parent, legal guardian, or other legal custodian of the child, and, in the case of dependency, to the Department of Human Resources.

(b) Prior to authorizing the admission of the child to detention, shelter, or other care, the juvenile court intake officer, on an allegation of delinquency or in need of supervision or of dependency, shall review the need for detention or shelter care, including reviewing the written notice of the person who took the child into custody without an order of the juvenile court, and shall direct the law enforcement officer or other person currently having the child in custody to release the child unless detention or shelter care is required pursuant to Section 12-15-128. The juvenile court intake officer may allow release with or without electronic or telephone monitoring pending the 72-hour hearing requirement.

(c) A person taking a child or minor into custody pursuant to subdivision (3) of subsection (a) of Section 12-15-125 shall bring the child or minor to a medical or mental health facility if the child or minor is believed to be suffering from a serious mental health condition, illness, or injury which requires either prompt treatment or prompt diagnosis for the welfare of the child or minor or for evidentiary purposes, and, in the most expeditious manner possible, give notice of the action taken together with a statement of taking the child or minor into custody in writing to the court, the parents, legal guardian or other legal custodian and to the intake office and to the Department of Human Resources in the case of a dependency allegation.
Ala. Code § 12-10B-3 — Alabama Code / Title 12 / Chapter 10B / Section 12-10B-3
Section 12-10B-3 Compensation, Salary Supplement, or Expense Allowance of Certain Elected Officials, State Officers, and State Employees
Status: in_force

(a) Beginning on October 1, 2021, and notwithstanding any other provision of law, any compensation, salary supplement, or expense allowance under existing law paid by the state, or any political subdivision of the state, to any elected official or state officer or employee, excluding circuit and district judges, district attorneys, and the Attorney General, that is based in whole or in part on the compensation, salary supplement, or expense allowance of another judge or justice shall be based on the salary, salary supplement, or expense allowance of the judge or justice on September 30, 2021.

(b) Beginning with the next term of office following October 1, 2025, the compensation of any elected official subject to a local law that sets his or her compensation based in whole or in part on the salary of a circuit or district judge shall be calculated using the base amounts in Section 12-10B-1, and any adjustment based on service or longevity must be based on the elected official’s own time in office.

(c) Any compensation paid to an elected official subject to this section between October 1, 2021, and the official’s next term of office commencing after October 1, 2025, is ratified and confirmed.
Ala. Code § 12-11-40 — Alabama Code / Title 12 / Chapter 11 / Section 12-11-40
Section 12-11-40 Proceedings on Administration of Estates in Circuit Court
Status: in_force

In the administration of estates in the circuit court in this state, such court, in the exercise of such jurisdiction, shall proceed according to the Alabama Rules of Civil Procedure and shall, where necessary, permit service by publication in the manner provided for publication in said rules, without regard to any of the statutory requirements provided for administration of estates in the probate court, and shall have power to appoint personal representatives in cases pending in the circuit court in cases of vacancy.
Ala. Code § 12-1-6.1 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-6.1
Section 12-1-6.1 Briefs and Amicus Curiae by Certain Legislative Parties Authorized in Appellate Cases
Status: in_force

(a) Notwithstanding Section 12-1-1, or any other provision of this title, or any rule of the Alabama Rules of Appellate Procedure, the Speaker of the House of Representatives, President Pro Tempore of the Senate, the Chairs of the House or Senate Judiciary Committees, or the Legislative Council may file an amicus curiae brief without leave of court at any time prior to the court’s issuance of the certificate of judgment in any appeal.

(b) This section only applies to an amicus curiae brief prepared and filed by the staff of the Legislative Services Agency and to matters coming before the appellate courts of the state on or after June 7, 2019.

(c) It is the intent of the Legislature, pursuant to Section 6.11 of Amendment 328 of the Constitution of Alabama of 1901, now appearing as Section 150 the Constitution of Alabama of 2022, that this section supersede any inconsistent rule of appellate procedure adopted by the Alabama Supreme Court.

(d) This section is supplemental to, and shall not alter, amend, or otherwise affect the procedural rights, privileges, permissions, options, or abilities of any other individual or party, including any legislative agency or official, under the state’s existing laws and rules of appellate procedure.
Ala. Code § 12-9-5 — Alabama Code / Title 12 / Chapter 9 / Section 12-9-5
Section 12-9-5 Commission to Serve as Agency for Grants, Etc., and Coordinate and Conduct Studies
Status: in_force

Such commission shall serve as an agency to apply for and receive any grants or other assistance and to coordinate and conduct studies in connection with any of its purposes and functions and may conduct such studies with or without the assistance of consultants or experts.
Ala. Code § 12-19-91 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-91
Section 12-19-91 Clerks of Supreme Court or Courts of Appeals
Status: in_force

(a) The clerks of the courts of appeal shall be entitled to receive the following fees for the following services, to be paid to the treasurer as provided in this article:

(1) Docketing each case ..... $ .30

(2) Entering each appearance, to include all attorneys appearing on the same side for the same parties ..... .30

(3) Each bond ..... .50

(4) Each appeal ..... .50

(5) Each order ..... .50

(6) Each continuance ..... .25

(7) Each judgment ..... 1.00

(8) Each mandate or certificate to the court below ..... 2.00

(9) Each writ in the nature of scire facias, certiorari, mandamus, prohibition or other similar writ ..... 1.00

(10) Filing the same with return ..... .20

(11) Each writ of execution ..... 1.00

(12) Taxing costs, copying and entering satisfaction ..... .85

(13) Copying opinions, record or paper, in his office, for each 100 words ..... .15

(14) In each case an additional fee of ..... 4.00

(b) For petitions for certiorari to the Court of Criminal Appeals, the Clerk of the Supreme Court shall be entitled to receive as assessment of costs the amount of $25.00.

(c) The docket fee as hereinafter prescribed shall be paid to the clerk of the appropriate appellate court, unless otherwise excepted, as follows:

(1) Appeals in civil cases, review by certiorari in workers’ compensation cases, and review by certiorari of the decisions and judgments of trial courts in cases where review by appeal is not provided for and from decisions of boards and agencies where review by petition in the appropriate appellate court is provided by law, the docket fee to be paid at the time of the filing of the petition or notice of appeal ..... $100.00.

(2) The docket fee herein prescribed shall be in lieu of all other court costs in the particular proceeding before the appellate court unless otherwise set by the court, and may be taxed as costs.
Ala. Code § 12-16-172 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-172
Section 12-16-172 Grand Jurors
Status: in_force

After the oath prescribed in Section 12-16-171 has been administered to the foreman, the following oath shall be administered to the other grand jurors: “The same oath which your foreman has taken, on his part, you and each of you, on your respective parts, shall well and truly observe and keep. So help you God.”
Ala. Code § 12-16-201 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-201
Section 12-16-201 When Grand Jurors May Be Required to Disclose Testimony of Witnesses
Status: in_force

A grand juror may be required by any court to disclose the testimony of any witness examined before the grand jury for the purpose of ascertaining whether it is consistent with the testimony given by the witness before the court or on a charge of perjury against him.
Ala. Code § 12-21-100 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-100
Section 12-21-100 Judgments
Status: in_force

A judgment is admissible between any parties to show the fact of the entry or rendition thereof; between parties and privies thereto it is conclusive as to the matter directly in issue until reversed or set aside.
Ala. Code § 12-2-96 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-96
Section 12-2-96 Office and Office Hours
Status: in_force

The Clerk of the Supreme Court must keep his office in the judicial building open for the transaction of business on every day except Saturdays, Sundays and legal holidays, from 9:00 A.M. until 4:00 P.M.
Ala. Code § 12-22-76 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-76
Section 12-22-76 Execution by Lower Courts for Unpaid Costs
Status: in_force

Clerks of the circuit court and probate judges, when cases have been taken from their respective courts to an appellate court by appeal or other lawful mode and been there decided, if the costs accruing in such lower courts for transcripts, or otherwise, are not paid by the parties against whom they were adjudged in the appellate court, may issue executions for costs, returnable into the court in which such costs accrued.
Ala. Code § 12-19-253 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-253
Section 12-19-253 Expenditures from Fund Subject to Control and Approval of Governor
Status: in_force

(a) Expenditures from the Fair Trial Tax Fund shall be subject to the control and approval of the Governor.

(b) In his discretion the Governor may limit the payment of expenses incurred in one county or judicial circuit to revenues collected within such county or judicial circuit; and, by order, he may also prohibit the expenditure of funds outside of the county or judicial circuit wherein such funds are derived.
Ala. Code § 12-15-114 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-114
Section 12-15-114 Original Jurisdiction - Juvenile
Status: in_force

(a) A juvenile court shall exercise exclusive original jurisdiction of juvenile court proceedings in which a child is alleged to have committed a delinquent act, to be dependent, or to be in need of supervision. A dependency action shall not include a custody dispute between parents. Juvenile cases before the juvenile court shall be initiated through the juvenile court intake office pursuant to this chapter.

(b) A juvenile court shall not have jurisdiction over any delinquent act committed by an individual before his or her 18th birthday for which a petition has not been filed before the individual reaches 21 years of age, except when the delinquent act is an offense having no statute of limitation as provided in Section 15-3-5.

(c) A juvenile court shall also exercise exclusive original jurisdiction over each of the following:

(1) Proceedings pursuant to the Interstate Compact on Juveniles and the Interstate Compact on Placement of Children pursuant to Chapter 2 of Title 44.

(2) Proceedings for termination of parental rights.
Ala. Code § 12-10B-4 — Alabama Code / Title 12 / Chapter 10B / Section 12-10B-4
Section 12-10B-4 Prior Pay Scales Ratified
Status: in_force

Section 12-10B-1 ratifies any pay scales for judges or justices approved prior to October 1, 2021, by the current chief justice of the supreme court or any prior chief justice of the supreme court.
Ala. Code § 12-17-192 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-192
Section 12-17-192 Additional Allowance in Circuits Having Four or More Counties
Status: in_force

In addition to the expenses now allowed by law to district attorneys pursuant to Section 12-17-191, there shall be paid to district attorneys in all judicial circuits composed of four or more counties the sum of $300.00 per annum for each county of the judicial circuit, over and above one, said additional allowance to be reimbursement for reasonable expenses while in attendance upon court outside of their home county, to be paid from the treasury monthly.
Ala. Code § 12-17-227.13 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-227.13
Section 12-17-227.13 Exemption from Taxes; Assignability
Status: in_force

The right of a person to a pension, an annuity, a retirement allowance or to the return of contributions, the pension, annuity or retirement allowance itself and any optional benefit or any other right accrued or accruing to any person under this division and the moneys in the fund are hereby exempt from any state or municipal tax and exempt from levy and sale, garnishment, attachment, or any other process whatsoever and shall be unassignable except as in this division specifically otherwise provide.
Ala. Code § 12-18-134 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-134
Section 12-18-134 Construction of Article
Status: in_force

The provisions of this article are cumulative and supplemental to other statutes or laws relating to judicial retirement and shall not be construed to repeal any law or part of law not directly in conflict herewith. Nothing herein shall be construed to eliminate, reduce, or modify any entitlement or benefit to which a justice or judge is now eligible or would be eligible under the retirement laws existing and in effect before July 1, 1998.
Ala. Code § 12-14-110 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-110
Section 12-14-110 Applicability
Status: in_force

This article shall apply to municipalities with a municipal court established pursuant to this chapter.
Ala. Code § 12-14-71 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-71
Section 12-14-71 Appeals from Judgments of Circuit Courts and Proceedings Thereon
Status: in_force

From the judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or the defendant in any case, may appeal to the court of criminal appeals in like manner as in cases of appeals for convictions of violation of the criminal laws of the state. If the appeal is taken by the municipality, it shall not be required to give surety for the cost of appeal. When taken by the defendant, he may give bail with sufficient sureties, conditioned that he will appear and abide by the judgment of the appellate court; and, failing to give bail, he must be committed to the municipal jail, but he may give such bail at any time pending the appeal. When an appeal is taken by the defendant, bail is given pending the appeal and the judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the undertaking of bail to surrender himself to the municipal authorities within 15 days from the date of such affirmance or dismissal; and, if he shall fail to do so, the clerk of the circuit court from which the appeal is taken, upon motion of the municipality, must endorse the bail bond forfeited, and a writ or writs of arrest must be issued by the clerk to the sheriff. Upon arrest the defendant shall be delivered to the municipal authorities, and the sentence must without delay be carried out as if no appeal had been taken. If bail is forfeited as provided in this section, a conditional judgment must be entered by the court in favor of the municipality and the same proceedings had thereon for the municipality as is authorized by law to be had in the name of the state in state cases.
Ala. Code § 12-17-147 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-147
Section 12-17-147 Return of Contributions Upon Termination of Service
Status: in_force

Should the service of the circuit clerk or register be terminated for any reason other than death prior to the time he is entitled to receive supernumerary benefits under this division, such circuit clerk or register shall have the right to elect to withdraw from the supernumerary fund and to have refunded his contributions plus accrued interest thereon under the same rules, regulations and rates applicable to similar refunds of contributions under the Employees’ Retirement System of Alabama. If service is terminated by death, the refund on contributions and accrued interest is payable to the clerk’s or register’s designated beneficiary.

If a circuit clerk or register who has assumed supernumerary status dies prior to receiving supernumerary benefits equal to his total contributions plus accrued interest thereon which was credited to the member’s individual account at the time of assuming supernumerary status, the remaining portion of his contributions and accrued interest is payable to the clerk’s or register’s beneficiary.

Any prior service credit obtained by a clerk or register pursuant to Section 12-17-144, shall be included in computing the total number of years of the clerk’s or register’s participation in the Clerks’ and Registers’ Supernumerary Fund.
Ala. Code § 12-11-1 — Alabama Code / Title 12 / Chapter 11 / Section 12-11-1
Section 12-11-1 Circuit Court in Every County
Status: in_force

(a) There is provided in every county in the state a circuit court with all the jurisdiction and powers that are conferred on the circuit court by the Constitution and laws of this state.

(b) Persons elected to or appointed to a circuit court judgeship must have been admitted to practice law in this state a combined total of seven years or more, or admitted to practice law by any other state for a combined total of seven years or more, prior to beginning a term of office or appointment to serve a vacant term of office. In addition, the person must not have received from any state or state bar association a suspension or disbarment within the 10 years preceding election or appointment.
Ala. Code § 12-21-402 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-402
Section 12-21-402 Foreign Subpoena; Request; Issuance
Status: in_force

(a) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of the circuit court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this article does not constitute an appearance in the courts of this state.

(b) When a party submits a foreign subpoena to a clerk of the circuit court in this state, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

(c) A subpoena under subsection (b) must:

(1) Incorporate the terms used in the foreign subpoena.

(2) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

(3) Plainly and prominently state on its face: “THE RECIPIENT OF THIS SUBPOENA HAS THE RIGHT TO OBJECT TO THIS SUBPOENA WITHIN FIFTEEN (15) DAYS OF PROPER SERVICE BY SUBMITTING A REASONABLY SPECIFIC WRITTEN OBJECTION TO THE PARTY INITIATING THE SUBPOENA AS WELL AS THE LOCAL ISSUING CLERK OF THE COURT AT THE FOLLOWING ADDRESS: [ADDRESS OF CLERK OF COURT].”
Ala. Code § 12-5A-12 — Alabama Code / Title 12 / Chapter 5A / Section 12-5A-12
Section 12-5A-12 Study Commission Created
Status: in_force

(a) There is created a study commission to evaluate the feasibility and effectiveness of transferring to state employee status the juvenile probation officers and staff in counties having a population of more than 99,000 according to the 1990 federal decennial census. The commission shall be composed of one person appointed by the Administrative Office of Courts, one person appointed by the Association of County Commissions of Alabama, one person appointed by the Alabama Association of County Commission Clerks and Administrators, one person appointed by the Council of Chief Probation Officers, one person appointed by the juvenile court judges, one person appointed by the Speaker of the House of Representatives, and one person appointed by the Lieutenant Governor. The commission shall meet on or before October 1, 1998, and shall at that time elect a chair and such other officers as it deems necessary. The first meeting of the commission shall be called by the Administrative Director of Courts. The Administrative Office of Courts shall provide staff and technical assistance to the commission.

(b) The commission shall present its report to the Legislature on or before the fifth legislative day of the 2000 Regular Session.
Ala. Code § 12-22-3 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-3
Section 12-22-3 Judgments or Decrees of Abolished Courts of Record
Status: in_force

If a court of record ceases to exist by reason of the repeal of the statute creating it and, while existing, rendered a judgment or decree from which an appeal would lie, within the time prescribed by law, an appeal therefrom may be taken by filing a notice of appeal with the clerk or register of the court to which the unfinished business or the records of such inferior court may be transferred as if such judgment or decree had been rendered in the court having the jurisdiction of such unfinished business or the custody of such records. In the event of the reversal of such judgment or decree, the remandment of the case must be to the latter court.
Ala. Code § 12-19-111 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-111
Section 12-19-111 Probate Court - Generally
Status: in_force

Jurors in the probate court are entitled to the same pay as in the circuit court, except as otherwise provided in this article, upon the certificate of the probate judge stating the number of miles traveled and the amount of compensation to which they are entitled, to be paid in the same manner as jurors in the circuit court.
Ala. Code § 12-17-310 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-310
Section 12-17-310 Existing Positions Continued; Authorization of Additional Positions by Administrative Director of Courts
Status: in_force

Positions for bailiffs existing on October 10, 1975, shall continue as provided by law. Additional positions for bailiffs in the circuit and district court may be authorized by the Administrative Director of Courts upon recommendation of presiding circuit judges. Bailiffs, when authorized, shall be confidential employees employed by and serving at the pleasure of the judge in whose court they serve.
Ala. Code § 12-24-2 — Alabama Code / Title 12 / Chapter 24 / Section 12-24-2
Section 12-24-2 Filing by Judges, Justices, Parties, and Attorneys of Disclosure Statements Concerning Campaign Contributions
Status: reserved

Repealed by Act 2014-455, §2, effective July 1, 2014.
Ala. Code § 12-15-312 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-312
Section 12-15-312 Reasonable Efforts in Judicial Determinations; Situations in Which Reasonable Efforts Are Not Required to Be Made
Status: in_force

(a) When the juvenile court enters an order removing a child from his or her home and places the child into foster care or custody of the Department of Human Resources pursuant to this chapter, the order shall contain specific findings, if warranted by the evidence, within the following time periods while making child safety the paramount concern:

(1) In the first order of the juvenile court that sanctions the removal, whether continuation of the residence of the child in the home would be contrary to the welfare of the child. This order may be the pick-up order that the juvenile court issues on the filing of a dependency petition.

(2) Within 60 days after the child is removed from the home of the child, whether reasonable efforts have been made to prevent removal of the child or whether reasonable efforts were not required to be made.

(3) Within 12 months after the child is removed from the home of the child and not less than every 12 months thereafter during the continuation of the child in out-of-home care, whether reasonable efforts have been made to finalize the existing permanency plan.

(b) As used in this chapter, reasonable efforts refers to efforts made to preserve and reunify families prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from the home of the child, and to make it possible for a child to return safely to the home of the child. In determining the reasonable efforts to be made with respect to a child, and in making these reasonable efforts, the health and safety of the child shall be the paramount concern. If continuation of reasonable efforts is determined to be inconsistent with the permanency plan for the child, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan including, if appropriate, through an interstate placement, and to complete whatever steps are necessary to finalize a permanent plan for the child.

(c) Reasonable efforts shall not be required to be made with respect to a parent of the child if the juvenile court has determined that the parental rights of the parent to a sibling of the child have been involuntarily terminated or that a parent has done any of the following:

(1) Subjected a child to an aggravated circumstance against the child or a sibling of the child and the risk of child abuse or neglect is too high for the child to remain at home safely or to be returned home. An aggravated circumstance includes, but is not limited to, aggravated stalking, abandonment, torture, or chronic abuse. An aggravated circumstance may also include any of the following:

a. Allowing a child to use alcohol or illegal drugs to the point of abuse, neglect, or substantial risk of harm.

b. Substance misuse or abuse, or both, by a parent or interfering with the ability to keep the child safe and refusal of a parent to participate in or complete treatment, or where treatment has been unsuccessful.

c. A parent demonstrating extreme disinterest in the child by doing either of the following:

1. Not complying with the steps outlined in the individualized service plan or case plan over a period of six months.

2. Repeatedly leaving the child with someone who is unwilling or incapable of providing care and not returning for the child as promised.

d. Abandoning an infant or young child when the identity of the child is unknown and the parent is unknown or unable to be located after a diligent search.

e. When the parent has an emotional or mental condition and there is clearly no treatment that can improve or strengthen the condition enough to allow the child to remain at home safely or to return home safely.

f. When a parent is incarcerated and the child is deprived of a safe, stable, and permanent parent-child relationship.

(2) Committed murder or manslaughter of another child or murder or manslaughter of the other parent of the child.

(3) Been convicted of rape in the first degree pursuant to Section 13A-6-61, sodomy in the first degree pursuant to Section 13A-6-63, or incest pursuant to Section 13A-13-3. The juvenile court shall make a finding that the crime of rape, sodomy, incest, or other sexual abuse actually occurred by the parent against a child in any instance where the parent has been convicted as described in this subdivision.

(4) Aided or abetted, attempted, conspired, or solicited to commit murder or manslaughter of another child or aided or abetted, attempted, conspired, or solicited to commit murder or manslaughter of the other parent of the child.

(5) Committed a felony assault which resulted in serious bodily injury to the child or another child or to the other parent of the child. The term serious bodily injury means bodily injury which involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

(d) Nothing in the exceptions to making reasonable efforts listed in subsection (c) shall be interpreted to require the reunification of a child with a stepparent or paramour of a parent under similar circumstances. The crimes listed in subsection (c) may include those from other states or federal crimes if the elements of the crimes are substantially similar to those crimes in this state.

(e) If reasonable efforts are not made with respect to a child as a result of a determination made by a juvenile court in situations as described above, a permanency hearing, as provided in Section 12-15-315, in which in-state or out-of-state placement options for the child are considered, shall be held for the child within 30 days after the determination. Reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize permanent placement of the child. Reasonable efforts to place a child for adoption or with a legal guardian or legal custodian, including identifying appropriate in-state and out-of-state placements, may be made concurrently with other reasonable efforts.
Ala. Code § 12-17-204 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-204
Section 12-17-204 Coverage; Contributions; Participation
Status: reserved

Repealed by Act 2000-155, p. 221, §1, effective March 24, 2000.
Ala. Code § 12-23A-10 — Alabama Code / Title 12 / Chapter 23A / Section 12-23A-10
Section 12-23A-10 Functions of Administrative Office of Courts
Status: in_force

(a) To protect the privacy of an offender in accordance with federal and state confidentiality laws, treatment records shall be kept in a secure environment, separated from the court records to which the public has access.

(b) The offender shall be responsible for all fees, court costs, and restitution associated with the terms of release of the offender, supervision, treatment, and successful completion in an accountability court, unless the offender is determined to be indigent, in which event the fees may be waived in whole or in part. Determination of indigency shall be subject to continuing review by the accountability court. All fees, which do not include regular court costs normally collected by the clerk of court, shall be collected and accounted for by the accountability court in accordance with generally accepted uniform accounting principles. Accountability courts shall establish and maintain a uniform accounting system.

(c) The annual reports and all records of accounts and financial records of all funds received from fees or by grant, contract, or otherwise from state, local, or federal sources may be subject to audit by the Chief Examiner of the Department of Examiners of Public Accounts. The audit may be performed by a licensed independent certified public accountant.

(d) All audits shall be completed as soon as practicable. One copy of each audit shall be furnished to the presiding circuit judge, the district attorney, the Administrative Director of Courts, and the Chief Examiner of the Department of Examiners of Public Accounts. The audit report shall be considered a public writing.
Ala. Code § 12-21-181 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-181
Section 12-21-181 Compelling of Appearance and Testimony of Expert Witnesses
Status: in_force

A witness who is an expert in any art, science, trade or profession may be compelled to appear and testify to an opinion as such expert in relation to any matter whenever such opinion is material evidence relevant to an issue on trial before a court or jury without payment or tender of compensation other than the per diem and mileage allowed by law to witnesses under the same rules and regulations by which he can be compelled to appear and testify as to his knowledge of facts relevant to the same issue.
Ala. Code § 12-17-24 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-24
Section 12-17-24 Presiding Judges - Supervision of Judges and Other Court Personnel
Status: in_force

The presiding circuit judge shall exercise a general supervision of the judges, clerks, registers, court reporters, bailiffs, sheriffs and other court employees of the circuit and district courts within the circuit, except employees of the clerk, and see that they attend strictly to the prompt, diligent discharge of their duties.
Ala. Code § 12-14-31 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-31
Section 12-14-31 Powers Generally; Designation of Other Municipal Officers to Approve Appearance and Appeal Bonds
Status: in_force

(a) A municipal judge may administer oaths, compel the attendance of witnesses and compel the production of books and papers, punish by fine not exceeding $50.00 and/or imprisonment not exceeding five days any person found and adjudged to be in contempt of court and shall have power coextensive with the jurisdiction of the district court to issue writs and other process and to approve and declare bonds forfeited. In contempt of court cases brought pursuant to Section 12-19-311(c) and (d), a municipal judge may punish by a fine not exceeding five hundred dollars ($500).

(b) The municipal judge or, when there is more than one judge in the municipality, the presiding judge shall designate any other municipal officers who shall be authorized to approve appearance and appeal bonds.
Ala. Code § 12-3-27 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-27
Section 12-3-27 Law Clerks - Appointment
Status: in_force

Each judge of each court of appeals is authorized to appoint one law clerk to assist the appointing judge in the performance of his duties.
Ala. Code § 12-15-501 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-501
Section 12-15-501 Definitions
Status: in_force

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

(1) COUNTY TEAM. A county children’s services facilitation team.

(2) MULTIPLE NEEDS CHILD. A child coming to the attention of the juvenile court or one of the entities listed herein who is at imminent risk of out-of-home placement or a placement in a more restrictive environment, and whose needs require the services of two or more of the following entities: Department of Youth Services, public school system (services for exceptional needs), Department of Human Resources, Department of Public Health, juvenile probation officers, or Department of Mental Health.

(3) STATE TEAM. The Alabama Children’s Services Facilitation Team.
Ala. Code § 12-15-410 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-410
Section 12-15-410 Evidence in Commitment Proceedings for Minor and Child with an Intellectual Disability
Status: in_force

(a) At the final hearing upon a petition seeking to commit a minor or child to the department on the basis that the minor or child is a person with an intellectual disability, the juvenile court may grant the petition if clear and convincing evidence proves all of the following:

(1) The minor or child sought to be committed is a person with an intellectual disability.

(2) The minor or child is not mildly retarded, as defined by the department.

(3) The minor or child, if allowed to remain in the community, is likely to cause serious injury to himself, herself, or others, or that adequate care, rehabilitation, and training opportunities are available only at a facility provided by the department.

(b) Upon these findings, the juvenile court shall enter an order setting forth the findings, and may order the minor or child committed to the custody of the department.

(c) The commissioner of the department, or his or her designee, may designate a facility outside the department where a committed child or minor may receive care and treatment and may place the child or minor in the designated facility upon commitment to the department.
Ala. Code § 12-11A-5 — Alabama Code / Title 12 / Chapter 11A / Section 12-11A-5
Section 12-11A-5 Filing Fee
Status: in_force

A filing fee of one hundred dollars ($100) shall be required with every petition to appoint a private judge. This one hundred dollar ($100) fee shall be distributed in equal parts to the Administrative Office of Courts and to the office of the clerk of the county in which the case being heard by the private judge is pending. Otherwise, costs in an action brought before a private judge shall be taxed and distributed in the same manner as costs in the circuit court of the county in which the case is filed.
Ala. Code § 12-1-6 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-6
Section 12-1-6 Procedure When Local Legislation Affecting Judiciary Introduced in Legislature
Status: in_force

Whenever any bill is introduced in any session of the Legislature which pertains to the judiciary, which bill calls for local or less than statewide application, the Clerk of the House of Representatives or the Secretary of the Senate shall immediately deliver a certified copy of such bill to the Administrative Director of Courts, who shall, within 10 days after receipt of such certified copy of said bill, file an instrument in writing expressing an opinion pertaining to the constitutionality of such bill. Said instrument in writing shall be filed with the chairman of the House Judiciary Committee, the chairman of the Senate Judiciary Committee, the Clerk of the House of Representatives and the Secretary of the State Senate.
Ala. Code § 12-16-56 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-56
Section 12-16-56 Discrimination Prohibited
Status: in_force

A citizen shall not be excluded from jury service in this state on account of race, color, religion, sex, national origin or economic status.
Ala. Code § 12-16-193 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-193
Section 12-16-193 Sheriff to Deliver Book of Accounts with State for Feeding of Prisoners to Grand Jury for Examination as to Correctness of Accounts
Status: in_force

It shall be the duty of the sheriff to deliver the book in which he enters his accounts with the state for feeding prisoners to the foreman of the grand jury of the circuit court of such county upon the first day of each session thereof, and it shall be the duty of the grand jury to inquire into the correctness of such accounts as may have been made out since the preceding session.
Ala. Code § 12-17-81 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-81
Section 12-17-81 (Effective January 1, 2025) Annual Salary
Status: in_force

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

(1) ANNIVERSARY DATE. Annually, the first Monday after the second Tuesday in January.

(2) CIRCUIT CLERKS. All circuit clerks in the Unified Judicial System and the Deputy Circuit Clerk of the Bessemer Division in the Tenth Judicial Circuit.

(3) PAY PLAN. The pay plan adopted by the Unified Judicial System personnel system, or its successor entity, providing the pay range with steps, as the same may be amended from time to time.

(4) STATE SALARY. The annual salary of circuit clerks and district clerks payable from the State Treasury.

(b) Effective beginning with the term of office commencing in January 2025, the annual salary of circuit clerks who first take office by appointment or election on or after that date payable from the State Treasury shall be fixed at step one of pay grade 86 of the pay plan and the annual salary of circuit clerks serving in office prior to that date and continuing to serve who are receiving a salary in pay grade 84 shall be fixed at the corresponding step in pay grade 86 of the pay plan. Thereafter, the state salary of circuit clerks shall be increased annually on the anniversary date, by one step on the pay plan until the maximum step authorized by the pay plan is reached.

(c) This section shall not diminish any local supplement provided to a circuit clerk pursuant to any general or local act in effect on of the effective date of the act adding this language; provided further that nothing in this section shall increase any local supplement. In no event shall the annual state salary of any circuit clerk be diminished by this section.
Ala. Code § 12-21-37 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-37
Section 12-21-37 Private Legislative Acts
Status: in_force

All private acts of the legislature of this or any other state of the United States may be given in evidence without being specially pleaded.
Ala. Code § 12-25-7 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-7
Section 12-25-7 Executive Committee
Status: in_force

The executive committee of the commission shall be composed of the chair and four other members selected by the commission and shall conduct business as authorized by the commission or as permitted in Section 12-25-12.
Ala. Code § 12-13-31 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-31
Section 12-13-31 Qualifications
Status: in_force

A probate judge must be a citizen of the state and must have resided in the county for which he is elected or appointed for one year preceding the election or appointment.
Ala. Code § 12-13-43 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-43
Section 12-13-43 Maintenance of General Direct and Reverse Indexes of Instruments Filed for Record; Liability of Probate Judge for Failure to Comply with Provisions of Section
Status: in_force

The probate judge of each county in this state shall keep in his office four well-bound books of suitable size and grade of paper in which to make a general direct and a general reverse index of each instrument filed for record in his office, and two of said books shall be used for conveyances of real property and two for conveyances of personal property and all other instruments entitled to record in his office. In the general direct indexes he shall enter, in regular alphabetical order, under appropriate title, the name of each maker of the instrument, the name of each person to whom made, the date and character of such instrument and the date filed for record; and, in the general reverse indexes, in like alphabetical order, under its appropriate title, he shall enter the name of each person to whom the instrument is made, the name of each person by whom the instrument is made, the date and character of such instrument and the date filed for record. Instruments containing conveyances of both real and personal property shall be entered upon each set of indexes.

Immediately on receipt of any instrument to be recorded, the probate judge shall make the entries required by this section; and, after recording the instrument, the books and page in which the record is made shall be noted opposite each name thus placed in such general direct and in such general reverse indexes.

Failure to comply strictly with the provisions of this section shall subject the probate judge to a penalty of $100.00 for each failure, to be recovered by any person who institutes a civil action for the same, besides damages to any person injured by such failure.
Ala. Code § 12-21-163 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-163
Section 12-21-163 Witness Having Interest
Status: in_force

In civil actions and proceedings, there must be no exclusion of any witness because he is a party or interested in the issue tried, except that no person having a pecuniary interest in the result of the action or proceeding shall be allowed to testify against the party to whom his interest is opposed as to any transaction with, or statement by, the deceased person whose estate is interested in the result of the action or proceeding or when such deceased person, at the time of such transaction or statement, acted in any representative or fiduciary relation whatsoever to the party against whom such testimony is sought to be introduced, unless called to testify thereto by the party to whom such interest is opposed or unless the testimony of such deceased person in relation to such transaction or statement is introduced in evidence by the party whose interest is opposed to that of the witness or has been taken and is on file in the case. No person who is an incompetent witness under this section shall make himself competent by transferring his interest to another.
Ala. Code § 12-17-271 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-271
Section 12-17-271 Existing Positions Continued; Authorization of Additional Positions by Administrative Director of Courts
Status: in_force

Positions for court reporters existing on October 10, 1975, shall continue as provided by law. Additional positions for court reporters in the circuit and district court may be authorized by the Administrative Director of Courts upon recommendation of presiding circuit judges.
Ala. Code § 12-13-22 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-22
Section 12-13-22 Requirement to Redact, Remove, Etc., Social Security Number or Birthdate on Certain Documents; Electronic Availability of Records
Status: in_force

(a) Before recording any document, with the exception of federal and state tax liens, as public record with the probate court that conveys any interest in real or personal property or purports to encumber an interest in real or personal property, or any other document, including military discharge forms, that is filed as a public record in the probate court, the person submitting the document for recordation shall redact, remove, or otherwise make illegible any Social Security number appearing in the document. Removal of the Social Security number shall be a condition to filing the document.

(b) Before recording any document, with the exception of federal and state tax liens, as public record with the probate court that conveys any interest in real or personal property or purports to encumber an interest in real or personal property, the person submitting the document for recordation shall redact, remove, or otherwise make illegible any birthdate if it appears in the document in connection with a person’s name unless the birthdate is required by law to be included in the document or is a necessary part of the document.

(c) The judge of probate, in accordance with this section, may redact, remove, or otherwise make illegible a Social Security number or birthdate appearing in connection with a person’s name that appears in any document, with the exception of federal and state tax liens, that conveys any interest in real or personal property or purports to encumber an interest in real or personal property and is recorded in the probate court, or any other document, including military discharge forms, that is filed as a public record in the probate court. Notwithstanding the foregoing, dates of birth shall not be redacted, removed, or otherwise made illegible on marriage certificates.

The judge of probate may make such records available to the public in electronic format and publish such records on the Internet.

(d) To the extent federal law conflicts with this section, an instrument shall contain the information required by and shall be filed in a manner that complies with federal law.

(e) The failure to comply with the requirements of this section shall not invalidate or adversely affect any document which is recorded even though that document does not comply with the requirements of this section.
Ala. Code § 12-13-53 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-53
Section 12-13-53 Failure to Collect Recording or Registration Tax, Etc., Upon Mortgages, Deeds of Trust, Etc
Status: in_force

Any probate judge who shall file for record or shall record any mortgage, deed of trust or other instrument in the nature of a mortgage without collecting the recording or registration tax provided for the recording or registration of such instruments or who shall fail to certify the fact that said tax has been paid before the filing and recording of such instrument shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $10.00 nor more than $100.00.
Ala. Code § 12-18-87 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-87
Section 12-18-87 Benefits
Status: in_force

(a) Judges’ retirement benefits. - The annual retirement benefit payable to a probate judge retiring pursuant to subdivisions (2), (3), (4), and (5) of Section 12-18-84 shall be 75 percent of the base sum or salary upon which such judge is paying the percentage as provided in subsection (a) or subsection (b) of Section 12-18-82 immediately prior to retirement. Such retirement benefit shall be payable monthly from the State Treasury for the life of the beneficiary.

(b) Spouses’ benefits. - After the death of any probate judge who has held office for a minimum of five years, his or her spouse shall receive a yearly benefit from the State Treasury equivalent to the greater of $480.00 per year, multiplied by the number of years of service, not to exceed 10 years, or three percent of the base sum or salary upon which such probate judge was paying the percentage as provided in subsection (a) or subsection (b) of Section 12-18-82 immediately prior to retirement, multiplied by the number of years service, not to exceed 10 years, payable monthly for the remainder of such spouse’s life or until his or her remarriage.

(c) Judges’ disability benefits. - Any probate judge retiring pursuant to subdivision (1) of Section 12-18-84, who has served for 10 years or more shall be entitled to a disability benefit allowance payable monthly from the Judicial Retirement Fund equal to 75 percent of the base sum or salary specified in subsection (a) or (b) of Section 12-18-82 applicable at the time of retirement. If such disabled probate judge has served less than 10 years, he shall be entitled to receive from the State Treasury a monthly disability benefit that is equal to 25 percent of such base sum or salary plus 10 percent of such base sum or salary for each year of service in excess of five years; provided, however, that in no event shall such justice or judge receive less than 30 percent of the annual salary being paid to a full-time probate judge, as the case may be, from the State Treasury.

(d) Minimum age for receipt of retirement benefits, etc. - Any provision of this article to the contrary notwithstanding, a probate judge shall not be eligible to retire on service or otherwise receive service retirement benefits on account of his participation in said fund unless such member shall have attained 60 years of age; provided, however, that nothing in this subsection shall be construed as limiting, altering or amending existing provisions of law relating to eligibility for entitlement to disability benefits.
Ala. Code § 12-19-135 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-135
Section 12-19-135 Witness Fees in Probate Court - Generally; Inquisition Proceedings Regarding Mental Illness
Status: in_force

Witnesses in proceedings in probate court are entitled to the same fees as in circuit court, to be taxed as costs, except in inquisition proceedings regarding mental illness, in which they shall receive $.75 per day, to be taxed and collected the same as fees or compensation of jurors in such cases as provided by Section 12-19-113.
Ala. Code § 12-19-113 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-113
Section 12-19-113 Probate Court - Proceedings to Pass Upon Soundness of Mind of Person
Status: in_force

Jurors summoned under the provisions of this code to pass upon the soundness of mind of a person, with a view to the appointment of a guardian, are each entitled to receive $5.00 per day of attendance, to be paid on the certificate of the probate judge in the same manner as regular jurors are paid.
Ala. Code § 12-13-4 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-4
Section 12-13-4 Where Cases, Etc., May Be Heard, Etc., in Counties Where Terms of Court Held in Places Other Than County Seat
Status: in_force

In all counties in this state where terms of the probate court are held at places other than the county seat, the probate courts of such counties may try any case, sign any order, judgment or decree arising in said county and hear and determine any matter, case or proceedings at any time at either the county seat or at any place other than the county seat where such matter, case or proceedings may be legally heard, tried or determined.
Ala. Code § 12-21-140 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-140
Section 12-21-140 Motion to Exclude Answer Unnecessary
Status: in_force

Where there is an objection to a question propounded to a witness in the trial of any case and the objection is overruled, it shall not be necessary to make a motion to exclude the answer of the witness in order to put the court in error on its ruling on such objection.
Ala. Code § 12-8-1 — Alabama Code / Title 12 / Chapter 8 / Section 12-8-1
Section 12-8-1 Creation; Composition; Designation of Members
Status: in_force

A Judicial Conference for the State of Alabama is hereby created, which shall consist of: The Chief Justice of the Supreme Court of Alabama and two associate justices of such court, designated by the Chief Justice; a member of the Court of Criminal Appeals, designated by the presiding judge of that court; a member of the Court of Civil Appeals, designated by the presiding judge of that court; three circuit judges of the state, designated by the president of the association of circuit judges; three lawyers, who are members in good standing of the Alabama State Bar, designated by the president of the Alabama State Bar; one probate judge, designated by the president of the association of probate judges; and, subsequent to establishment of the district courts of Alabama, two district court judges, designated by the president of the association of district judges, and two municipal court judges, designated by the president of the association of municipal court judges.
Ala. Code § 12-2-33 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-33
Section 12-2-33 Ordering of Special Sessions of Courts, Etc
Status: in_force

Whenever in the opinion of the Chief Justice the business in any of the courts is being delayed or is unnecessarily congested or unnecessarily accumulated, he shall order adjourned or special sessions of court or the calling of the cases on the dockets for trial by sending a written order to the clerk of the court, which order shall be spread upon the minutes of the court as a part of the organization thereof, and he may direct the judge of any circuit at any time to call or order an adjourned or special session of any court in the circuit of such judge for the trial of all cases, civil or criminal, and the circuit judge shall immediately make such orders and issue such process and notice as shall be necessary for the calling, convening and holding of such sessions of court according to law.
Ala. Code § 12-16-211 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-211
Section 12-16-211 Disclosure of Testimony Before Grand Jury by Witness Prior to Arrest, Etc., of Person Indicted
Status: in_force

Any person who, having been a witness before the grand jury, discloses the name of the person about whom he testified or any of the facts to which he testified before the arrest of the person against whom he testified or before such person has given bail for his appearance to answer the indictment or indictments found against him shall, on conviction, be fined not less than $100.00 and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
Ala. Code § 12-15-506 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-506
Section 12-15-506 County Teams Established; Appointments; Meetings; Duties
Status: in_force

(a) A county team is created in each county of the state The county team shall consist of a representative appointed by the head of the following departments, agencies, or organizations: The local education agency or agencies, the county department of human resources, the Department of Mental Health, the Department of Youth Services, and a juvenile probation officer appointed by the presiding juvenile court judge.

(b) Appointments to the county team shall be for a term of three years beginning October 1, 1993, and each three years thereafter and until their successors are appointed, except that the initial appointments of the representatives of the county department of human resources and the Department of Mental Health shall be for three years; the initial appointments of the representatives of the local education agency or agencies and the Department of Youth Services shall be for two years; and the initial appointment of the juvenile probation officer shall be for one year. Any vacancies in the appointed positions shall be filled in like manner as their predecessors and shall serve for the remainder of the term of their predecessors and until a successor is appointed. Representatives may be reappointed for additional terms.

(c) The county team shall annually select one of its members to serve as chair and may select other officers as needed.

(d) Meetings of the county team may be held as needed. The county team shall meet during its normally scheduled time when a case is referred by a juvenile court or from notice of a member that there is a need for the county team to develop a service plan.

(e) The county team shall:

(1) Comply with the guidelines, policies, and procedures promulgated by the State Team and approved by the Executive Council of the State Team.

(2) Be authorized to develop guidelines, policies, and procedures, not in conflict with the minimum standards established by the State Team, for the county team.

(3) Be authorized to exchange records, documents, and information among members of the county and State Teams, as well as the departments or agencies the members represent, for the purposes of assessment, planning, and delivery of services to children.

(4) By consensus, develop an individualized service plan to meet the needs of each child who is accepted by the county team.

(5) Consult with the State Team whenever the county team is unable to reach an agreement as to a service plan. In the event a county team requests assistance of the State Team because of an inability to agree on a plan or needs assistance developing or implementing a plan, the service plan developed by the State Team shall be binding on the county team, as well as the departments, agencies, or organizations represented.

(6) Work with the county children’s policy council to ensure that appropriate local services are developed, modified, or expanded as the needs of children within the community are identified.

(7) Be authorized to accept and use funds available to it from all sources, including, but not limited to, grants, appropriations, gifts, and donations for the purpose of implementing this section. All these funds shall be deposited into the county multiple needs children fund, which shall be under the management of the county team. Moneys of the fund may be withdrawn by vouchers or checks authorized by the chair of the county team in accordance with the operations plan approved by the county team.
Ala. Code § 12-13-47 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-47
Section 12-13-47 Execution of Contract for Rebinding of Books by Probate Judge; Surrender of Custody of Books for Rebinding
Status: in_force

If the county commission deems it advisable to rebind any of the books of the county, it shall be lawful for the probate judge to contract with a book bindery for the rebinding of such book, taking due precaution for the safety of the book and its due and proper return. For this purpose, the probate judge may surrender custody of a book for a period of not longer than 30 days.
Ala. Code § 12-19-21 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-21
Section 12-19-21 Administrative Director of Courts to Prescribe Procedures for Collection and Distribution of Court Fees
Status: in_force

The Administrative Director of Courts shall prescribe procedures for the collection and distribution of court fees.
Ala. Code § 12-3-9 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-9
Section 12-3-9 Appellate Jurisdiction of Court of Criminal Appeals
Status: in_force

The Court of Criminal Appeals shall have exclusive appellate jurisdiction of all misdemeanors, including the violation of town and city ordinances, habeas corpus and all felonies, including all post conviction writs in criminal cases.
Ala. Code § 12-9A-6 — Alabama Code / Title 12 / Chapter 9A / Section 12-9A-6
Section 12-9A-6 Meetings and Records
Status: in_force

The Judicial Resources Allocation Commission shall be subject to the Alabama Open Meetings Act and the Alabama Open Records Act.
Ala. Code § 12-19-191 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-191
Section 12-19-191 Constables
Status: in_force

(a) Constables shall be entitled to the following fees in criminal cases:

(1) For executing a search warrant by day ..... $1.00

(2) For executing a search warrant by night ..... 2.00

(3) For executing any other warrant or writ of arrest ..... 1.50

(4) For serving each subpoena or notice issued by a court of the Unified Judicial System ..... .50

(5) For carrying a person before a magistrate under a warrant of arrest or to jail when committed thereto, for himself and each necessary guard, to be proved by his own oath, for each mile ..... .10

(6) For carrying a prisoner to the jail of another county, when there is no sufficient jail in the proper county, the same fees that were allowed to the sheriff for similar services on December 18, 1973, to be paid in the same manner.

(7) For taking and approving each bond of undertaking ..... .50

(b) In all criminal prosecutions, the fees specified in subsection (a) of this section for the services rendered in the case shall be payable from the county treasury upon a sworn statement certified by the circuit clerk and shall not affect the collection and distribution of uniform fees.
Ala. Code § 12-19-290 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-290
Section 12-19-290 Created; Purposes; Payments. (Amended by Act 2026-334)
Status: in_force

AMENDED BY ACT 2026-334, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) The Advanced Technology and Data Exchange Fund is created in the State Treasury.

(b) The fund shall consist of all monies paid into the State Treasury to the credit of the fund pursuant to Section 12-19-181 or by legislative appropriations, grant, gift, or otherwise.

(c) Monies contained in the Advanced Technology and Data Exchange Fund may be expended to provide for any activities involving the administration of justice including, but not limited to, the following purposes:

(1) Expand methods and means for collection and disbursement of court-ordered monies through the use of credit cards, electronic fund transfers, or other means and provide for electronic transfer of records and storage.

(2) Enhance coordination and sharing of data with local, state, and federal agencies, members of the bar, and the public.

(3) Provide equipment for electronically filing cases.

(4) Improve accountability for case filings and dispositions.

(5) Train and educate employees and officials on the state and municipal levels of the Unified Judicial System regarding legal and administrative policies and procedures and effective usage of the courts’ management systems.

(6) Provide education materials including, but not limited to, manuals, forms, handbooks, books, brochures, and technology for legal research and case management for court officials and employees and component groups of the legal community.

(7) Provide staff, services, and equipment required to maintain and expand technological improvements and conduct continuing education and training in these areas.

(8) Pay service charges, electronic transfer fees, or any other transaction costs associated with subdivisions (1) to (7), inclusive.

All such costs shall be paid out of funds appropriated to the Advanced Technology and Data Exchange Fund and shall not reduce amounts due to be distributed to other governmental funds or entities.

(d)(1) Subject to the adoption of uniform rules by the Administrative Office of Courts, the clerks of the circuit and district courts may accept credit cards, charge cards, or debit cards issued from any bank, foreign lender, domestic lender, or credit card bank as defined in Section 5-20-3 for the payment of court costs, fees, fines, forfeitures, judgments, restitution, attorney fees, any monies collected and payable to individuals, businesses or partnerships, or any person or entity or assessments of any kind. Any other provision of law to the contrary notwithstanding, the clerk of the court or agent thereof accepting payment as provided for in this subsection shall impose and collect a surcharge or convenience fee in respect of payments made by credit card, charge card, or debit card for any of the above in an amount not exceeding the sum of the following: a. the transaction fee or discount charged by the credit card, charge card, or debit card issuer or processor with respect to such payments; and b. any cost or fee charged with respect to the payments pursuant to agreement between the Administrative Office of Courts and a contracting entity which provides software, support, and management services in connection with the acceptance of payment by credit card, charge card, or debit card by the clerks of the circuit and district courts as provided herein.

(2) The imposition and validity of any surcharges or convenience fees heretofore charged and collected by clerks of the circuit or district courts or their agents prior to June 1, 2014, are hereby ratified and confirmed.

(e) The Administrative Director of Courts or any municipality may contract with any company that issues credit cards to collect and seize credit cards issued by any company that are outdated or otherwise unauthorized. The state or municipality may charge the company a fee for the return of the credit cards. Any fees collected pursuant to this subsection by state courts shall be deposited into the Advanced Technology and Data Exchange Fund and the fees collected by a municipal court shall be deposited into the general fund of the municipality.

(f) Procedures for implementing the provisions of Act 99-427 may be promulgated as Rules of Judicial Administration adopted by the Supreme Court of Alabama.

(g) At the end of any fiscal year, any unexpended or unencumbered monies contributed to or deposited in the fund from any source, except appropriations from other state funds, shall remain in the fund.

(h) The clerk of any court shall not be liable to any person for any action taken pursuant to this section if he or she acts in accordance with the rules adopted by the Administrative Office of Courts.
Ala. Code § 12-9-4 — Alabama Code / Title 12 / Chapter 9 / Section 12-9-4
Section 12-9-4 Chairman, Vice-Chairman and Secretary; Executive Committee
Status: in_force

The chairman of the commission shall be the Chief Justice of the Supreme Court of Alabama. The commission shall elect a vice-chairman and a secretary. The executive committee of such commission shall be composed of the chairman and four other members appointed by the chairman of the commission with the consent of the members of the commission.
Ala. Code § 12-16-32 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-32
Section 12-16-32 Appointment and Term of Office of Members
Status: in_force

The Governor shall appoint the members of the several jury commissions who shall constitute said several commissions during the Governor’s tenure of office and until their successors are appointed and qualified, and thereafter the Governor shall appoint the members of said jury commissions for and only during the tenure of office of the Governor making the appointment and until their successors are appointed and qualified.
Ala. Code § 12-19-313 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-313
Section 12-19-313 Assessment of Fees
Status: in_force

If the charge against a defendant in a case is disposed of by a finding of not guilty, no bill, dismissal or nolle prosequi without conditions, the fees imposed in the case pursuant to paragraph b. of subdivision (1) of subsection (a) of Section 12-19-311 shall not be assessed. In all other cases wherein the charge against a defendant is disposed of by conviction, a finding of guilty, or dismissal or nolle prosequi upon conditions to pay costs and fees, the fees pursuant to paragraph b. of subdivision (1) of subsection (a) of Section 12-19-311 shall be assessed. If the defendant is admitted to a pretrial diversion program or to a specialty court program, the fee shall be assessed as with other court costs and fees.
Ala. Code § 12-16-81 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-81
Section 12-16-81 Failure of Sheriff to Summon Juror Drawn, Failure of Juror Summoned to Attend Trial, Etc., Not Grounds for Quashing Venire or Continuing Case
Status: in_force

If the sheriff fails to summon any jurors drawn or any person summoned fails or refuses to attend the trial or there is any mistake in the name of any person drawn or summoned, none nor all of these grounds shall be sufficient to quash the venire or continue the case.
Ala. Code § 12-22-41 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-41
Section 12-22-41 Liability to Appellee for Taking Insufficient Surety
Status: in_force

For taking insufficient surety, the clerk, register or probate judge is liable to the appellee for the damages thereby sustained, unless the surety was generally reputed good for the amount when he was received; but the clerk, register or probate judge is not required to receive anyone as surety who refuses to answer on oath as to his sufficiency.
Ala. Code § 12-2-159 — Alabama Code / Title 12 / Chapter 2 / Section 12-2-159
Section 12-2-159 Library Tax
Status: in_force

For the maintenance of the supreme court library there shall be taxed in each civil case decided by the Supreme Court or the courts of appeals on appeal the sum of $5.00, which must be taxed and collected as other costs in the case and, when collected, must be paid by the clerk to the marshal and librarian, by whom it must be disbursed on the order of the justices.
Ala. Code § 12-21-5 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-5
Section 12-21-5 Copy of Hospital Records - Admissibility
Status: in_force

When the original would be admissible in any case or proceeding in a court in the state, a certified copy of the hospital records of any hospital organized or operated under or pursuant to the laws of Alabama, including records of admission, medical, hospital, occupational, disease, injury and disability histories, temperature and other charts, X rays and written interpretations thereof, pictures, photographs, files, written orders, directions, findings and reports and interpretations of physicians, doctors, surgeons, pathologists, radiologists, specialists, dentists, technicians and nurses, as well as of all employees of such hospital, forming a part of such hospital records as to the health, condition, state, injuries, sickness, disease, mental, physical and nervous disorders, duration and character of disabilities, diagnosis, prognosis, progress, wounds, cuts, contusions, lacerations, breaks, loss of blood, incisions, operations, injuries, examinations, tests, transfusions, hospitalization and duration thereof, medication, medicines, supplies, treatment and care and the cost, expenses, fees and charges therefor and thereof, a part of, or shown on or in, said hospital records of any patient in said hospital, when certified and affirmed by the custodian of said hospital records as provided in Section 12-21-7, shall be admissible in evidence, without further proof in any court in the state where admissible, if and when said hospital records were made and kept in the usual and regular course of business of said hospital and it was in the regular course of business of said hospital to make and keep said records and that said records were made at the time of such acts, transactions, occurrences or events therein referred to occurred or arose or were made, or within a reasonable time thereafter.
Ala. Code § 12-18-156 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-156
Section 12-18-156 Payments from Plan; Optional Allowances; Replacement Beneficiaries
Status: in_force

(a) Should a member cease to be a judge or clerk except by death or by retirement under the provisions of this article, the contributions standing to the credit of his or her individual account in the fund shall be paid to him or her upon demand and, in addition to that payment, there shall be paid five-tenths of the interest accumulations standing to the credit of his or her individual account if he or she shall have not less than three but less than 16 years of membership service, six-tenths of the interest accumulations if he or she shall have not less than 16 but less than 21 years of membership service, seven-tenths of the interest accumulations if he or she shall have not less than 21 but less than 26 years of membership service and eight-tenths of the interest accumulations if he or she shall have not less than 26 years of membership service.

(b) In case of the death of a member eligible for service retirement pursuant to Section 12-18-154, an allowance shall be paid to the surviving spouse, if designated as the sole beneficiary, in an amount that would have been payable if the member had retired immediately prior to his or her death and had elected Option 2, as set forth in subsection (d), or to such other person who the member shall have designated, in an amount that would have been payable if the member had retired immediately prior to his or her death and had elected Option 3, as set forth in subsection (d). Alternatively, if the surviving spouse or other designee desires, he or she may choose to receive, in lieu of the allowance provided under Option 2 or Option 3, the accumulated contributions of the member plus an amount equal to the accumulated contributions of the member not to exceed five thousand dollars ($5,000) or the accumulated contributions of the member plus the benefit provided by Section 36-27B-3 if a benefit is payable under that section.

(c) Upon the death of a member on account of whom no survivor allowance is payable under subsection (b), the accumulated contributions of the member plus an amount equal to the accumulated contributions not to exceed five thousand dollars ($5,000) or the accumulated contributions of the member plus the benefit provided by Section 36-27B-3 if a benefit is payable under that section shall be paid to his or her estate or to such person as he or she shall have nominated by written designation duly executed and filed with the Board of Control.

(d) Optional allowances. With the provision that the election of an option shall be effective on the effective date of retirement, any member may elect prior to retirement to receive, in lieu of his or her retirement allowance payable throughout life, the actuarial equivalent, at that time, of his or her retirement allowance in a reduced retirement allowance payable throughout life with the provisions that:

(1) OPTION 1. If he or she dies before he or she has received in annuity payments the present value of his or her annuity as it was at the time of his or her retirement, the balance shall be paid to his or her legal representatives or to the person as he or she shall nominate by written designation duly acknowledged and filed with the Board of Control;

(2) OPTION 2. Upon his or her death, his or her reduced retirement allowance shall be continued throughout the life of and paid to the person as he or she shall nominate by written designation duly acknowledged and filed with the Board of Control at the time of his or her retirement;

(3) OPTION 3. Upon his or her death, one half of his or her reduced allowance shall be continued throughout the life of and paid to the person as he or she shall nominate by written designation duly acknowledged and filed with the Board of Control at the time of his or her retirement; or

(4) OPTION 4. Some other benefit or benefits shall be paid either to the member or to the person or persons as he or she shall nominate; provided, that those other benefits, together with the reduced retirement allowance, shall be certified by the actuary to be of equivalent actuarial value to his or her retirement allowance and shall be approved by the Board of Control.

(5) Where the person designated by the member under this subsection to receive a continued retirement allowance is a beneficiary of a special needs trust established under Title 42 U.S.C. § 1396p(d)(4)(A) or (C), as amended, the retirement allowance payable to the person may be paid by the retirement system to the special needs trust upon written direction to the retirement system by the member or, after the member is deceased, by the designated person or by his or her legal representative if the designated person is a minor or is incapacitated.

(e) Notwithstanding any other provisions of this section to the contrary, when a designated beneficiary for a member predeceases the member who is receiving a monthly benefit allowance provided under Option 2, 3, or 4, the member may designate a replacement beneficiary for the deceased beneficiary to become effective two years after the date of designation of the replacement beneficiary and an actuarial adjustment in the monthly benefit allowance of the member to cover any cost associated with designating a replacement beneficiary shall be reflected thereafter in the monthly benefit allowance received by the member, commencing with the first benefit allowance check received by the member following the date of designation of the replacement beneficiary.

(f) Notwithstanding any provision of this section to the contrary, if a retired member who is receiving a monthly benefit allowance provided under Option 2, 3, or 4 divorces his or her designated beneficiary, the member may designate a replacement beneficiary for the beneficiary to become effective two years after the date of designation of the replacement beneficiary and an actuarial adjustment in the monthly benefit allowance of the member to cover any cost associated with designating a replacement beneficiary shall be reflected thereafter in the monthly benefit allowance received by the member, commencing with the first benefit allowance check received by the member following the date of designation of the replacement beneficiary.
Ala. Code § 12-17-340 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-340
Section 12-17-340 Judicial Secretaries
Status: in_force

(a) Classified positions of secretaries existing under local government merit systems. Classified positions of secretaries existing under local government merit systems in those circuits having 15 or more circuit judges, serving the courts on October 10, 1975, shall be subject to the provisions of the State Merit System and all other benefits applicable to state employees; provided, that they shall have the retirement benefit options described in subdivision (b) (2) of Section 12-17-4.

(b) Additional confidential secretaries. In circumstances other than those provided in subsection (a) of this section, each circuit and district court judge may employ a confidential secretary without regard to civil service qualifications or regulations, to serve at the pleasure of the judge. However, before the appointment thereof, the Administrative Director of Courts shall certify to the state Comptroller and presiding circuit judge of the respective circuit that such a secretary is needed. The compensation of confidential secretaries shall be fixed by the Administrative Director of Courts.
Ala. Code § 12-17-186 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-186
Section 12-17-186 Appointment of Attorney to Act for District Attorney When Office Vacant, District Attorney Disqualified, Etc
Status: in_force

(a) The presiding judge of the circuit court, the district court or the municipal court, when the district attorney or assistant district attorney regularly required by law to prosecute criminal cases in such court is absent, or connected with the party against whom it is his duty to appear by consanguinity or affinity within the fourth degree, or when there is a vacancy in the office from any cause, or when the district attorney refuses to act, may appoint a competent attorney to act in such district attorney’s place, but such appointment shall in no event extend beyond the session of the court at which the appointment is made.

(b) The attorney so appointed shall receive for his services the sum of $25.00 per day for the time he is actually engaged in court, to be paid on the warrant of the Comptroller if the district attorney for whom he is appointed to act is paid by the state, there being hereby appropriated annually out of the general funds in the State Treasury a sum of money sufficient to pay such attorney; and he shall be paid by the county for his services the sum of $25.00 per day for the time he is actually engaged in court on warrant of the probate judge or presiding officer of the county commission if the district attorney for whom he is appointed to act is paid by the county.

(c) The clerk of the court appointing an attorney to act in a district attorney’s place or, if there is no clerk, the presiding judge of such court, shall certify to the Comptroller in writing the number of days such attorney was so engaged in court if the district attorney for whom he is appointed to act is paid by the state, and shall certify to the probate judge or presiding officer of the county commission in writing the number of days such attorney was so engaged in court if the district attorney for whom he is appointed to act is paid by the county, and such certification shall be the basis for the warrant to be drawn by the Comptroller or the probate judge or presiding officer of the county commission as the case may be.
Ala. Code § 12-21-40 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-40
Section 12-21-40 Handwriting - Comparison of Disputed Writing with Genuine
Status: in_force

Comparison of a disputed writing with any writing admitted to be genuine or proven to the reasonable satisfaction of the court to be genuine shall be permitted to be made by witnesses who are qualified as experts or who are familiar with the handwriting of the person whose handwriting is in question, and such writings and the evidence of witnesses respecting the same may be submitted to the court or jury trying the case as evidence of the genuineness or otherwise of the writings in dispute.
Ala. Code § 12-19-25 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-25
Section 12-19-25 Applicability
Status: in_force

(a) The increase in fees provided in this act shall in no instance operate to increase the municipal share of the docket fees collected in municipal ordinance cases in the district and circuit courts; any provision of the law to the contrary notwithstanding.

(b) Except for law library fees, the fees and costs prescribed in this act for circuit and district courts shall be exclusive of all other fees and costs that are prescribed by general law for such courts.

(c) The fees and costs provided herein shall be assessed and collected in all civil cases or proceedings filed on or after August 5, 1983 and in all criminal cases wherein the defendant is adjudicated guilty or pleads guilty or where a bond is forfeited and the result of the forfeiture is a final disposition case on or after August 5, 1983.
Ala. Code § 12-16-224 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-224
Section 12-16-224 Written Reports; Form
Status: in_force

The grand juries of this state may make written reports as provided by law, however, the judges of each judicial circuit may provide by court rule for the form and content of such grand jury reports to accomplish the purposes of this division.
Ala. Code § 12-21-247 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-247
Section 12-21-247 Conditional Judgment Against Defaulting Witnesses - Entry
Status: in_force

Any witness who is duly summoned in a criminal case and who fails to appear as commanded shall forfeit $100.00 to the party at whose instance he was summoned, for which a conditional judgment must be entered against him.
Ala. Code § 12-16-196 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-196
Section 12-16-196 District Attorney and Grand Jury Entitled to Free Access to County Jail and Office of County Treasurer and to Examination of Records and Papers in County Offices
Status: in_force

The district attorney and the grand jury shall be entitled to free access, at all proper hours, to the county jail, to the office of the county treasurer and to examination, without charge, of all records and other papers in any of the county offices connected in any way with their duties.
Ala. Code § 12-17-92 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-92
Section 12-17-92 Compensation of Circuit Clerks
Status: in_force

Each circuit clerk shall be compensated by the state at a salary established by law; provided, however, that any supplemental salary now provided to circuit clerks by their respective counties on May 28, 1980, shall not be diminished; and provided, further, that any county may, pursuant to a local act already enacted or hereafter enacted, pay a circuit clerk a supplemental salary from the general fund of such county in excess of any supplemental salary provided for by this section.
Ala. Code § 12-23-8 — Alabama Code / Title 12 / Chapter 23 / Section 12-23-8
Section 12-23-8 Enforcement
Status: in_force

Compliance with any order authorized pursuant to this chapter relating to education and/or treatment may be enforced by the court through exercise of its contempt powers; or, where made a condition of probation, by revocation thereof for non-compliance.
Ala. Code § 12-20-29 — Alabama Code / Title 12 / Chapter 20 / Section 12-20-29
Section 12-20-29 Substitution of Lost, Etc., Papers or Records in Civil Cases - How Made - After Determination of Action or Proceeding
Status: in_force

If, after the determination of any civil action or proceeding, the original papers, or any part thereof pertaining thereto, which are not of record are lost, mislaid, destroyed or mutilated, if the record of such papers with such papers should be lost, mislaid, destroyed or mutilated or if the record of any judgment or decree of any judicial proceeding or quasi-judicial proceeding, or any part thereof, should be lost, mislaid, destroyed or mutilated, any party in interest may, on application in writing, stating the facts, accompanied with the substitute proposed of such lost, mislaid, destroyed or mutilated paper or record, verified by affidavit, obtain an order of substitution. If the adverse party is of full age, of sound mind and a resident of the state, notice of the application and a copy thereof, accompanied with a copy of the proposed substitute, must be served on him at least 10 days before the session of the court in which such application is made. If he is of unsound mind or an infant residing in the state, notice must be served on his guardian or, if he has no guardian, upon the person with whom he resides or in whose care or custody he may be; but, if such party, whether he is of full age and sound mind, an infant or of unsound mind, resides without the state or his residence is unknown, upon affidavit stating the facts, the register, or the clerk of the court or the probate judge, must make and enter an order of publication as to such party and cause notice to be given by publication for three successive weeks in some newspaper published in the county or, if there is no such newspaper, in a newspaper published in an adjoining county. If the adverse party is of unsound mind or an infant, the court must appoint a guardian ad litem to represent and defend for him. On the hearing, the court may receive affidavits and counter affidavits as to the correctness of the proposed substitute.
Ala. Code § 12-1-15 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-15
Section 12-1-15 Benefits to Which Judges, Officers, Employees, Etc., of Judicial Branch of Government Entitled; Uniformity of Treatment as to Benefits, Etc., of Supernumerary Justices and Judges and Retired Justices and Judges; Failure by Justice or Judge to Apply for Supernumerary or Retirement Benefits at Time of Leaving Active State Service Not to Forfeit Entitlement to Rights
Status: in_force

(a) Any justice, judge, officer, official or employee of the judicial branch of government, including retired and supernumerary justices, judges or employees, other than probate and municipal court judges and employees, shall be entitled to any and all employee benefits to which other state employees, officers or officials on active duty status are entitled, including, but not limited to, group hospital, medical and surgical insurance, regardless of whether such officer, official or employee is receiving his compensation from grant funds or otherwise.

(b) All supernumerary justices and judges and retired justices and judges shall fall within the retirement category and there shall be no differences between the same in regard to social security, tax benefits or advantages and employee benefits, and uniformity of treatment shall be given and accorded unless statutes specifically otherwise provide.

(c) Any justice or judge who is eligible or who will become eligible in the future for supernumerary benefits or retirement benefits shall not forfeit any right by failing to apply for such status at the time that he left or leaves active state service but shall be entitled to all such rights whenever he applies for the same.
Ala. Code § 12-21-280 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-280
Section 12-21-280 Short Title
Status: in_force

This subdivision may be cited as the “Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings.”
Ala. Code § 12-18-111 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-111
Section 12-18-111 Transfer of Contributions and Creditable Service - Eligibility Requirements; Adjusted Benefits; Formulas; District or Probate Judges Excepted; Spouses Benefits
Status: in_force

(a) Any member of the Judicial Retirement Fund of Alabama whose creditable service and contributions have been certified and transferred to the Judicial Retirement Fund, shall be entitled to retire under the said fund on service or disability, upon attaining sufficient years of age and creditable service, including credit for service transferred to the fund under the provisions of this article, to qualify for said retirement, in accordance with the service and age requirements contained in this chapter for the judicial position in which such member is serving at the time of retirement, subject to the adjustments in benefits and allowances provided for in this section.

The surviving spouse of a member of the Judicial Retirement Fund shall be entitled to count or employ creditable service certified and transferred under this article to the fund on or before the date of death of the member in order to qualify for any benefits and/or allowances provided for said spouse under this chapter, subject to the adjustments in benefits and allowances provided for in this section.

(b) In the event a member of the Judicial Retirement Fund or the surviving spouse thereof, except a district or probate judge or surviving spouse thereof, must employ and count creditable service transferred under this article to qualify for retirement and/or benefits under the fund, the benefits or allowances payable to such member or spouse shall be calculated as follows, and shall be in lieu of any and all other rights, benefits and allowances, except social security payments:

(1) The annual service allowance payable to such retiring member shall be an annual amount equal to the sum of:

a. The amount which results when the current salary payable by the state for the judicial position from which the member is retiring is multiplied by the percentage factor resulting from multiplying 75 percent by the ratio created when the member’s number of years of creditable service, excluding transferred credit, is compared to the number of years of creditable service required under this chapter, to retire on service with respect to the member’s age at the time of retirement; and

b. Two and one-eightieth percent of the member’s average final compensation, that is the average annual compensation, during the three years in the last 10 years of creditable service transferred under this article for which such average is highest, or during his entire period of transferred creditable service if less than three years credit is transferred under this article multiplied by the number of years of the member’s creditable service transferred under the provisions of this article.

The annual service allowance shall be payable to a retiring member in equal monthly installments but, anything this section to the contrary notwithstanding, shall not exceed 75 percent of the current salary payable from the state for the judicial position from which the member retired.

(2) The annual allowance payable to the surviving spouse of a member shall be an annual amount equal to the sum of:

a. Three percent of the current salary payable from the state for the judicial position from which the deceased member retired or in which the member was serving, prior to retirement, at the time of death multiplied by the member’s number of years of creditable service, excluding transferred credit; and

b. Forty percent of two and one-eightieth percent of the member’s average final compensation for the creditable service transferred under this article multiplied by the number of years of the members’ creditable service transferred under the provisions of this article.

The annual allowance to the surviving spouse shall be payable in equal monthly installments for the remainder of the surviving spouse’s life or until remarriage, but anything in this section to the contrary notwithstanding, said annual allowance shall not exceed 30 percent of the current salary payable by the state to the judicial position from which the member retired or in which said member was serving prior to retirement at the time of death.

(3) The annual disability allowance payable to a retiring member shall be an annual amount equal to the sum of:

a. A percentage of the current salary payable by the state for the judicial position from which the member is retiring multiplied by the member’s number of years of creditable service, excluding transferred credit, in accordance with the following schedule:

Creditable Service Percentage of Salary 1 5 2 10 3 15 4 20 5 30 6 35 7 45 8 55 9 65 10 75 and,

b. Two and one-eightieth percent of the average final compensation for the period of transferred service credit multiplied by the member’s number of years of creditable service transferred under this article.

The annual disability allowance shall be payable in equal monthly installments but, anything in this section to the contrary notwithstanding, said allowance shall not exceed 75 percent of the current salary payable by the state to the position from which the member retired.
Ala. Code § 12-19-46 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-46
Section 12-19-46 Liability for Receiving Unauthorized Fees - Officers
Status: in_force

Any officer authorized by law to take fees who knowingly receives any other or higher fees than are prescribed by law shall be liable to the party aggrieved for fourfold the fees so received, to be recovered in any court of competent jurisdiction.
Ala. Code § 12-16-75 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-75
Section 12-16-75 Duration of Service; Summons for Subsequent Service
Status: in_force

(a) Once selected, a juror shall serve on the jury for the duration of the trial unless excused by the presiding judge.

(b) A juror who has served on a petit jury in this state shall not be summoned to serve again as a petit juror in any court of this state for 24 months following the last day of service.
Ala. Code § 12-3-29 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-29
Section 12-3-29 Law Clerks - Salaries
Status: in_force

The salary of each such law clerk shall be the same as the salary paid to law clerks of the supreme court justices and shall be payable as the salaries of other state employees are paid.
Ala. Code § 12-17-198 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-198
Section 12-17-198 Appointment, Number and Compensation of Assistant District Attorneys
Status: reserved

(a) The district attorney may appoint full-time or part-time assistant district attorneys to perform prosecutorial duties in the district or circuit courts within the circuit for which the district attorney shall have administrative responsibility. The number and compensation of such assistant district attorneys shall be as otherwise authorized or provided by law.

(b) All general laws applicable within certain judicial circuits, general laws of local application and local laws providing for deputy or assistant district attorneys or circuit solicitors and the manner of election or appointment, compensation, duties, etc., of such officers, which said laws were in effect on the effective date of this code, shall continue in effect until amended or repealed by statute; provided, that all such officers shall be known as “assistant district attorneys.”
Ala. Code § 12-3-25 — Alabama Code / Title 12 / Chapter 3 / Section 12-3-25
Section 12-3-25 Office Hours of Clerks of Courts of Appeals
Status: in_force

The clerks of the courts of appeals must keep the office open for transaction of business on every day except Saturday, Sunday and legal holidays for such hours as may be directed by the courts of appeals.
Ala. Code § 12-1-8 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-8
Section 12-1-8 Cases in Which Courts May Issue Attachments and Inflict Summary Punishment for Contempt
Status: in_force

The powers of the several courts in this state to issue attachments and inflict summary punishment for contempts shall not extend to any other cases than:

(1) Disrespectful, contemptuous or insolent behavior in court, tending in any way to diminish or impair the respect due to judicial tribunals or to interrupt the due course of trial;

(2) A breach of the peace, boisterous conduct, violent disturbance or any other act calculated to disturb or obstruct the administration of justice, committed in the presence of the court or so near thereto as to have that effect;

(3) The misbehavior of any officer of the court in his official transactions or the disobedience or resistance of any officer of the court, party, juror, witness or any other person to any lawful writ, process, order, rule, decree or command thereof;

(4) Deceit or the abuse of the process of the proceedings of the court by any person or party or any unlawful interference with the processor proceedings of the court;

(5) Refusing to be sworn or to answer, either in the court or before the grand jury, any lawful question as a witness or garnishee;

(6) When summoned as a juror in a court, improperly conversing with a party to an action to be tried at such court or with any other person in relation to the merits of such action or receiving a communication from a party or other person, in respect to it, without immediately disclosing the same to the court; or

(7) Conversing with a juror, knowing him to be such, in relation to the merits of any action which he is engaged in the trial of or supplying any juror with refreshments of any kind, except water, during the time he is engaged in the trial of any cause, without leave of the court.
Ala. Code § 12-22-72 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-72
Section 12-22-72 Affirmation of Stayed Judgment - Generally
Status: in_force

When a judgment or decree is entered or rendered for money, whether debt or damages, and the same has been stayed on appeal by the execution of bond, with surety, if the appellate court affirms the judgment of the court below, it must also enter judgment against all or any of the obligors on the bond for the amount of the affirmed judgment, and the costs of the appellate court; and, upon the appeal of any judgment or decree entered or rendered for any amount of commissions, fees or compensation fixed or determined by the trial court and taxed or allowed as costs, if the appellate court affirms the judgment or decree of the court below and the payment thereof has been stayed on such appeal, judgment shall be entered by the appellate court against all or any of the obligors on the bond for the amount affirmed, and the costs of the appellate court; provided, however, that if no supersedeas bond has been executed on such appeal, the appellate court, in the event of affirmance, shall increase the amount so allowed as costs by the court below in the judgment or decree appealed from by adding thereto the costs of the appellate court.
Ala. Code § 12-14-5 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-5
Section 12-14-5 Admission to Bail of Persons Charged with Violations of Municipal Ordinances; Waiver of Appearance Bond
Status: in_force

Municipal judges shall admit to bail any person charged with violation of any municipal ordinance by requiring an appearance bond, with good security, to be approved by the respective municipal judges or their designees, in an amount not to exceed $1,000.00, and may, in their discretion, admit to bail such person on a personal recognizance bond, such bonds to be conditioned on the appearance of such person before the judge on a day named therein to answer the charges preferred against him. The municipal judge may waive an appearance bond upon satisfactory showing that the defendant is indigent or otherwise unable to make bond.
Ala. Code § 12-13-35 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-35
Section 12-13-35 Seal of Office
Status: in_force

The probate judge shall have a seal of office.
Ala. Code § 12-15-218 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-218
Section 12-15-218 Order Requiring Parent, Legal Guardian, or Legal Custodian to Assist Child in Complying with Terms of Probation; Penalties; Exemptions
Status: in_force

(a) In all cases where a child has been granted probation, the juvenile court, as a condition of granting probation to the child, may order the parent, legal guardian, or legal custodian of the child, if he or she is made a party to the proceedings, to assist the juvenile court in ensuring that the child complies with the terms of his or her probation.

(b) Prior to granting probation, the juvenile court shall explain to the parent, legal guardian, or legal custodian and the child the terms of his or her probation, including the responsibility and the penalty which may be imposed on all parties for failure to comply with the terms of the probation.

(c) A parent, legal guardian, or legal custodian, who after being made a party fails to assist the child in complying with the terms of the probation, may be held in civil or criminal contempt of court, or both.

(d) This section shall not apply to the parent, legal guardian, or legal custodian of a child who initiated a case by filing a petition alleging delinquency of the child.
Ala. Code § 12-13-16 — Alabama Code / Title 12 / Chapter 13 / Section 12-13-16
Section 12-13-16 Preparation, Etc., by Probate Judge, Register, Etc., of Papers, Documents, Etc., to Be Heard, Etc., by Such Judge or Register
Status: in_force

No probate judge or his clerk or any register shall prepare or assist in the preparation of any paper, document or instrument which is to be heard or determined by such judge or register or which may become a subject of controversy before such judge or register, but such judge or his clerk may prepare or assist in the preparation of acknowledgments and proof of conveyances, affidavits, oath, affirmations or any instrument which by law is required to be prepared by such judge.

Any probate judge or his clerk or any register who shall prepare or assist in the preparation of any paper, document or instrument in violation of this section shall be guilty of a misdemeanor and shall forfeit the sum of $300.00, one third to the use of the state and two thirds to the use of any person who may institute a civil action for the same; provided further, that any citizen of the county in which the violation may occur may institute a civil action, in his own name, for this penalty in the circuit court of said county.
Ala. Code § 12-23A-3 — Alabama Code / Title 12 / Chapter 23A / Section 12-23A-3
Section 12-23A-3 Legislative Intent
Status: in_force

(a) The Legislature recognizes that a critical need exists in this state for the criminal justice system to more effectively address the number of offenders who have a substance abuse disorder, who suffer from mental illness, or who suffer from a condition related to a veteran’s mental illness or substance abuse. Requiring accountability and effective treatment, in addition to, or in place of, conventional and expensive incarceration will promote public safety, promote the welfare of the individuals involved, reduce the burden upon the State Treasury, and benefit the common welfare of this state. The goals of this chapter are to do all of the following:

(1) Enhance community safety and quality of life for citizens.

(2) Reduce recidivism.

(3) Hold offenders accountable for their criminal behavior.

(4) Restore offenders to productive, law-abiding, and taxpaying citizens.

(5) Promote effective interaction and use of resources among criminal justice and community agencies.

(6) Reduce the costs of incarceration.

(7) Improve the efficiency of the criminal justice system.

(b) As a general proposition, all offenders should receive timely eligibility screening and, where indicated, assessment and the appropriate level of treatment. The criminal justice system should be used constructively to motivate offenders to accept treatment and engage in the treatment process.
Ala. Code § 12-11-4 — Alabama Code / Title 12 / Chapter 11 / Section 12-11-4
Section 12-11-4 When Courts Open
Status: in_force

The circuit courts of the several counties of the state shall be open for the transaction of any and all business or judicial proceedings of every kind at all times.
Ala. Code § 12-21-101 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-101
Section 12-21-101 Certified Registers of Marriages, Births, and Deaths
Status: in_force

Registers of marriages, births and deaths, kept in pursuance of law or any rule of a church or religious society may be certified by the custodian thereof and, when so certified, are presumptive evidence of the facts therein stated as well as of the law or rule in pursuance of which such registry was made and of the authority to certify the same.
Ala. Code § 12-21-64 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-64
Section 12-21-64 Proof of Laws of Foreign Countries
Status: in_force

The existence and tenor or effect of the laws of any foreign country may be proved as facts by parol evidence, but if it shall appear that the law in question is contained in a written statute or code, the court may, in its discretion, reject any evidence of such law which is not accompanied by a copy thereof.
Ala. Code § 12-21-400 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-400
Section 12-21-400 Short Title
Status: in_force

This article may be cited as the Alabama Uniform Interstate Depositions and Discovery Act.
Ala. Code § 12-17-277 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-277
Section 12-17-277 Fee for Court Reporter Taxed as Costs in Cases Utilizing Reporter
Status: in_force

In all cases reported by an official court reporter or special reporter, there shall be taxed, as part of the costs of the case, a fee of $5.00 for each day or fraction thereof that such reporter shall be engaged in reporting a case, to be collected as costs as in other cases and, when collected, paid by the clerk of the court into the county treasury of the county in which the case is tried.
Ala. Code § 12-19-210 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-210
Section 12-19-210 Grand and Petit Jurors Generally
Status: in_force

(a) Regular jurors, grand and petit, shall be entitled to an expense allowance for each day’s services and an amount for each mile traveled in going to and returning from court, to be proved by the oath of the juror before the clerk of the court.

(b) The Alabama Supreme Court, by order or rule, shall establish the amount of expense allowance and mileage to be paid to each juror.

(c) The monies paid shall be payable out of the State Treasury from funds appropriated to the Administrative Office of Courts by the Legislature.
Ala. Code § 12-21-401 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-401
Section 12-21-401 Definitions
Status: in_force

In this article:

(1) “Foreign jurisdiction” means a state other than this state.

(2) “Foreign subpoena” means a subpoena issued in a civil action under authority of a court of record of a foreign jurisdiction.

(3) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

(4) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.

(5) “Subpoena” means a document, however denominated, issued in a civil action under authority of a court of record requiring a person to:

(A) Attend and give testimony at a deposition.

(B) Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person.

(C) Permit inspection of premises under the control of the person.
Ala. Code § 12-15-213 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-213
Section 12-15-213 Children Charged with Delinquent Acts or Alleged to Be in Need of Supervision to Be Accorded Privilege Against Self-Incrimination; Admissibility in Evidence of Extrajudicial Statements of Children and Evidence Illegally Seized or Obtained; Double Jeopardy
Status: in_force

(a) A child charged with a delinquent act or who is alleged to be in need of supervision shall be accorded the rights and privileges afforded by the Constitution of the United States and the Constitution of Alabama of 1901.

(b) An extrajudicial statement which would be constitutionally inadmissible in a criminal proceeding may not be received in evidence over objection. Evidence illegally seized or obtained may not be received in evidence over objection to establish the allegations against the child. An extrajudicial admission or confession made by the child out of court is insufficient to support a finding that the child committed the acts alleged in the petition unless it is corroborated by other evidence.

(c) Criminal proceedings and other juvenile proceedings based upon the offense alleged in the petition or an offense based upon the same conduct are barred where the juvenile court has begun taking evidence or where the juvenile court has accepted from the child a plea of guilty to the petition.
Ala. Code § 12-14-14 — Alabama Code / Title 12 / Chapter 14 / Section 12-14-14
Section 12-14-14 Court Costs
Status: in_force

In addition to any costs and charges fixed by law upon conviction for violations of municipal ordinances in municipalities having a municipal court, $12.00 shall be assessed and collected as other costs and charges are collected. Five dollars of such sum shall be remitted to the State General Fund; $5.00 shall be remitted to the general fund of the municipality maintaining the municipal court; and $2.00 shall be remitted to the Alabama Peace Officers’ Annuity and Benefit Fund established pursuant to Section 36-21-66. In addition, the governing body of each municipality having a municipal court may by ordinance provide for the imposition of other costs in the maximum amount of $10.00, which sum shall be in addition to any other costs and charges fixed by law for conviction of any municipal ordinance violation.

In addition in all violations of municipal ordinances involving traffic offenses, there shall be assessed and collected as other costs and charges $8.50, to be disbursed to the State Drivers’ Fund for further distribution pursuant to Section 32-5-313.
Ala. Code § 12-18-60.1 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-60.1
Section 12-18-60.1 Applicability of Section 12-18-60
Status: in_force

The provisions of Section 12-18-60 shall be applicable to all persons now receiving district judge’s spousal benefits or who may be entitled to such benefits prior to April 7, 1988.
Ala. Code § 12-18-6 — Alabama Code / Title 12 / Chapter 18 / Section 12-18-6
Section 12-18-6 Eligibility for Retirement of Justices of Supreme Court, Judges of Courts of Appeals and Judges of Circuit Courts
Status: in_force

(a) The Chief Justice or any associate justice of the Supreme Court, any judge of the Court of Civil Appeals or any judge of the Court of Criminal Appeals serving on September 18, 1973, who elects to become a member of the retirement system hereby established, and any such justice or judge assuming such office after September 18, 1973, may elect to be retired pursuant to this article if he:

(1) Has served as much as five years as a justice of the Supreme Court or as a judge of one of the courts of appeals or as a judge of the circuit court or any two or more of them consecutively and has become permanently physically or mentally unable to carry out his duties on a full-time basis, proof of such disability being made by certificate of three reputable physicians;

(2) Has served for 12 years as a justice of the Supreme Court or as a judge of one of the courts of appeals or one of the circuit courts or any two or more of them and has reached or passed the age of 65 years;

(3) Has served for 15 years as a justice of the Supreme Court or as a judge of one of the courts of appeals or one of the circuit courts or any two or more of them and has attained age 62 less one year for each year of service in excess of 15;

(4) Has served for 10 years as justice of the Supreme Court or as a judge of one of the courts of appeals or one of the circuit courts or any two or more of them and is not less than 70 years of age; or

(5) Has served for not less than 18 years or three full terms or a time equal to three full terms as a justice of the Supreme Court or as a judge of one of the courts of appeals or one of the circuit courts.

(b) Any judge of a circuit court who was serving on September 18, 1973, who elects to become a member of the retirement fund hereby established and any circuit judge assuming such office after September 18, 1973, may elect to be retired pursuant to this article if he:

(1) Has served as much as five years as a circuit judge and has become permanently physically or mentally unable to carry out his duties on a full-time basis, proof of such disability being made by certificate of three reputable physicians;

(2) Has served for 12 years as a circuit judge and has reached or passed the age of 65 years;

(3) Has served for 15 years as circuit judge and is not less than 62 years of age or has served as such for more than 15 years and has attained age 62 less one year for each year of service in excess of 15;

(4) Has served continuously for 10 years as circuit judge and is not less than 70 years of age; or

(5) Has served for not less than 18 years or three full terms or a time equal to three full terms as a circuit judge.
Ala. Code § 12-22-220 — Alabama Code / Title 12 / Chapter 22 / Section 12-22-220
Section 12-22-220 By Whom and When Granted; Duty of Clerk of Court
Status: in_force

(a) A writ of error on any judgment entered in a criminal case may issue on an order to that effect by any one of the judges of the appropriate appellate court in vacation or by the appropriate appellate court in term time, addressed to the clerk of the court in which the judgment was entered, but such writ must only be granted on some error of law apparent on the record on appeal.

(b) On the filing of such order with the clerk of the court in which the judgment was entered, such clerk must give the party filing it a certificate of the filing thereof, make out a writ of error and a transcript of the record and proceedings had in the cause, attach his certificate and the writ of error to such transcript and deliver the same, on demand, to the party suing out the writ, or to his attorney.
Ala. Code § 12-21-226 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-226
Section 12-21-226 Wife Against Husband in Abandonment Cases
Status: in_force

In all cases where a husband is charged with abandoning his family and leaving them in danger of becoming a burden to the public, the wife shall be competent witness against her husband.
Ala. Code § 12-15-105 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-105
Section 12-15-105 Exercise of Authority by District Attorneys in Juvenile Court Proceedings Generally; Assistance by District Attorneys in the Juvenile Courts; Representation of the State by District Attorneys in Cases Appealed from Juvenile Courts
Status: in_force

(a) The district attorney of the judicial circuit in which delinquency or child in need of supervision cases are filed may exercise his or her authority in all delinquency and child in need of supervision cases arising pursuant to this chapter.

(b) The juvenile court may call upon the district attorney to assist the juvenile court in any proceeding pursuant to this chapter. It shall be the duty of the district attorney to render this assistance when so requested.

(c) Notwithstanding Title 36, the district attorney shall represent the state in all delinquency and child in need of supervision cases appealed from the juvenile court.
Ala. Code § 12-15-138 — Alabama Code / Title 12 / Chapter 15 / Section 12-15-138
Section 12-15-138 Power of Juvenile Courts to Enter Protection or Restraint Ex Parte Order; When Order May Be Entered; Purpose of Order
Status: in_force

The juvenile court, at any time after a dependency petition has been filed, or on an emergency basis, may enter an order of protection or restraint to protect the health or safety of a child subject to the proceeding.
Ala. Code § 12-5A-11 — Alabama Code / Title 12 / Chapter 5A / Section 12-5A-11
Section 12-5A-11 County Programs, Etc., Unaffected
Status: in_force

Nothing in this chapter shall diminish or adversely affect any program or service for children currently provided by a county to its respective juvenile court which is not assumed by the state under this chapter including, but not limited to, programs of financial assistance for juvenile probation and aftercare services, probation-related projects, detention and shelter care programs, and treatment programs for juveniles under the jurisdiction of the court.
Ala. Code § 12-21-30 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-30
Section 12-21-30 Declarations of Deceased Persons as to Ancient Rights
Status: in_force

Hearsay evidence as to declarations of deceased persons as to ancient rights made before the litigation arose are admissible to prove matters of public interest in which the whole community are supposed to take interest and have knowledge.
Ala. Code § 12-21-130 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-130
Section 12-21-130 Interpreters Generally
Status: in_force

Interpreters may be sworn to interpret truly, when necessary, and must be paid as witnesses in the case.
Ala. Code § 12-21-146 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-146
Section 12-21-146 Definition of “Physician” Extended
Status: in_force

(a) For the purpose of the use of deposition testimony in any court proceeding in any civil action, the term “physician” as used in the Alabama Rules of Civil Procedure or otherwise shall include any licensed Doctor of Chiropractic and any licensed podiatrist.

(b) The provisions of this section are supplemental and shall not be construed to repeal any law not in direct conflict with this section.
Ala. Code § 12-25-35 — Alabama Code / Title 12 / Chapter 25 / Section 12-25-35
Section 12-25-35 Use of Voluntary Sentencing Standards
Status: in_force

(a) In felony cases, a probation officer, the district attorney, or some other person appointed at the discretion of the sentencing judge, and within the time frame set by the judge, shall, after notice to the offender or his or her attorney, present a completed appropriate voluntary sentencing standards worksheet to the sentencing judge for consideration.

(b) The trial court shall review the sentencing standards worksheet and consider the suitability of the applicable voluntary sentencing standards established pursuant to this article. In imposing sentence, the court shall indicate on the record that the worksheet and applicable sentencing standards have been reviewed and considered.

(c) In any felony case in which the trial court imposes a sentence that departs from the voluntary standards, and sentences outside the voluntary sentencing standards in accordance with existing law, the court may provide a brief written reason for the departure. Neither the departure nor the reason stated for the departure shall be subject to appellate review but shall be supplied to the commission for future consideration concerning modification of the voluntary sentencing standards and for statistical purposes only.

(d) Copies of the voluntary sentencing standards worksheets, prepared pursuant to this article, shall be subject to the same distribution requirements as presentence investigation reports.

(e) Following the imposition of a sentence in a felony case, the clerk of the court in which the case was disposed shall forward a copy of the sentencing order or orders, a copy of the voluntary sentencing standards worksheets prepared in the case, and a copy of any departure explanation to the commission within 45 days after the imposition of sentence.

(f) Failure to follow any or all of the provisions of this section, or failure to follow any or all of the provisions of this section in the prescribed manner, shall not be reviewable on appeal or the basis of any other post-conviction relief.
Ala. Code § 12-21-93 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-93
Section 12-21-93 Statutes of Other States and Territories
Status: in_force

The printed statute books of the several states and territories of the United States, purporting to be printed under the authority of those states and territories, and any copy of any statute, or any part thereof, contained therein, having attached thereto the certificate of the secretary of state, under seal of the state, certifying the copy to be complete and correct, that the statute book, from which the copy is taken, is deposited in the Office of the Secretary of State or in the state library and is, by him, believed to have been received under the authority of the state and territory purporting to have enacted the same shall be presumptive evidence in all courts of the legislative acts, public or private, of those states or territories, respectively. When the statute as written is only a part of the law of a state or territory and it is affected by other facts of a legal nature existing in that state or territory, if the courts of such state or territory have deduced from the written words of the statute upon a particular state of facts a well understood rule of law, then such rule of law may be proved by the testimony or opinions of competent witnesses instructed in the law of that state, or by the introduction into evidence of the books of reports of cases adjudged in that state purporting to be the official reports thereof, or to have been published under the authority of such state, or as a part of the national reporter system or of any universally accepted system of reports of decided cases or the works of commentators of recognized authority on the law of the particular state involved.
Ala. Code § 12-1-41 — Alabama Code / Title 12 / Chapter 1 / Section 12-1-41
Section 12-1-41 Appointment of Visiting Judges; Powers; Compensation; Speedy Trial Fund
Status: in_force

(a) The Chief Justice of the Alabama Supreme Court, upon request from the Attorney General or a district attorney, may appoint a sitting or retired circuit judge to temporarily serve in a given circuit as a visiting judge for a specific case or cases arising from one or more violent offenses, as defined in Section 12-25-32.

(b) A request submitted pursuant to this section shall include both of the following:

(1) The specific criminal case assigned to the Attorney General or district attorney’s office that he or she believes needs a visiting judge.

(2) The reasons the Attorney General or district attorney believes that the case needs a visiting judge.

(c)(1) The Chief Justice shall make a determination on a qualifying request made pursuant to this section within 30 days after receipt of the request.

(2) If the Chief Justice determines that approving the request would serve the public interest, he or she shall appoint a visiting judge. The Chief Justice may take into account the availability of funds when making a determination.

(3) A visiting judge shall serve until the final adjudication of the matter for which he or she was appointed.

(d) A visiting judge appointment shall confer on the visiting judge all powers, authority, and jurisdiction of the respective judgeship to which he or she has been appointed.

(e)(1) A visiting judge shall be paid all actual and necessary expenses as approved by the Chief Justice.

(2) A retired judge appointed as a visiting judge may be entitled to compensation pursuant to Sections 12-18-10 or 12-18-61.

(f) A county shall provide adequate courtroom space for hearings and trials set by a visiting judge.

(g)(1) A sitting judge appointed as a visiting judge may assign his or her official court reporter for hearings and trials set by the judge in the host circuit.

(2) If a special roving reporter is available in the host circuit, a visiting judge may request to have the special roving reporter assigned to his or her hearings and trials in the host circuit.

(3) If the options provided in subdivisions (1) and (2) are not available, a visiting judge may request a special court reporter for hearings and trials set by a visiting judge.

(4) If the options provided in subdivisions (1) through (3) are not available, the Attorney General or a district attorney may contract with a court reporter for hearings and trials set by a visiting judge.

(h)(1) A visiting judge shall make every effort to conduct jury trials during the host circuit’s scheduled jury weeks.

(2) On motion from the Attorney General or district attorney, a visiting judge may empanel an additional jury if required to expedite the administration of justice.

(3) The prohibition against empaneling a special jury in a capital murder case in Section 12-16-100 is superseded if the special jury is empaneled in accordance with this subsection.

(i) The Speedy Trial Fund is created in the State Treasury. Monies in the fund, at the discretion of the Chief Justice, may be used exclusively for expenses authorized by this section and shall be budgeted and allotted in accordance with Article 4 of Chapter 4 of Title 41 and Chapter 19 of Title 41.
Ala. Code § 12-20-30 — Alabama Code / Title 12 / Chapter 20 / Section 12-20-30
Section 12-20-30 Substitution of Lost, Etc., Papers or Records in Civil Cases - How Made - Where Deed, Contract, Conveyance or Other Instrument Involved
Status: in_force

If the record of a deed, contract, conveyance or other instrument, the record of which is by law required or authorized, is lost, mislaid, destroyed or mutilated, the original of such deed, contract, conveyance or instrument may be recorded again, and such record shall have relation to, and be operative from, the day the original record was operative. If the original is lost, mislaid, destroyed or mutilated, a copy thereof may be recorded on proof of its correctness of the record and of the loss or destruction of the original, and the record of such copy shall have relation to, and be operative from, the day the original record was operative. But in case of the loss or destruction of the original, an application for the record of the copy must be made to the court or successor of the court in which the original record was made and notice thereof given to the party in adverse interest, as prescribed in Section 12-20-29.
Ala. Code § 12-17-227.12 — Alabama Code / Title 12 / Chapter 17 / Section 12-17-227.12
Section 12-17-227.12 Fraud; Correction of Errors
Status: in_force

(a) Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this plan in any attempt to defraud such plan shall be guilty of a misdemeanor and, on conviction thereof by any court of competent jurisdiction, shall be punished by a fine not exceeding $500.00, or imprisonment not exceeding 12 months, or both such fine and imprisonment, at the discretion of the court.

(b) Should any charge or error in the records result in any member or beneficiary receiving from the fund more or less than he or she would have been entitled to receive had the records been correct, the Board of Control shall correct such error and, as far as practicable, shall adjust the payment in such manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.
Ala. Code § 12-19-40 — Alabama Code / Title 12 / Chapter 19 / Section 12-19-40
Section 12-19-40 Posting of Lists of Fees by Probate Judges and Furnishing of Copies Thereof
Status: in_force

(a) Probate judges must keep posted, in a conspicuous place in their respective offices, a complete list of all the fees allowed by law to them and must furnish a copy thereof on application.

(b) Any probate judge who fails to comply with the provisions of subsection (a) of this section shall not be authorized to collect or receive any fee for services rendered during such failure.
Ala. Code § 12-21-91 — Alabama Code / Title 12 / Chapter 21 / Section 12-21-91
Section 12-21-91 Official Report of Person Missing, Etc.; Presumption of Signer’s Authority
Status: in_force

(a) An official written report or record, or duly certified copy thereof, that a person is missing, missing in action, interned in a neutral country, or beleaguered, besieged or captured by an enemy or is dead or is alive, made by any officer or employee of the United States authorized by any law of the United States to make same, shall be received in any court, office or other place in this state as prima facie evidence that such person is missing, missing in action, interned in a neutral country, or beleaguered, besieged or captured by an enemy or is dead or is alive, as the case may be.

(b) For the purpose of this section, any report or record, or duly certified copy thereof, purporting to have been signed by such an officer or employee of the United States as is described in said section, shall prima facie be deemed to have been signed and issued by such an officer or employee pursuant to law, and the person signing same shall prima facie be deemed to have acted within the scope of his authority. If a copy purports to have been certified by a person authorized by law to certify the same, such certified copy shall be prima facie evidence of his authority so to certify.
Ala. Code § 12-16-70 — Alabama Code / Title 12 / Chapter 16 / Section 12-16-70
Section 12-16-70 Names of Prospective Jurors Provided from Master Jury List; Preparation of List; Summons
Status: in_force

When jurors, grand or petit, are needed for court, the judge, or where there are more than one, then any one of the judges of the court, shall at a time within his or her discretion, but at least 20 days prior to the date on which the prospective jurors are to serve, draw or cause to be provided from the master jury list compiled pursuant to Rule 40, Alabama Rules of Judicial Administration, the names of prospective jurors in a number the judge deems sufficient to obtain the juries needed for the period for which the names are drawn; provided, however, if prior to the date of service, it appears that an insufficient number of prospective jurors summoned will be available to constitute the juries for the period for which they were summoned, the court shall cause the names of additional prospective jurors to be provided and to be summoned for service forthwith.

The names so provided shall be forwarded forthwith to the clerk of the court who shall retain possession thereof without disclosing to anyone the names drawn nor any list thereof. Not less than 20 days before the day the prospective jurors are to first appear in court for service as jurors, the clerk shall make a list of names drawn, showing the date on which the prospective jurors shall appear and in what court they shall serve and shall enter opposite every name the residence address, and may include, for informational purposes to counsel, the occupation of the person and his or her place of business, and the Administrative Office of Courts shall forthwith summon the persons named thereon by any means authorized by law to appear and serve as jurors. The accuracy of any information which might be furnished to counsel shall not be grounds for challenging a verdict rendered by a jury.
Ala. Code § 12-12-33 — Alabama Code / Title 12 / Chapter 12 / Section 12-12-33
Section 12-12-33 Extradition Proceedings
Status: in_force

The district court may exercise jurisdiction over proceedings relating to demands for extradition made by another jurisdiction pursuant to the laws of Alabama governing extradition.