Ala. Code § 6-5-336 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-336
Section 6-5-336 Volunteers
Status: in_force

(a) This section shall be known as “The Volunteer Service Act.”

(b) The Legislature finds and declares that:

(1) The willingness of volunteers to offer their services has been increasingly deterred by a perception that they put personal assets at risk in the event of tort actions seeking damages arising from their activities as volunteers;

(2) The contributions of programs, activities, and services to communities is diminished and worthwhile programs, activities, and services are deterred by the unwillingness of volunteers to serve either as volunteers or as officers, directors, or trustees of nonprofit public and private organizations;

(3) The provisions of this section are intended to encourage volunteers to contribute their services for the good of their communities and at the same time provide a reasonable basis for redress of claims which may arise relating to those services.

(c) For the purposes of this section, the meaning of the terms specified shall be as follows:

(1) GOVERNMENTAL ENTITY. Any county, municipality, township, school district, chartered unit, or subdivision, governmental unit, other special district, similar entity, or any association, authority, board, commission, division, office, officer, task force, or other agency of any state;

(2) NONPROFIT CORPORATION. Any corporation which is exempt from taxation pursuant to Section 501(a) of the Internal Revenue Code, 26 U.S.C. Section 501(a);

(3) NONPROFIT ORGANIZATION. Any organization which is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code, 26 U.S.C. Section 501(c), as amended;

(4) VOLUNTEER. A person performing services for a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity without compensation, other than reimbursement for actual expenses incurred. The term includes a volunteer serving as a director, officer, trustee, or direct service volunteer.

(d) Any volunteer shall be immune from civil liability in any action on the basis of any act or omission of a volunteer resulting in damage or injury if:

(1) The volunteer was acting in good faith and within the scope of such volunteer’s official functions and duties for a nonprofit organization, a nonprofit corporation, hospital, or a governmental entity; and

(2) The damage or injury was not caused by willful or wanton misconduct by such volunteer.

(e) In any suit against a nonprofit organization, nonprofit corporation, or a hospital for civil damages based upon the negligent act or omission of a volunteer, proof of such act or omission shall be sufficient to establish the responsibility of the organization therefor under the doctrine of “respondeat superior,” notwithstanding the immunity granted to the volunteer with respect to any act or omission included under subsection (d).
Ala. Code § 6-6-544 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-544
Section 6-6-544 Filing of Judgment
Status: in_force

Within 30 days after a judgment entered under this division becomes final, with no possibility of post-trial motions or appellate review the prevailing party shall file a certified copy of the judgment for record in the probate court of the county in which the land lies and assume the expense thereof as part of the cost of the case. The judge of probate shall record the judgment in the same book and manner in which deeds are recorded and index the names of defendants or parties against whom the relief is granted in the direct index and the names of the plaintiffs or parties quieted in possession of the land in the reverse index.
Ala. Code § 6-9-96 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-96
Section 6-9-96 Return - Unexecuted Writ
Status: in_force

If the writ is not executed or only executed in part, the reason why it is not executed or only executed in part must be stated in the return.
Ala. Code § 6-5-146 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-146
Section 6-5-146 Service of Complaint on and Answer by Defendants; Granting of Preliminary Injunction
Status: in_force

(a) A copy of the complaint, together with a notice of the time and place of the hearing of the application for a preliminary injunction, shall be served upon the defendants at least five days before such hearing. If the hearing shall then be continued at the instance of any defendant, the temporary writ as petitioned for shall be granted as a matter of course.

(b) Each defendant so notified shall serve upon the plaintiff or the attorney filing the complaint a verified answer on or before the date fixed in said notice for said hearing, and such answer shall be filed with the register or clerk of the court wherein such case is triable, but the court or judge may allow additional time for answering, providing such extension of time shall not prevent the issuing of said temporary writ as petitioned for.
Ala. Code § 6-5-223 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-223
Section 6-5-223 Applicability
Status: in_force

This article shall not apply to civil causes of action in tort, contract, or otherwise, which accrued or arose prior to February 25, 1994. Where construction was completed but no civil cause of action accrued prior to February 25, 1994, this article shall apply to the construction of the improvement on or to real estate, and, for the purposes of the time limitations provided in this article, substantial completion of construction of the improvement on or to real estate shall be deemed to be February 25, 1994, but shall not revive any cause of action barred under existing law.
Ala. Code § 6-5-149 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-149
Section 6-5-149 Precedence of Action Over Other Cases; Evidence; Dismissal of Action; Continuance; Costs; Judgment
Status: in_force

(a) The action, when commenced, shall have precedence over all other cases except injunctions.

(b) In such action, evidence of the general reputation of the place or any admission or finding of guilt of any person under the original laws against prostitution, lewdness, or assignation at any such place shall be admissible for the purpose of proving the existence of said nuisance and shall be prima facie evidence of such nuisance, of knowledge of and acquiescence and participation therein on the part of the person, or persons, charged with maintaining such nuisance.

(c) If the complaint is filed for the state by a citizen of the county, it shall not be dismissed except upon a sworn statement of the plaintiff or his personal representative or agent, and his attorney or of the officer filing the complaint, setting forth the reasons why the action should be dismissed and the dismissal be approved by the attorney filing the complaint in writing or in open court. If the court or judge is of the opinion that the action ought not be dismissed, he may direct the district attorney to prosecute such action to judgment at the expense of the county, and if the action is continued more than once, any person who is a citizen of the county, the Attorney General, the district attorney may be substituted for the plaintiff and prosecute said action to judgment.

(d) If the action is commenced by a person who is a citizen of the county and the court finds that there were no reasonable grounds or cause for said action, the costs may be taxed against such person.

(e) If the existence of the nuisance is established upon the trial, a judgment shall be entered which shall perpetually enjoin the defendants and any other person or persons from further maintaining the nuisance at the place complained of and the defendants from maintaining such nuisance elsewhere in the county.
Ala. Code § 6-6-457 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-457
Section 6-6-457 Proceedings on Failure to Appear and Answer
Status: in_force

If the garnishee fails to appear and answer, a conditional judgment must be entered against him for the amount of the plaintiff’s claim, as ascertained by his judgment, to be made absolute unless he appears within 30 days after notice of the conditional judgment issued by the clerk, to be served on him, as other process, by the sheriff. If he fails to appear within the time required by the notice served upon him or if two notices are returned “not found” by the sheriff of the county in which the garnishment was executed, the judgment must be made absolute.
Ala. Code § 6-6-782 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-782
Section 6-6-782 Notice and Opportunity for Hearing
Status: in_force

(a) Except as otherwise provided in subsection (b), the court may issue an order under this article only after notice and opportunity for a hearing appropriate in the circumstances.

(b) The court may issue a preliminary order under this article in any of the following circumstances:

(1) Without prior notice if the circumstances require issuance of an order before notice is given.

(2) After notice and without a prior hearing if the circumstances require issuance of an order before a hearing is held.

(3) After notice and without a hearing, provided the court finds that the administration of justice will be preserved without a hearing.

(c) Upon request by an interested party for rehearing of a preliminary order entered under subdivision (b)(1) or (b)(2), the court shall schedule a hearing to make the order final and in compliance with subsection (a).
Ala. Code § 6-9-82 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-82
Section 6-9-82 Notice Where Levy on Real Estate
Status: in_force

When the levy is on real estate, personal notice thereof must be given to the defendant or a notice thereof in writing left at his residence, if resident in the county; if not resident in the county, then by putting up a written notice at the courthouse door, and the manner of giving notice must be stated in the return.
Ala. Code § 6-5-705 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-705
Section 6-5-705 Dangerous Conditions Outside Scope of Project
Status: in_force

The contractor shall bear no civil liability for any dangerous condition that is outside of the scope of the project or that is in excess of any requirement of the governing plans and specifications provided by the awarding authority. This section shall not apply to either of the following situations:

(1) The contractor contracts to design in whole or in part the project or to provide professional engineering services as to the design of the project.

(2) The contractor undertakes to provide services as to the project that are outside the scope of the project or that are in excess of any requirement of the governing plans and specifications.
Ala. Code § 6-6-785 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-785
Section 6-6-785 Appointment of Receiver
Status: in_force

(a) The court may appoint a receiver:

(1) Before judgment, to protect a party that demonstrates an apparent right, title, or interest in real property that is the subject of the action, if any or all of the property, its revenues, its rents, or its proceeds:

a. Is being subjected to or is in danger of waste, loss, dissipation, or impairment; or

b. Has been or is about to be the subject of a voidable transaction;

(2) After judgment:

a. To carry the judgment into effect; or

b. To preserve nonexempt real property pending appeal or when an execution has been returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment; or

(3) In an action in which a receiver for real property may be appointed on equitable grounds.

(b) In connection with the foreclosure or other enforcement of a mortgage, the court may appoint a receiver for the mortgaged property. The court shall consider all of the following facts and circumstances, together with any other relevant facts in deciding whether to appoint a receiver for the mortgaged property:

(1) Appointment is necessary to protect the property from waste, loss, transfer, dissipation, or impairment.

(2) The mortgagor agreed in a signed record to appointment of a receiver on default.

(3) The owner agreed, after default and in a signed record, to appointment of a receiver.

(4) The property and any other collateral held by the mortgagee are not sufficient to satisfy the secured obligation.

(5) The owner fails to turn over to the mortgagee proceeds or rents the mortgagee was entitled to collect.

(6) The holder of a subordinate lien obtains appointment of a receiver for the property.

(c) The court may condition appointment of a receiver without prior notice or hearing under Section 6-6-782(b)(1) or 6-6-782(b)(2) on the giving of security by the person seeking the appointment for the payment of damages, reasonable attorney fees, and costs incurred or suffered by any person if the court later concludes that the appointment was not justified. If the court later concludes that the appointment was justified, the court shall release the security. Provided, however, no security shall be required of this state or of an officer or agency of this state.
Ala. Code § 6-5-860 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-860
Section 6-5-860
Status: in_force

The Legislature finds and declares all of the following:

(1) Sexual abuse causes significant and lasting harm to individuals and society as a whole.

(2) Sexual abuse survivors often experience long-term physical, psychological, and emotional trauma.

(3) The State of Alabama has a compelling interest in preventing sexual abuse, supporting victims, and ensuring that the law does not shield perpetrators or impede public safety.

(4) Any agreement that prohibits an individual or entity from disclosing an act of sexual abuse or facts related to an act of sexual abuse is against the public policy of this state.

(5) This act is intended to protect survivors’ rights to speak freely and to maintain privacy and confidentiality regarding their identities, experiences, and trauma.
Ala. Code § 6-10-5 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-5
Section 6-10-5 Burial Place and Church Pew or Seat
Status: in_force

In favor of any resident of this state, there shall also be exempt from levy and sale, under execution or other process, any lot or lots in cemeteries or elsewhere, set apart or used as a burial place for himself or herself or family and any pew or seat in any church or other place of worship, held and occupied by him or her for the use of himself or herself or family.
Ala. Code § 6-5-155.5 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-155.5
Section 6-5-155.5 Motion for Preliminary Injunction; Consolidation of Trial with Hearing on Motion; Other Equitable Relief
Status: in_force

(a) Upon a filing of a motion for a preliminary injunction to abate the drug-related nuisance, the plaintiff shall be entitled to a hearing on the motion within 10 business days of the filing. If it appears by affidavit or otherwise, that there is a substantial likelihood that the plaintiff will be able to prove a drug-related nuisance by a preponderance of evidence, the circuit court may issue a preliminary injunction and grant other relief as the court may deem to be appropriate, including those remedies provided by Section 6-5-156.3.

(b) When appropriate, the court shall order the trial of the action on the merits to be advanced and consolidated with the hearing on the motion for a preliminary injunction.

(c) This section shall not be construed to prohibit the application for or the granting of a temporary restraining order or other equitable relief provided by law.
Ala. Code § 6-2-4 — Alabama Code / Title 6 / Chapter 2 / Section 6-2-4
Section 6-2-4 Accrual of Claim - Right of Entry
Status: in_force

When a right of entry on lands accrues, the entry must be considered as having been made and the claim as having then accrued.
Ala. Code § 6-6-723 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-723
Section 6-6-723 Judgment for Failure to Pay Over Moneys Collected or Received for County
Status: in_force

If any tax collector, judge of probate, sheriff, clerk, or other officer or person fails to pay to the county treasurer or other custodian of county funds, within the time prescribed by law or, in case no time is fixed by law, on the demand of such treasurer or other custodian of county funds, any money he has collected or received for the county, judgment may be recovered against such person or such officer and his sureties, or any or either of them, on 10 days’ notice, on motion of such treasurer or other custodian of county funds, in the circuit court in the name of the county, for the amount so collected or received, with interest from the time fixed for the payment or from the demand when no time is fixed and 10 percent damages and costs.
Ala. Code § 6-5-576 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-576
Section 6-5-576 Advance Payments by Defendant or Insurer Not Admission of Liability; Advance Payments in Excess of Award Not Repayable
Status: in_force

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

(b) In no case shall an advance payment in excess of an award be repayable by the person receiving it.
Ala. Code § 6-5-338.1 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-338.1
Section 6-5-338.1 Immunity of Law Enforcement Officers -- Definitions
Status: in_force

For purposes of Sections 6-5-338.2, 6-5-338.3, and 6-5-338.4, the following terms have the following meanings unless the context dictates otherwise:

(1) CLEARLY ESTABLISHED. A state statutory or constitutional right is clearly established, and a reasonable law enforcement officer would have known of it, in any of the following circumstances:

a. The right is clear from a materially similar case decided before the occurrence of the relevant conduct by the United States Supreme Court, the Eleventh Circuit Court of Appeals, or the Alabama Supreme Court.

b. The right is clear from a broad statement of principle that is established with so obvious clarity by one of the courts identified in paragraph a. that, before the occurrence of the relevant conduct, every objectively reasonable law enforcement officer facing the circumstances would have known that the relevant conduct violated the right.

c. The right is so obvious from the text of a state constitutional provision or statute that, before the occurrence of the relevant conduct, no objectively reasonable law enforcement officer would have required case law to be put on notice that the relevant conduct violated the right.

(2) CONDUCT PERFORMED WITHIN A LAW ENFORCEMENT OFFICER’S DISCRETIONARY AUTHORITY. Governmental conduct by a law enforcement officer performing a legitimate job-related function or pursuing a legitimate job-related goal through means that were within the law enforcement officer’s plausible power to utilize. In determining whether governmental conduct was performed within a law enforcement officer’s discretionary authority, a court must temporarily put aside that the conduct may have been committed for an improper or unconstitutional purpose, in an improper or unconstitutional manner, to an improper or unconstitutional extent, or under improper or constitutionally inappropriate circumstances. The court must determine whether, if done for a proper purpose, the conduct was within, or reasonably related to, the outer perimeter of a law enforcement officer’s governmental discretion in performing his or her official duties.

(3) DETENTION FACILITY OFFICER. Any peace officer, guard, or detention or jail officer employed in a facility used for the confinement, pursuant to law, of any of the following persons:

a. Someone charged with or convicted of an offense.

b. Someone charged with being or adjudicated a youthful offender, a neglected minor, or juvenile delinquent.

c. Someone held for extradition.

d. Someone otherwise confined pursuant to an order of a court.

(4) LAW ENFORCEMENT OFFICER. Any peace officer or tactical medic, except a constable, who is employed or appointed pursuant to the constitution or statutes of this state, whether appointed or employed as a peace officer or tactical medic by the state or a county or municipality thereof, or by an agency or institution, corporate or otherwise, created pursuant to the constitution or laws of this state and authorized by the constitution or laws to appoint or employ police officers or other peace officers or tactical medics, and whose duties prescribed by law, or by the lawful terms of their employment or appointment, include the enforcement of, or the investigation and reporting of violations of, the criminal laws of this state, or who is empowered by the laws of this state to execute warrants, to arrest and to take into custody persons who violate, or who are lawfully charged by warrant, indictment, or other lawful process, with violations of, the criminal laws of this state. The term includes a detention facility officer, a public safety dispatcher, and any individual designated a peace officer for purposes of immunity under Section 6-5-338 as that section existed on February 5, 2025.

(5) LAW ENFORCEMENT RECORDING. A recording, as defined in Section 36-21-210, that shows a specific event described in the complaint, the image or voice of the plaintiff, or the image or voice of the decedent if the plaintiff has sued on behalf of the decedent as either the parent of the decedent in an action brought under Section 6-5-391 or as the personal representative of the decedent’s estate in an action brought under Section 6-5-391 or Section 6-5-410.

(6) RECKLESSLY WITHOUT LAW ENFORCEMENT JUSTIFICATION. A law enforcement officer acts recklessly without law enforcement justification if he or she is aware of, and consciously disregards, a risk of death or substantial bodily injury without reasonable law enforcement justification. A law enforcement officer who creates a risk of death or substantial bodily injury in the absence of reasonable law enforcement justification but is unaware of that risk by reason of voluntary intoxication, as defined in Section 13A-3-2(e)(2), acts recklessly with respect thereto. Whether a law enforcement officer acts recklessly without law enforcement justification is a question of law to be decided by the court, taking into account the wide range of a law enforcement officer’s duties. A law enforcement officer acts without law enforcement justification when the law enforcement officer harms the plaintiff by failing, in an objectively unreasonable manner, to comply with written policies of the law enforcement officer’s employer or appointing authority or when the law enforcement officer harms the plaintiff through conduct premised on the law enforcement officer’s objectively unreasonable interpretation of such a policy.

(7) TACTICAL MEDIC. A firefighter paramedic or firefighter emergency medical technician licensed by the State of Alabama and employed by the state or a county or municipality within the state, operating on-duty in direct support of a tactical law enforcement unit to provide medical services at high risk incidents, including hostage incidents, narcotic raids, hazardous surveillance, sniper incidents, armed suicidal persons, barricaded suspects, felony warrant service, and fugitives refusing to surrender.

(8) WRITTEN POLICY. A written rule, regulation, instruction, or directive issued by a law enforcement officer’s employer or appointing authority, and applicable to conduct within a law enforcement officer’s discretionary authority, specifying the particular manner in which a law enforcement officer should exercise discretion in specific situations or scenarios. The written rule, regulation, instruction, or directive must have been issued before the occurrence of the relevant conduct, and must have been made available to the law enforcement officer. Whether the law enforcement officer actually read the written rule, regulation, instruction, or directive is not determinative.
Ala. Code § 6-6-282 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-282
Section 6-6-282 Actions by Mortgagee, Etc., Against Mortgagors, Etc
Status: in_force

If the action is by a mortgagee or his assignee against the mortgagor, or anyone holding under him, the defendant may plead payment of the mortgage debt or the performance of the condition of the mortgage, or any matter which might be pleaded to a direct civil action for the recovery of the mortgage debt, except the statute of limitations. The jury must pass upon such answers and must ascertain the amount of the mortgage debt if any is found to exist. If the verdict is for the defendant, judgment must be entered for him; but if the verdict ascertains an amount due on the mortgage debt, judgment must be entered for the plaintiff for the possession of the land and the costs, and the amount of the mortgage debt, as ascertained by the jury, must be stated in the judgment. If, within 30 days after the entry of the judgment, the defendant shall pay to the plaintiff, or to the clerk for his use, such debt, interest, and costs, then a writ of possession must not issue, and the clerk shall endorse upon the face of the record of the judgment the fact of such payment.
Ala. Code § 6-5-546 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-546
Section 6-5-546 Venue of Actions; Transfer
Status: in_force

In any action for injury or damages or wrongful death whether in contract or in tort against a health care provider based on a breach of the standard of care, the action must be brought in the county wherein the act or omission constituting the alleged breach of the standard of care by the defendant actually occurred. If plaintiff alleges that plaintiff’s injuries or plaintiff’s decedent’s death resulted from acts or omissions which took place in more than one county within the State of Alabama, the action must be brought in the county wherein the plaintiff resided at the time of the act or omission, if the action is one for personal injuries, or wherein the plaintiff’s decedent resided at the time of the act or omission if the action is one for wrongful death. If at any time prior to the commencement of the trial of the action it is shown that the plaintiff’s injuries or plaintiff’s decedent’s death did not result from acts or omissions which took place in more than one county, on motion of any defendant the court shall transfer the action to such county wherein the alleged acts or omissions actually occurred. For the convenience of parties and witnesses, in the interest of justice, a court may transfer any action to any other county where it might have been brought hereunder and/or may order a separate trial as to any claim or party.
Ala. Code § 6-5-216 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-216
Section 6-5-216 Unlawful Interference with Right-of-Way
Status: in_force

The unlawful interference with the right-of-way, or of common, is a trespass to the party entitled thereto.
Ala. Code § 6-6-542 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-542
Section 6-6-542 Contents of Answer
Status: in_force

If the defendant shall answer claiming any estate, interest in, or encumbrance upon the lands, he must, in his answer, specify and set forth the title, claim, interest, or encumbrance so claimed and, if not claimed in or upon the whole of such lands, he must specify and describe with sufficient certainty the part in, or upon which, the same is claimed and the manner in which, and the sources through which, such title, claim, interest, or encumbrance is claimed to be derived and created.
Ala. Code § 6-6-200 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-200
Section 6-6-200 Statement of Assets - Notice to Debtor to File; Contents
Status: in_force

After the return of an execution issued by any court in this state upon a judgment against any person or persons residing in this state, against a firm doing business in this state when a member or members thereof reside in this state or against a corporation doing business in this state with the endorsement upon such execution of “no property found,” upon the written request of the judgment creditor filed with the clerk or register, such clerk or register of such court shall issue a notice to the person, firm, or corporation against whom such execution shall have been so returned, requiring such person, persons, member or members of such firm or corporation, through a duly authorized agent, to file in such court within 30 days from the service of such notice a statement in writing, under oath, of all of the assets of such person, firm, or corporation, including money, choses in action, notes, bonds, and accounts and all other property, real, personal or mixed, or any interest therein, with a detailed description of the same, the location and reasonable value of each item thereof, together with a detailed list or statement of any and all liens, mortgages, or encumbrances thereon, showing the amounts due upon each and the owner or holder of such liens, encumbrances, or mortgages.
Ala. Code § 6-5-249 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-249
Section 6-5-249 Rights Under This Article Extended to Executors and Administrators
Status: in_force

(a) The rights of redemption secured by this article may be asserted, within the time limit provided, by

(1) the executor or administrator of any debtor or by the debtor’s heirs or devisees;

(2) the executor or administrator of any mortgagor or by the mortgagor’s heirs or devisees;

(3) the executor or administrator of any transferees, assignees, or vendees of the debtors or mortgagors or by their heirs or devisees; or

(4) the executor or administrator of any judgment creditor or junior mortgagee of the debtor or their transferees.

(b) The rights of redemption, secured by this article may be asserted, within the time limit provided, against

(1) the executor or administrator of any junior mortgagee or transferees or assignees of the junior mortgagee;

(2) the executor or administrator of any judgment creditor or transferees or assignees of any judgment creditor;

(3) the executor or administrator of the purchaser of the land or the executor or administrator of any assignee or transferees of the purchaser.
Ala. Code § 6-6-143 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-143
Section 6-6-143 Construction of Attachment Law; Amendments; Dismissal
Status: in_force

The attachment law must be liberally construed to advance the manifest intent of the law; the plaintiff, before or during the trial, must be permitted to amend any defect of form or of substance in the affidavit, bond or attachment; and no attachment must be dismissed for any defect in the affidavit if the plaintiff, his agent, or attorney will make a sufficient affidavit or, for any defect in the bond or for want of a bond, if the plaintiff, his agent or attorney is willing to give or substitute a sufficient bond.
Ala. Code § 6-6-805 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-805
Section 6-6-805 Uniformity of Application and Construction
Status: in_force

In applying and construing the Alabama Uniform Commercial Real Estate Receivership Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Ala. Code § 6-9-86 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-86
Section 6-9-86 Sale of Levied Property - Time and Place; Continuances
Status: in_force

Lands, when levied on under execution from any court of record, must be sold on any Monday in the month at the courthouse of the county. Other property may be sold on any day, except Sunday, either at the courthouse, the residence of the defendant, the place where levied on, or the neighborhood thereof, as may be most expedient. The sale may be continued from day to day if rendered necessary by the inclemency of the weather or from inability to conclude the sale in one day.
Ala. Code § 6-10-1 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-1
Section 6-10-1 Law Governing Exemptions and Claims. (Amended by Act 2026-203)
Status: in_force

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

The right of homestead or other exemption shall be governed by the law in force when the debt or demand was created, but the mode or remedy for asserting, ascertaining, contesting, and determining claims thereto shall be as prescribed in this chapter.
Ala. Code § 6-6-26.07 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-26.07
Section 6-6-26.07 Approval of Agreement by Tribunal
Status: in_force

A tribunal may approve an agreement resulting from a collaborative law process.
Ala. Code § 6-5-331 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-331
Section 6-5-331 Alienation of Affections, Criminal Conversation, and Seduction
Status: in_force

There shall be no civil claims for alienation of affections, criminal conversation, or seduction of any female person of the age of 19 years or over.
Ala. Code § 6-11-7 — Alabama Code / Title 6 / Chapter 11 / Section 6-11-7
Section 6-11-7 Prior Rights Not Affected
Status: in_force

This article shall not affect the rights of any person if such rights accrued prior to June 11, 1987.
Ala. Code § 6-5-261 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-261
Section 6-5-261 Interference with Mere Possession
Status: in_force

Mere possession of a chattel, if without title or wrongfully, will give a right of action for any interference therewith, except as against the true owner or the person wrongfully deprived of possession.
Ala. Code § 6-6-292 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-292
Section 6-6-292 Judgment - Damages Only
Status: in_force

If the interest or title of the plaintiff expired before the time in which he could be put in possession, he may obtain a judgment for damages only.
Ala. Code § 6-6-755 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-755
Section 6-6-755 Conclusiveness of Judgment Validating and Confirming Issuance
Status: in_force

If the circuit court shall enter a judgment validating and confirming the issuance of the obligations and no appeal shall be taken within the time prescribed in Section 6-6-754 or if taken and the judgment validating such obligations shall be affirmed by the Supreme Court, or if the circuit court shall enter a judgment refusing to validate and confirm the issuance of the obligations and on appeal such judgment shall be reversed by the Supreme Court, in which case the Supreme Court shall issue its mandate to the circuit court requiring it to enter a judgment validating and confirming the issuance of the obligations, the judgment of the circuit court validating and confirming the issuance of the obligations shall be forever conclusive as to the validity of such obligations against the unit issuing them and against all taxpayers and citizens thereof, and the validity of such obligations or of the tax or other means provided for their payment shall never be called in question in any court in this state.
Ala. Code § 6-9-62 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-62
Section 6-9-62 Levy of Execution After Defendant’s Death
Status: in_force

A writ of execution issued and received by the sheriff during the life of the defendant may be levied after his death or an alias issued and levied within 10 years from the date of the judgment if at the time of his death there was of record, in the county where the property is, a certificate of the judgment on which the execution issued.
Ala. Code § 6-6-52 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-52
Section 6-6-52 When Issued and Executed on Sunday
Status: in_force

Attachments may issue and be executed on Sunday if the plaintiff, his agent or attorney, in addition to the oath prescribed for the issue of such process, makes affidavit that the defendant is absconding, or is about to abscond, or is about to remove his property from the state and gives the bond required in this article.
Ala. Code § 6-3-8 — Alabama Code / Title 6 / Chapter 3 / Section 6-3-8
Section 6-3-8 Venue of Actions - Breach of Official Bond
Status: in_force

(a) At the election of the Attorney General, all actions of summary proceedings by or for the use of the state founded on breach of the official bond of a state officer or a former state officer, of a tax collector or former tax collector, of a judge of probate or former judge of probate, of a tax assessor or former tax assessor, or clerk of the circuit court or former clerk of the circuit court may be commenced in the circuit court of Montgomery County or in a court of the county in which any one of the obligors in such bond may reside.

(b) An action on the official bond executed by a sheriff or any deputy sheriff may be commenced only in the county of residence of the principal or in the county in which he resided at the time of the execution of the same; provided, that if the act complained of was committed in some county other than the county in which he resided, then such action may be commenced in the county where such act was committed.
Ala. Code § 6-6-281 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-281
Section 6-6-281 Recovery of Lands by or in Name of State for Schools or Other Educational or Governmental Institutions
Status: in_force

All actions for the recovery of land, or the possession thereof, belonging to the state, and sixteenth section lands, school indemnity lands and all other school lands, the lands of the University of Alabama, Auburn University, and of any other public educational or governmental institution of this state shall be commenced by and in the name of the State of Alabama or in the name of the State of Alabama for the use of the schools or other educational or governmental institutions to which, or for the use of which, the lands sued for were donated, granted, purchased, or held.
Ala. Code § 6-9-21 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-21
Section 6-9-21 When Execution to Issue - Generally
Status: in_force

Within 90 days from the entry of a judgment, the clerk or register must issue execution thereon in favor of the successful party unless otherwise directed by the court or the judge presiding at the trial of the case or by the written direction of owner of the judgment or his attorney of record. The writ must be signed by the clerk or register, and tested on the day it is issued.
Ala. Code § 6-6-255 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-255
Section 6-6-255 Proceedings When Officer Fails to Find and Take Property
Status: in_force

If the officer fails to find and take the goods and chattels, he may summon the defendant to appear as in other cases, and the plaintiff may then declare and prosecute the action alone for the recovery of the value of the property and damages for the taking and detention of the property as if he had thus commenced his action by a complaint.
Ala. Code § 6-6-73 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-73
Section 6-6-73 Levy in Any County; Holding of Attached Property
Status: in_force

The attachment may be executed in any county of the state by the sheriff of the county in which the property or garnishee may be found, and the sheriff must take and hold the property attached, unless replevied, subject to the order of the court in which the attachment is pending.
Ala. Code § 6-8-86 — Alabama Code / Title 6 / Chapter 8 / Section 6-8-86
Section 6-8-86 Judgment for Defendant - Compulsory Counterclaims
Status: in_force

On a compulsory counterclaim, if the claim or demand of the defendant equals the claim or demand of the plaintiff, judgment must be entered for the defendant; if the claim or demand of the defendant exceeds the claim or demand of the plaintiff and the plaintiff is the party liable to its satisfaction, judgment must be entered against him in favor of the defendant for such excess and all costs.
Ala. Code § 6-5-581 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-581
Section 6-5-581 Applicability and Effect on Inconsistent Provisions of Law
Status: in_force

This article applies to all actions against legal service providers based on acts or omissions accruing after April 12, 1988, and, as to such causes of action, shall supersede any inconsistent provision of law.
Ala. Code § 6-6-796 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-796
Section 6-6-796 Executory Contract
Status: in_force

(a) In this section, “timeshare interest” means an interest having a duration of more than three years which grants its holder the right to use and occupy an accommodation, facility, or recreational site, whether improved or not, for a specific period less than a full year during any given year.

(b) Except as otherwise provided in subsection (h), with court approval, a receiver may adopt or reject an executory contract of the owner relating to receivership property. The court may condition the receiver’s adoption and continued performance of the contract on terms appropriate under the circumstances. If the receiver does not request court approval to adopt or reject the contract within a reasonable time after the receiver’s appointment or discovery of the executory contract, the receiver is deemed to have not rejected the contract.

(c) A receiver’s performance of an executory contract before court rejection under subsection (b) of its adoption or rejection is not an adoption of the contract and does not preclude the receiver from seeking approval to reject the contract.

(d) A provision in an executory contract which requires or permits a forfeiture, modification, or termination of the contract because of the appointment of a receiver or the financial condition of the owner does not affect a receiver’s power under subsection (b) to adopt the contract.

(e) A receiver’s right to possess or use receivership property pursuant to an executory contract terminates on rejection of the contract under subsection (b). Rejection is a breach of the contract effective immediately before appointment of the receiver. A claim for damages for rejection of the contract must be submitted by the later of:

(1) The time set for submitting a claim in the receivership; or

(2) Thirty days after the court approves the rejection.

(f) If at the time a receiver is appointed, the owner has the right to assign an executory contract relating to receivership property under the law of this state other than this article, the receiver may assign the contract with court approval.

(g) If a receiver rejects under subsection (b) an executory contract for the sale of receivership property that is real property in possession of the purchaser or a real property timeshare interest, the purchaser may do either of the following:

(1) Treat the rejection as a termination of the contract, and in that case the purchaser has a lien on the property for the recovery of any part of the purchase price the purchaser paid.

(2) Retain the purchaser’s right to possession under the contract, and in that case the purchaser shall continue to perform all obligations arising under the contract and may offset any damages caused by nonperformance of an obligation of the owner after the date of the rejection, but the purchaser has no right or claim against other receivership property or the receiver on account of the damages.

(h) A receiver may not reject an unexpired lease of real property under which the owner is the landlord if:

(1) The tenant occupies the leased premises as the tenant’s primary residence;

(2) The receiver was appointed at the request of a person other than a mortgagee; or

(3) The receiver was appointed at the request of a mortgagee and any of the following are true or occur:

a. The lease is superior to the lien of the mortgage.

b. The tenant has an enforceable agreement with the mortgagee or the holder of a senior lien under which the tenant’s occupancy will not be disturbed as long as the tenant performs its obligations under the lease.

c. The mortgagee has consented to the lease, either in a signed record or by its failure to timely object that the lease violated the mortgage.

d. The terms of the lease were commercially reasonable at the time the lease was agreed to and the tenant did not know or have reason to know that the lease violated the mortgage.
Ala. Code § 6-1-3 — Alabama Code / Title 6 / Chapter 1 / Section 6-1-3
Section 6-1-3 Rules for Expedited Civil Actions Under Certain Circumstances
Status: in_force

(a) The Supreme Court shall adopt guidelines to promote the prompt, efficient, and cost-effective resolution of civil actions. The guidelines shall: (1) apply to civil actions in circuit courts in which the amount in controversy, inclusive of all claims for damages of any kind, whether actual or exemplary, a penalty, attorney’s fees, expenses, costs, interest, or any other type of damage of any kind, does not exceed fifty thousand dollars ($50,000); and (2) address the need for lowering discovery costs in these actions and the procedure for ensuring that these actions will be expedited in the civil justice system.

(b) The Supreme Court may not adopt guidelines under this section that conflict with any of the following state laws or procedures:

(1) Domestic relations and family law.

(2) Property law.

(3) Tax law.
Ala. Code § 6-7-20 — Alabama Code / Title 6 / Chapter 7 / Section 6-7-20
Section 6-7-20 Persons in Federal Service and Spouses Living in State Deemed Residents for Purpose of Commencing Actions
Status: in_force

(a) Any person in any branch or 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 is living within the borders of the State of Alabama, shall be deemed to be a resident of the State of Alabama for the purpose of commencing any civil action in the courts of this state.

(b) This section shall be liberally construed and be given retrospective as well as prospective effect.
Ala. Code § 6-6-263 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-263
Section 6-6-263 Compelling Restoration of Property by Execution or Attachment; Form of Writ
Status: in_force

(a) Any party recovering specific property may compel its restoration, when practicable, by a writ of execution or by moving for an attachment.

(b) The form of the writ of attachment or execution mentioned in subsection (a) of this section may be substantially as follows, though not exclusive of any other sufficient form:

State of Alabama,

County of ________

To any lawful officer of the County of ____________:

You are hereby commanded to attach the specific personal property and deliver the same to A. B., which he recovered of C. D. on the ____ day of _____, in the _____ court of said county, and which was therein adjudged to be delivered to said A. B., to wit: (describe the property), if the same may be had; or if the said C. D. secrete or remove the said property so that it cannot be attached by you and delivered to said A. B., then you are commanded to distrain C. D. by all his real and personal estate in your county, so that thereon he does not lay hands, until he delivers to you or to A. B. the specific property mentioned above, recoverable of him by A. B., if the same may be had; but if not, then you shall cause to be made of such estate of C. D. the alternative price and value of said specific property, to wit: _____ dollars, together with _____ dollars damages for the detention, and _____ dollars costs; and if the property be delivered, you will then cause to be made only the damages for detention and costs, and make due return of this writ to this court how you have executed the same.
Ala. Code § 6-6-162 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-162
Section 6-6-162 Assessment of Property Value and Damages for Delay
Status: in_force

If the jury or judge finds the property levied on to be liable to the satisfaction of the writ, he or they must, as far as practicable, assess the value at the time of the interposition of the claim of each article separately; and if it is a case in which execution has been levied and it is shown on the trial that the claim was interposed for delay, he or they must also assess such damages as the plaintiff may be entitled to, not more than 15 percent on the amount of the execution.
Ala. Code § 6-6-754 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-754
Section 6-6-754 Appeal from Judgment of Circuit Court
Status: in_force

Any party to said proceedings, whether petitioner, defendant, or intervenor, dissatisfied with the judgment of the court, may appeal therefrom to the supreme court in accordance with the Alabama Rules of Appellate Procedure.
Ala. Code § 6-6-757 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-757
Section 6-6-757 Costs
Status: in_force

The costs in any proceeding under this article shall be paid by the unit issuing such obligations.
Ala. Code § 6-6-370 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-370
Section 6-6-370 “Garnishment” Defined
Status: in_force

A “garnishment,” as employed in this article, is process to reach and subject money or effects of a defendant in attachment, in a judgment or in a pending action commenced in the ordinary form in the possession or under the control of a third person, or debts owing such defendant or liabilities to him on contracts for the delivery of personal property, on contracts for the payment of money which may be discharged by the delivery of personal property or on contracts payable in personal property; and such third person is called the garnishee.
Ala. Code § 6-5-3 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-3
Section 6-5-3 Right to Commence Actions - by Successor of Public Officer
Status: in_force

When any public officer shall die or in any way go out of office, all actions which shall or would have accrued to him in his official capacity may be commenced by his successor.
Ala. Code § 6-10-90 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-90
Section 6-10-90 Report of Appraisers or Commissioners - Taxation of Cost on Exceptions Being Filed
Status: in_force

If the exceptions are filed by the surviving spouse or on behalf of the minor child or children and are not sustained, the costs shall be taxed against the surviving spouse or the next friend of the child or children, or against both if they are joined in the exceptions, and in all other cases against the unsuccessful party.
Ala. Code § 6-5-390 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-390
Section 6-5-390 Injury to Minor Child
Status: in_force

A father or a mother, provided they are lawfully living together as husband and wife, shall have an equal right to commence an action for an injury to their minor child, a member of the family; provided, however, that in the event such mother and father are not lawfully living together as husband and wife, or in the event legal custody of such minor child has been lawfully vested in either of the parties or some third party, then and in either event the party having legal custody of such minor child shall have the exclusive right to commence such action.
Ala. Code § 6-6-40 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-40
Section 6-6-40 Form
Status: in_force

The form of attachment must be in substance as follows, but no objection shall be taken for any defect in form if the essential matters are set forth:

The State of Alabama,

_______ county

To any sheriff of the State of Alabama:

Whereas A. B. (or C. D., as the agent or attorney of A. B., as the case may be) hath complained on oath to me, E. F., judge of the circuit court of said state (or district court judge, or judge of the probate court or clerk of the circuit court of said county or as the case may be), that G. H. is (or will be, as the case may be) justly indebted to the plaintiff in the sum of _____ dollars, and the plaintiff having made affidavit and given bond as required by law in such cases, you are hereby commanded to attach so much of the estate of G. H. as will be of value to satisfy the said debt and costs, according to the complaint, and such estate, unless replevied, so to secure that the same may be liable to further proceedings thereon, to be had in the circuit court for the county of _______, to be held at the courthouse thereof; when and where you must make known how you have executed this writ.
Ala. Code § 6-10-98 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-98
Section 6-10-98 Reduced Homestead Incapable of Allotment - Sale - Purchase by Persons Entitled to Homestead Exemption
Status: in_force

When the purchase of such homestead is by or on behalf of the persons entitled to the homestead exemptions, the sum of $6,000 need not be actually paid to the representative, but, if the sale is confirmed, may be credited on the bid; and on the payment of the residue of such bid, a proper conveyance must be made to them as such purchasers, vesting the title in the persons entitled to the exemption, share and share alike, and be held and governed by Section 6-10-60.
Ala. Code § 6-9-26 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-26
Section 6-9-26 Certification of Total Court Costs and Fees to Accompany Execution
Status: in_force

At the foot, or on some part, of the execution, the clerk or register of such court shall certify the total amount of court costs and fees to accompany execution, but otherwise, such court costs and fees need not be itemized in, or on, executions. Without such total amount of the costs and fees being placed upon said execution, the clerk or register issuing the execution forfeits all rights to receive any costs and fees in that case.
Ala. Code § 6-5-255 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-255
Section 6-5-255 Failure or Refusal of Purchaser to Reconvey Title
Status: in_force

If the purchaser or his or her vendee or transferee fails or refuses to reconvey to such party entitled and desiring to redeem such title as the party acquired by the sale and purchase, such party so paying or tendering payment shall thereupon have the right to file in the circuit court having jurisdiction thereof a complaint to enforce his or her rights of redemption.
Ala. Code § 6-9-63 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-63
Section 6-9-63 Execution Where Defendant Dead
Status: in_force

After six months from the date of the grant of letters testamentary or of administration on the estate of any defendant, in a judgment for money, execution thereof may be had by leave of the court entering the judgment, or of the judge thereof, upon cause shown, against any property on which said judgment was a lien at the time of the death of the defendant, and a sale of such property may be made in the same manner and with the same effect as if the defendant were living. In case of the death of the defendant in a judgment for the recovery of real or personal property, execution may be had without revival in the same manner as if the defendant had not died.
Ala. Code § 6-11-55 — Alabama Code / Title 6 / Chapter 11 / Section 6-11-55
Section 6-11-55 Application for Approval of Transfer; Notice
Status: in_force

(a) An application under this article for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the county in which the payee resides, in the county in which the structured settlement obligor or the annuity issuer maintains its principal place of business, or in any court or before any responsible administrative authority which approved the structured settlement agreement.

(b) Not less than 20 days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under Section 6-11-53, the transferee shall file with the court or responsible administrative authority a notice of the proposed transfer and the application for its authorization. Such notice and application shall include all of the following:

(1) A copy of the transferee’s application.

(2) A copy of the transfer agreement.

(3) A copy of the disclosure statement required under Section 6-11-52.

(4) A listing of each of the payee’s dependents, together with each dependent’s age.

(5) Notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee’s application, either in person or by counsel, by submitting a written response to the court or responsible administrative authority or by participating in the hearing.

(6) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed, which shall be not less than 15 days after service of the transferee’s notice, in order to be considered by the court or responsible administrative authority.

(c) The notice and application required by subsection (b) shall be served on all interested parties in the manner provided by the Alabama Rules of Civil Procedure for the service of process.
Ala. Code § 6-6-44 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-44
Section 6-6-44 Oath of Plaintiff
Status: in_force

The officer, before issuing the attachment in the first two cases mentioned in Section 6-6-41, must require the plaintiff, his agent or attorney to make oath of the amount of the debt or demand and that it is justly due, or to become due, that one of the causes enumerated in Section 6-6-42 exists and that the attachment is not sued out for the purpose of vexing or harassing the defendant; and such oath must be reduced to writing and subscribed by the party making it.
Ala. Code § 6-6-599 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-599
Section 6-6-599 Judgment - Dissolving Corporation and Excluding Same from Corporate Rights, Etc
Status: in_force

If it is adjudged that a corporation against which an action has been commenced under this article has, by neglect, abuse or surrender, forfeited its corporate rights, privileges, and franchises, judgment must be entered that the corporation be excluded from such corporate rights, privileges, and franchises and be dissolved, and judgment for costs must be entered against the persons claiming to be such corporation and the directors or managers thereof, as established by the evidence. Execution shall be issued on such judgment at the expiration of five days from the date thereof, unless the defendant or the persons claiming to be such corporation shall, within such time, take an appeal to the supreme court.
Ala. Code § 6-8-20 — Alabama Code / Title 6 / Chapter 8 / Section 6-8-20
Section 6-8-20 Payment to Consular Officer of Estate or Land Sale Funds Due Nonrepresented Foreigners
Status: in_force

Whenever upon the settlement of an estate or upon the sale of lands for division in any court of this state it is shown that any of the heirs, distributees, or other persons entitled to share in the funds derived therefrom, whether adults or minors, are residents and subjects of a foreign country and are not represented by counsel of their own employment, the personal representative, judge of probate, clerk, or register who may have the custody of said funds shall pay over the shares of such persons to the duly accredited consular officer of such country within whose jurisdiction the said court is situated and obtain from him full acquittance therefor.
Ala. Code § 6-6-25 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-25
Section 6-6-25 Definitions; Legislative Findings; Compelled Testimony, Etc., of Mediators
Status: in_force

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

(1) MEDIATION. A process in which a mediator acts to encourage and facilitate the resolution of a dispute without imposing a settlement.

(2) MEDIATOR. A neutral third party conducting a mediation, including any co-mediators, employees, agents, or independent contractors of the mediator or co-mediator, and any person attending or observing the mediation for purposes of training.

(b) The Legislature finds that it is desirable to encourage public confidence in the use of alternative methods of dispute resolution by preventing a mediator from being compelled to testify or produce documents about a mediation.

(c) Except as otherwise permitted by the Alabama Civil Court Mediation Rules, a mediator may not be compelled in any adversary proceeding or judicial forum, including, but not limited to, a hearing on sanctions brought by one party against another party, to divulge the contents of documents received, viewed, or drafted during mediation or the fact that the documents exist, nor may the mediator be otherwise compelled to testify in regard to statements made, actions taken, or positions stated by a party during the mediation.
Ala. Code § 6-5-548 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-548
Section 6-5-548 Burden of Proof; Reasonable Care as Similarly Situated Health Care Provider; No Evidence Admitted of Medical Liability Insurance
Status: in_force

(a) In any action for injury or damages or wrongful death, whether in contract or in tort, against a health care provider for breach of the standard of care, the plaintiff shall have the burden of proving by substantial evidence that the health care provider failed to exercise such reasonable care, skill, and diligence as other similarly situated health care providers in the same general line of practice ordinarily have and exercise in a like case.

(b) Notwithstanding any provision of the Alabama Rules of Evidence to the contrary, if the health care provider whose breach of the standard of care is claimed to have created the cause of action is not certified by an appropriate American board as being a specialist, is not trained and experienced in a medical specialty, or does not hold himself or herself out as a specialist, a “similarly situated health care provider” is one who meets all of the following qualifications:

(1) Is licensed by the appropriate regulatory board or agency of this or some other state.

(2) Is trained and experienced in the same discipline or school of practice.

(3) Has practiced in the same discipline or school of practice during the year preceding the date that the alleged breach of the standard of care occurred.

(c) Notwithstanding any provision of the Alabama Rules of Evidence to the contrary, if the health care provider whose breach of the standard of care is claimed to have created the cause of action is certified by an appropriate American board as a specialist, is trained and experienced in a medical specialty, and holds himself or herself out as a specialist, a “similarly situated health care provider” is one who meets all of the following requirements:

(1) Is licensed by the appropriate regulatory board or agency of this or some other state.

(2) Is trained and experienced in the same specialty.

(3) Is certified by an appropriate American board in the same specialty.

(4) Has practiced in this specialty during the year preceding the date that the alleged breach of the standard of care occurred.

(d) Notwithstanding any provision of the Alabama Rules of Evidence to the contrary, no evidence shall be admitted or received, whether of a substantive nature or for impeachment purposes, concerning the medical liability insurance, or medical insurance carrier, or any interest in an insurer that insures medical or other professional liability, of any witness presenting testimony as a “similarly situated health care provider” under the provisions of this section or of any defendant. The limits of liability insurance coverage available to a health care provider shall not be discoverable in any action for injury or damages or wrongful death, whether in contract or tort, against a health care provider for an alleged breach of the standard of care.

(e) The purpose of this section is to establish a relative standard of care for health care providers. A health care provider may testify as an expert witness in any action for injury or damages against another health care provider based on a breach of the standard of care only if he or she is a “similarly situated health care provider” as defined above. It is the intent of the Legislature that in the event the defendant health care provider is certified by an appropriate American board or in a particular specialty and is practicing that specialty at the time of the alleged breach of the standard of care, a health care provider may testify as an expert witness with respect to an alleged breach of the standard of care in any action for injury, damages, or wrongful death against another health care provider only if he or she is certified by the same American board in the same specialty.
Ala. Code § 6-6-801 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-801
Section 6-6-801 Removal of Receiver; Replacement; Termination of Receivership
Status: in_force

(a) The court may remove a receiver for cause.

(b) The court shall replace a receiver that dies, resigns, or is removed.

(c) If the court finds that a receiver that resigns or is removed or the representative of a receiver that is deceased has accounted fully for and turned over to the successor receiver all receivership property and has filed a report of all receipts and disbursements during the service of the replaced receiver, the replaced receiver is discharged.

(d) The court may discharge a receiver and terminate the court’s administration of the receivership property if the court finds that appointment of the receiver was improvident or that the circumstances no longer warrant continuation of the receivership. If the court finds that the appointment was sought in bad faith, the court may assess both of the following against the person that sought the appointment:

(1) The fees and expenses of the receivership, including reasonable attorney fees and costs.

(2) Actual damages caused by the appointment, including reasonable attorney fees and costs.
Ala. Code § 6-6-789 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-789
Section 6-6-789 Security Agreement Covering After-Acquired Property
Status: in_force

Except as otherwise provided by the law of this state other than this article, property that a receiver or owner acquires after appointment of the receiver is subject to a security agreement entered into before the appointment to the same extent as if the court had not appointed the receiver.
Ala. Code § 6-10-3 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-3
Section 6-10-3 Homestead Exemption - Alienation by Married Person
Status: in_force

No mortgage, deed or other conveyance of the homestead by a married person shall be valid without the voluntary signature and assent of the husband or wife, which must be shown by his or her examination before an officer authorized by law to take acknowledgments of deeds, and the certificate of such officer upon, or attached to, such mortgage, deed, or other conveyance, which certificate must be substantially in the form of acknowledgment for individuals prescribed by Section 35-4-29.
Ala. Code § 6-5-841 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-841
Section 6-5-841 Remedies
Status: in_force

Civil liability pursuant to Section 6-5-840 shall consist of all of the following:

(1) The full actual damages incurred.

(2) Court costs and reasonable attorney fees.

(3) Punitive damages, if the plaintiff proves by clear and convincing evidence that the defendant consciously or deliberately engaged in wantonness or malice with regard to the plaintiff, as defined in Section 6-11-20.
Ala. Code § 6-6-521 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-521
Section 6-6-521 Securing Estate Against Further Waste Pending Action
Status: in_force

Pending such action, the judge must, by injunction or otherwise, secure the estate against further waste, but no such order affects the rights of creditors acquired previous to the commencement of the action.
Ala. Code § 6-5-31 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-31
Section 6-5-31 Assignment of Breaches on Penal Bonds or Other Writings
Status: in_force

In actions upon penal bonds or other writings for the nonperformance of any covenant or agreement contained therein, the plaintiff may assign such breaches as he may deem proper, and verdict and judgment may be entered for the plaintiff for such of the breaches as he may prove. Default judgments may be entered in accordance with and as appropriate under the Alabama Rules of Civil Procedure, but in no case shall the judgment exceed the principal and interest due on the instrument.
Ala. Code § 6-10-67 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-67
Section 6-10-67 Right to Use of Property Before Such Set Apart and to Commence or Defend Actions Thereon
Status: in_force

Before grant of administration and before the exempt property is set apart, the right of the surviving spouse and minor child or children, or either, to the use and benefit of such property shall be the same as if it had been set apart as exempt; and actions respecting the same may be commenced or defended by the surviving spouse or, if there is no surviving spouse, by the minor child, or children, as fully and to the same extent as if such property had been set apart as exempt from administration.
Ala. Code § 6-9-61 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-61
Section 6-9-61 Destruction of Lien Upon Execution of Bond for Appeal, Etc
Status: in_force

The execution of a bond for an appeal by which the judgment is suspended or the execution of a bond by the defendant upon the proper officer granting an injunction, stay of execution, or restraining order destroys the lien created by the recording of the certificate of the judgment or the levy of the execution upon personal property. The clerk of the court in which such bond, injunction, stay, or restraining order is granted shall, at the request of the party filing such bond or obtaining such order, note such fact on the margin of the record where the certificate of judgment is recorded in the event such certificate has been filed in the probate office.
Ala. Code § 6-10-20 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-20
Section 6-10-20 Declaration of Claimed Exemptions - Making and Filing
Status: in_force

Any resident of this state entitled to, and desiring to, claim a homestead or other exemption from levy and sale under execution or other process may, at any time, make and file in the office of the probate judge of the county in which the property is situated, if a homestead, or, if personal property, of the county in which such resident resides, a declaration in writing, subscribed and sworn to by him or her, describing the property selected and claimed by him or her as exempt, item by item, in case of personal property, with its value. Other declarations may, from time to time, as occasion may require, be made and filed.
Ala. Code § 6-6-625 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-625
Section 6-6-625 Payment of Salaries, Commissions, and Wages Before General Liabilities of Corporation or Partnership Paid
Status: in_force

Every debt due to any person on a salary or commission basis or any laborer or mechanic for personal wages from any corporation or partnership for which a receiver shall be appointed for any labor performed for such corporation or partnership within three months next preceding the service of the application for the appointment of a receiver shall be paid in full by the receiver, to the amount of not exceeding $300, before the general liabilities of such corporation or partnership are paid.
Ala. Code § 6-5-284 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-284
Section 6-5-284 Instrument Lost or Destroyed by Theft, Etc.; Evidence of Loss, Destruction and Contents; Execution Bond
Status: in_force

(a) In an action commenced on a bond, note, bill of exchange, or other instrument which has been lost or destroyed by theft or otherwise, if affidavit is made by the plaintiff of such loss or destruction and the contents thereof and that the same has not been paid or otherwise discharged and accompanies the complaint, it must be received as presumptive evidence both of the contents and loss or destruction of such instrument, unless the defendant by answer, verified by affidavit, denies the execution of such bond, note, or bill or the endorsement, acceptance, or the contents thereof, in which case proof of such execution, endorsement, acceptance, or contents must be made by the plaintiff; provided, that this section must not be so construed as to authorize an action for the recovery of bank notes or bills issued to circulate as money and alleged to be lost or destroyed. When the action is against an executor or administrator, he may controvert the oath of the plaintiff of the loss, destruction, or contents of the instrument sued on by swearing to the best of his knowledge and belief.

(b) No execution may issue on a judgment in an action on a lost or destroyed instrument until the plaintiff shall furnish such security as the court may require to indemnify the defendant against loss by reason of further claims on the instrument.
Ala. Code § 6-6-784 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-784
Section 6-6-784 Jurisdiction and Venue
Status: in_force

(a) The court that appoints a receiver under this article has statewide exclusive original jurisdiction, pursuant to Section 12-11-30, to direct the receiver and determine any controversy related to the receivership or receivership property.

(b) Venue for any actions filed pursuant to this article shall be proper in any county where a substantial portion of the receivership property is located.
Ala. Code § 6-5-840 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-840
Section 6-5-840 Civil Liability for Certain Criminal Acts
Status: in_force

(a) An individual who commits any of the following crimes is civilly liable to the individual depicted in the relevant image:

(1) Distributing a private image, pursuant to Section 13A-6-240.

(2) Dissemination, distribution, or public display of child sexual abuse material, pursuant to Section 13A-12-191.

(3) Advertising, promoting, presenting, or soliciting child sexual abuse material, pursuant to Section 13A-12-191.

(4) Possession of child sexual abuse material, pursuant to Section 13A-12-192.

(5) Possession with intent to distribute child sexual abuse material, pursuant to Section 13A-12-192.

(6) Permitting or allowing a child, ward, or dependent to engage in production of child sexual abuse material as a parent or guardian, pursuant to Section 13A-12-196.

(7) Production of child sexual abuse material, pursuant to Section 13A-12-197.

(b) No civil action may be brought pursuant to this section for actions taken to prevent, detect, protect against, report, or respond to the production, generation, incorporation, or synthesization through artificial intelligence of child sexual abuse material.
Ala. Code § 6-4-21 — Alabama Code / Title 6 / Chapter 4 / Section 6-4-21
Section 6-4-21 Where No Other Provision for Service of Nonresident Minors or Insane Persons
Status: in_force

Should there be no other provision by law or rule for service upon nonresident minors or insane persons and proof is made before the clerk, register, or judge of the court in which the proceeding is pending, he may direct in writing the mode of service or may appoint in writing a guardian ad litem for such person without service.
Ala. Code § 6-5-707 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-707
Section 6-5-707 Damage to Property of Utility
Status: in_force

Nothing in this article shall limit or eliminate the liability of a contractor for any civil action based on any alleged loss of or damage to the property of a utility that is rightfully located on, or adjacent to, the right-of-way of any highway, road, or street on which the contractor performed the construction, repair, or maintenance.
Ala. Code § 6-5-464 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-464
Section 6-5-464 Survival - Claims Equitable in Nature
Status: in_force

(a) All claims equitable in nature upon which an action has been filed shall survive in favor of and against the heirs, successors, or personal representative of any deceased party to such an action.

(b) All claims equitable in nature upon which no action has been filed shall survive in favor of and against the personal representatives, heirs, or successors of deceased persons who, but for their death, could have enforced such claims or against whom such claims could have been enforced.
Ala. Code § 6-9-141 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-141
Section 6-9-141 Written Note or Memorandum Unnecessary
Status: in_force

No note or memorandum in writing shall be necessary to charge any person at a judicial, execution or attachment sale other than the return of the officer on the process.
Ala. Code § 6-9-140 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-140
Section 6-9-140 Conveyance of Title by Sale Under Judicial Process
Status: in_force

A sale regularly made by virtue of judicial process issuing from a court of competent jurisdiction shall convey the title as effectually as if the sale was made by the person against whom the process issues.
Ala. Code § 6-6-524 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-524
Section 6-6-524 Trustee - Control by Appointing Court
Status: in_force

The court making such appointment may direct and control the trustee in the management of the trust estate and has jurisdiction of the settlements, partial and final, of his accounts.
Ala. Code § 6-6-297 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-297
Section 6-6-297 Issuance of Writs Before Judgment Satisfied
Status: in_force

The issuance of any one or more of the writs of process for the enforcement of judgments in ejectment shall not bar or prevent issuance of other or appropriate writs to enforce such judgments until there has been a satisfaction of the judgment.
Ala. Code § 6-9-212 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-212
Section 6-9-212 Failure of Probate Judge to Register or Index
Status: in_force

Any judge of probate who shall fail to make the registration or index required by Section 6-9-210 shall be liable to a penalty of $200, for the use of any party aggrieved, besides all damages sustained by such party.
Ala. Code § 6-9-87 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-87
Section 6-9-87 Sale of Levied Property - Notice
Status: in_force

In sales of personal property, notice must be given by advertisement at the courthouse door and also by publication in a newspaper, if one is published in the county, for 10 days previous to such sale, but only one insertion in such newspaper shall be necessary. In sales of real property, the publication in such newspaper must be once a week for three successive weeks and by posting up notice for 30 days at the courthouse door previous to the sale.
Ala. Code § 6-9-161 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-161
Section 6-9-161 Tendering Value of Restored Property by Bond Obligors Where Same Dead or Destroyed
Status: in_force

When property is restored to the defendant on the execution of a forthcoming bond and the same dies or is destroyed before the day for the delivery thereof without fault on his part, the obligors in the bond may tender the value thereof to the plaintiff, his agent or attorney, and if such tender is refused, the obligors in such bond may, on petition to the judge of the circuit court, supersede the same.
Ala. Code § 6-9-40 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-40
Section 6-9-40 Real and Personal Property; Equity of Redemption Therein
Status: in_force

Executions may be levied:

(1) On real property to which the defendant has a legal title or a perfect equity, having paid the purchase money, or in which he has a vested legal interest in possession, reversion, or remainder, whether he has the entire estate or is entitled to it in common with others.

(2) On personal property of the defendant, except things in action, whether he has the absolute title thereto or the right only to the possession thereof for his own life, the life of another or any shorter period, but this does not apply to a possession acquired by a bona fide hiring of chattels.

(3) On an equity of redemption in either land or personal property. When any interest less than the absolute title is sold, the purchaser is subrogated to all the rights of the defendant and subject to all his disabilities.
Ala. Code § 6-6-623 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-623
Section 6-6-623 Appointment - Partnerships; Power of Court to Make Orders Relative to Partnership Business, Etc.; Modification or Vacation of Appointment or Orders
Status: in_force

(a) When any partnership shall be dissolved and the partners cannot agree upon the disposition of the partnership effects and the settlement of the affairs of such partnership, either of them may apply to the circuit court for the county in which either of said partners resides or in which the property of such partnership is situated for the appointment of a receiver to hold the business and all of the estate, both real and personal, belonging to such partnership and dispose of, manage and apply the same as the said court may direct. Upon receiving such application, said court shall forthwith appoint a day for the hearing upon the same and shall make such order relative to notice of such application and of the hearing to the other partners as may be deemed proper. The hearing shall be at least six days from the service of such order or notice, and such court, upon said hearing, may appoint a receiver for said partnership who shall be subject to the orders of said court.

(b) The said court shall have the power to make such orders relative to the management or closing up of the business of such partnership and to the sale, division, or other disposal of its real and personal estate as may be necessary to protect the rights and interests of each partner and of the creditors of such partnership.

(c) Upon the appointment of a receiver for a partnership, he shall be entitled to the immediate possession and control of all its property, both real and personal, subject to the order of said court; but any such appointment or any order of said court may be modified or vacated on the application to said court of any party to such proceedings, reasonable notice of such application and of the time and place of the hearing thereon having first been given to every other party.
Ala. Code § 6-6-525 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-525
Section 6-6-525 Trustee - Partial and Final Settlements of Account
Status: in_force

The trustee must, at least once in three years, make partial settlement of his accounts and may be required to do so at any time; and, on the termination of the trust, he or, if he is dead, his personal representative must make final settlement thereof, such settlement to be governed by the provisions of this Code regulating settlements of guardian’s accounts in the court of probate, so far as such provisions may be applicable.
Ala. Code § 6-6-203 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-203
Section 6-6-203 Taxation of Costs
Status: in_force

The costs of the proceeding provided for in this division shall be taxed as other costs in the case, but the court may, within its discretion, tax the same against either party or apportion the same among such parties.
Ala. Code § 6-6-414 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-414
Section 6-6-414 Unpaid Subscription of Stock
Status: in_force

Any creditor of a corporation may, by garnishment, subject the unpaid subscription of any stockholder in such corporation to the payment of its debts, without regard to whether the corporation can commence an action against the stockholder for such subscription or not.
Ala. Code § 6-5-100 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-100
Section 6-5-100 Fraud - Right of Action Generally
Status: in_force

Fraud by one, accompanied with damage to the party defrauded, in all cases gives a right of action.
Ala. Code § 6-6-800 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-800
Section 6-6-800 Fees and Expenses
Status: in_force

(a) The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver.

(b) The court may order one or more of the following to pay the reasonable and necessary fees and expenses of the receivership, including reasonable attorney fees and costs:

(1) A person that requested the appointment of the receiver, if the receivership does not produce sufficient funds to pay the fees and expenses.

(2) A person whose conduct justified or would have justified the appointment of the receiver under Section 6-6-785(a)(1).
Ala. Code § 6-6-223 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-223
Section 6-6-223 Construction or Validity of Instruments, Statutes, Ordinances, Contracts, or Franchises
Status: in_force

Any person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.
Ala. Code § 6-6-752 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-752
Section 6-6-752 Contents of Petition; Order to Show Cause; Service of Petition and Order on District Attorney; Publication of Public Notice
Status: in_force

(a) The authority for issuing such obligations, the fact that an election has been held and that such election was in favor of the issuance of such obligations, if an election was required, the ordinances or resolutions authorizing their issuance and the fact of their adoption, and all essential proceedings had or taken in connection therewith, the amount of the obligations to be issued, the maximum rate of interest they are to bear, when principal and interest are to be paid and the place of payment (unless the successful bidder at public sale will have the right to name, designate, request, or suggest the place of payment, which shall be stated if this is the case), the tax or other means provided for their payment, the assessed value of the property in the unit, the amount of outstanding indebtedness incurred and the date or dates when so incurred and the amount in each sinking fund of the unit shall be briefly set out in said petition by appropriate allegations, references, or exhibits.

(b) The judge of said court shall, on the filing and presentation of said petition, issue an order against the taxpayers and citizens of such unit requiring them to show cause at a time and place to be designated in said order, which time shall be not less than 20 days nor more than 40 days after the issuance of such order and which place shall be within the county in which the petition is filed, why said obligations should not be validated and confirmed.

(c) A copy of said petition and order shall be served, at least 18 days before the date fixed in such order for the hearing on the district attorney of the county in which such proceedings are pending. It shall be the duty of the district attorney to examine such petition carefully, and if it appears to him, or if he has any reason to believe, that such petition is defective, insufficient, or untrue, or if it is his opinion that the obligations in question have not been properly authorized or would be in violation of law, that the tax or other means provided for their payment would not be valid or that any pledge or other covenant or provision for the benefit of said obligations would not be valid, then he shall make such defense thereto as to him shall seem proper. Any officer, agent, or employee who has charge, possession, custody, or control of any of the books, papers, or records of said unit shall, on demand of the district attorney, exhibit to him for examination said books, papers, and records and shall, without cost, furnish to him duly authenticated copies of such books, papers, and records which pertain to the proceedings for the issuance of such obligations or which might affect the legality of same or the validity of the tax or the means provided for their payment, as he shall demand.

(d) Prior to the hearing of said case, the register or clerk of said court shall publish, in a newspaper published in the unit, once each week for at least three weeks before the hearing, the first publication to be at least 18 days before such hearing, a notice addressed to the taxpayers and citizens of such unit requiring them, at the time and place specified in the order providing for the hearing of such case, to show cause, if any they have, why said obligations and the tax or other means provided for their payment and any pledges or other covenants, provisions, or agreements for the benefit of said obligations that may be referred to in the petition should not be validated and confirmed; provided, that if no newspaper is published in such unit, then such notice shall be published as aforesaid in a newspaper published in the county or, if no newspaper is published in the county, then in a newspaper published within the state and having a general circulation in such unit. By the publication of such notice, all taxpayers and citizens of such unit shall become parties defendant to said proceedings, and the court shall have jurisdiction of them the same as if each of them were named individually as a party defendant in said petition and personally served with process.
Ala. Code § 6-6-573 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-573
Section 6-6-573 Remedy and Procedure Cumulative
Status: in_force

The remedy and procedure mentioned in this division shall be cumulative and not exclusive of any other proceedings to quiet title to real property.
Ala. Code § 6-10-91 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-91
Section 6-10-91 Report of Appraisers or Commissioners - Appeal from Decree on Exceptions
Status: in_force

From the decree of the probate court pronounced on such exceptions, either party feeling aggrieved may within 42 days appeal to the supreme court by filing a notice of appeal with the probate court. Such appeal shall be taken in accordance with the Alabama Rules of Appellate Procedure.
Ala. Code § 6-5-260 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-260
Section 6-5-260 Deprivation of Owner of Possession
Status: in_force

The owner of personalty is entitled to possession thereof. Any unlawful deprivation of or interference with such possession is a tort for which an action lies.
Ala. Code § 6-5-750 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-750
Section 6-5-750 Short Title
Status: in_force

This article shall be known and may be cited as the Alabama Commercial Aviation Business Improvement Act of 2013.
Ala. Code § 6-5-330 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-330
Section 6-5-330 Breach of Contract to Marry
Status: in_force

No contract to marry which shall be made within this state after September 7, 1935, shall operate to give rise, either within or without this state, to any cause of action for breach thereof.
Ala. Code § 6-10-103 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-103
Section 6-10-103 Commissioners - Qualifications; Oath
Status: in_force

Commissioners appointed to allot or set apart homestead or other exemptions under this division must be disinterested householders or freeholders of the county and, before executing their commission, must be sworn by some officer authorized to administer oaths, or by one of themselves, to faithfully discharge the duties for which they were appointed.
Ala. Code § 6-5-186 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-186
Section 6-5-186 Prerequisites to Recovery of Vindictive or Punitive Damages in Action for Libel
Status: in_force

Vindictive or punitive damages shall not be recovered in any action for libel on account of any publication unless (1) it shall be proved that the publication was made by the defendant with knowledge that the matter published was false, or with reckless disregard of whether it was false or not, and (2) it shall be proved that five days before the commencement of the action the plaintiff shall have made written demand upon the defendant for a public retraction of the charge or matter published; and the defendant shall have failed or refused to publish within five days, in as prominent and public a place or manner as the charge or matter published occupied, a full and fair retraction of such charge or matter.
Ala. Code § 6-10-101 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-101
Section 6-10-101 Proceedings to Set Apart Exemptions When Administration Not Granted on Decedent’s Estate Within 60 Days After Death - Vesting of Title to Real Property in Surviving Spouse and Minors and Right to Possession Thereof
Status: in_force

If no exceptions are filed and sustained to such report of the commissioners setting apart the homestead exemption, the title to the real property so set aside shall vest in the surviving spouse and minors, share and share alike, but only during the life of the surviving spouse and minority of the children. If all the real property left by the decedent in this state does not exceed in area and value the homestead allowed by law as exempt, title to all such real property shall vest absolutely in the surviving spouse, the children (minors and adults) and the descendants of deceased children, or, if there is no surviving spouse, in the children and the descendants of deceased children, or, if there are no children or descendants of deceased children, in the surviving spouse; provided, that when the homestead is so vested and there are a surviving spouse and minor children, the surviving spouse and minor children shall be entitled to the exclusive possession of such real property for the life of the surviving spouse and the minority of the children; where there are both minor and adult children, the minor children shall be entitled to the exclusive possession of such real property during their minority; and where there is a surviving spouse but no minor children, such surviving spouse shall be entitled to the exclusive possession of such property during his or her life. The homestead so vested shall not be sold for division during the life of the surviving spouse and the minority of the child or children of the decedent without the consent of the surviving spouse and the legally appointed representative of the minor child or children.
Ala. Code § 6-10-92 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-92
Section 6-10-92 Exceptions to Report of Appraisers That Homestead Does Not Exceed Allowance
Status: in_force

When the report of the appraisers shows that the homestead does not exceed in value $6,000, exceptions may be filed thereto by the personal representative or other person in adverse interest; and, if such exceptions are filed, proceedings may be had thereof as in case of a report allotting or setting apart the homestead.
Ala. Code § 6-6-410 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-410
Section 6-6-410 Debt or Demand on Which Action Pending
Status: in_force

A debt or demand which is subject to garnishment may be reached and subjected though an action may be pending thereon; and if the action is not pending in the court from which the garnishment issues, the court, on proof by the garnishee of the pendency of the garnishment, must, on the entry of judgment, stay execution until notified by the clerk of the court in which the garnishment or attachment is instituted that final judgment has been entered, in which case he must make the appropriate order according to whether the judgment is entered for the plaintiff or defendant.
Ala. Code § 6-6-257 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-257
Section 6-6-257 Assessment of Value and Damages and Judgment - Dismissal of Action
Status: in_force

When the property sued for is in the possession of the plaintiff and the action is dismissed, the court shall cause a jury to assess the alternate value of the property and also the value of the hire or use thereof during the time it was in the possession of the plaintiff and shall enter judgment for the defendant for the recovery of the property, or its alternate value, and damages for the use or hire thereof.
Ala. Code § 6-9-93 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-93
Section 6-9-93 Sale of Levied Property - Payment to Debtor
Status: in_force

When, at an execution sale, the amount of the sale exceeds the judgment, interest and costs, the excess must be paid to the debtor or his legal representative. When money is paid or collected on an execution, the whole or any part of which is enjoined, the same must, on demand, be refunded to the debtor or his legal representative if it has been paid over to the plaintiff, his agent or attorney without notice of the injunction.
Ala. Code § 6-6-186 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-186
Section 6-6-186 Examination of Debtor as to His Property, Etc
Status: in_force

(a) After answer filed on the application of the plaintiff showing a necessity therefor, which application must be verified by oath, the judge may order an examination of the debtor before the register or clerk or before an examiner specially appointed, touching and concerning his property, real or personal, moneys, effects, and choses in action; and it is the duty of the debtor to attend at the time and place to which he may be summoned by the register, clerk, or examiner and submit to such examination.

(b) The provisions of this section apply to any complaint filed under this article.
Ala. Code § 6-2-38 — Alabama Code / Title 6 / Chapter 2 / Section 6-2-38
Section 6-2-38 Commencement of Actions - Two Years
Status: in_force

(a) An action by a representative to recover damages for wrongful act, omission, or negligence causing the death of the decedent under Sections 6-5-391 and 6-5-410 must be commenced within two years from the death.

(b) All actions by common carriers of property subject to Chapter 3 of Title 37 for recovery of their charges, or any part thereof, shall be begun within two years from the time the cause of action accrues and not after.

(c) For recovery of charges, action shall be begun against common carriers of property by motor vehicles subject to this article within two years from the time the cause of action accrues and not after, except as provided in subsection (d) of this section; provided, that if claim for the overcharge has been presented in writing to the carrier within the two-year period of limitation, said period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.

(d) If on or before the expiration of the two-year period of limitation in subsection (c) of this section, a common carrier by motor vehicle subject to Chapter 3 of Title 37 begins action under subsection (c) of this section for recovery of charges in respect of the same transportation service or, without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include 90 days from the time such action is begun or such charges are collected by the carrier.

(e) The cause of action in respect of a shipment of property shall, for the purpose of subsections (b) through (f) of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier and not after.

(f) The term “overcharges” as used in subsections (b) through (e) of this section shall mean charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the Public Service Commission.

(g) Any action brought under Section 25-5-11(b) must be brought within two years of such injury or death.

(h) All actions for malicious prosecution must be brought within two years.

(i) All actions for seduction must be brought within two years.

(j) All actions qui tam or for a penalty given by statute to the party aggrieved, unless the statute imposing it prescribes a different limitation, must be brought within two years.

(k) All actions of libel or slander must be brought within two years.

(l) All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.

(m) All actions for the recovery of wages, overtime, damages, fees, or penalties accruing under laws respecting the payment of wages, overtime, damages, fees, and penalties must be brought within two years.

(n) All actions commenced to recover damages for injury to the person or property of another wherein a principal or master is sought to be held liable for the act or conduct of his agent, servant, or employee under the doctrine of respondeat superior must be brought within two years.

(o) All actions commenced under Section 6-5-411 to recover damages for injury or damage to property of a decedent must be brought within two years.

(p) If any action is commenced before the time limited has expired, judgment is entered for the plaintiff and such judgment is arrested or reversed on appeal, the plaintiff or his legal representative may commence an action again within one year from the reversal or arrest of such judgment though the period limited may in the meantime have expired; and in like manner, if more than one judgment is arrested or reversed, an action may be recommenced within one year.
Ala. Code § 6-12A-4 — Alabama Code / Title 6 / Chapter 12A / Section 6-12A-4
Section 6-12A-4 Agent for Service of Process
Status: in_force

(a) Agent for service of process required. Any non-resident or foreign non-participating manufacturer that has not registered to do business in the state as a foreign corporation or business entity, as a condition precedent to having its brand families listed or retained in the directory, shall appoint and continually engage without interruption the services of an agent in this state to act as agent for the service of process on whom all process, and any action or proceeding against it concerning or arising out of the enforcement of this chapter and Section 6-12-3, may be served in any manner authorized by law. The service shall constitute legal and valid service of process on the non-participating manufacturer. The non-participating manufacturer shall provide the name, address, phone number, and proof of the appointment and availability of their agent to and to the satisfaction of the commissioner.

(b) The non-participating manufacturer shall provide notice to the commissioner 30 calendar days prior to termination of the authority of an agent and shall further provide proof to the satisfaction of the commissioner of the appointment of a new agent no less than five calendar days prior to the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the non-participating manufacturer shall notify the commissioner of termination within five calendar days and shall include proof to the satisfaction of the commissioner of the appointment of a new agent.
Ala. Code § 6-5-342 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-342
Section 6-5-342 Skateboarding, Roller Skating in Parks or Rinks
Status: in_force

(a) The purpose of this section is to encourage owners of property to make land available for skateboarding or roller skating activities in areas specifically designed for that purpose. It is recognized that there are certain risks and dangers involved in skateboarding and roller skating activities, including skating itself, riding, assisting, and observing. Property owners have been reluctant or failed to make property available for skateboarding and roller skating activities because of the inherent risks in the activity, the exposure to liability, and the prohibitive cost of insurance, if insurance can be obtained for the activities. The recreational sports of skateboarding and roller skating are a wholesome and healthy family activity that should be encouraged. The allocation of risks and costs of skateboarding and roller skating activities is an important matter of public policy.

(b) Any person who participates in or assists in roller skating or skateboarding in a park or rink designated for that purpose, regardless of whether publicly or privately owned, assumes the known and unknown inherent risks in roller skating and skateboarding activities and is legally responsible for all damages, injury, or death to himself or herself or other persons or property which result from these activities. Any person who observes skateboarding or roller skating activities in a rink or park designated for that purpose, regardless of whether publicly or privately owned, assumes the known and unknown inherent risks in this activity and is legally responsible for all damages, injury, or death to himself or herself which result from these activities.

(c) Every operator of a skateboard or roller skating park or rink shall post and maintain a warning sign in a clearly visible location at the entrance of the park or rink and any other conspicuous location within the park or rink as specified in this section. The sign shall serve as a warning to the roller skaters, skateboarders, assistants, spectators, and any others involved in this activity that the operator of the park or rink has limited civil liability under Alabama law for skateboarding and roller skating activities occurring at the park or rink. Failure to comply with the requirements concerning warning signs provided in this section shall prevent an operator of a park or rink from invoking the privileges of immunity provided by this section. The warning notice shall appear on the sign in black letters with each letter to be a minimum of one inch in height and shall contain the following notice:

“WARNING

“Under Alabama law, a skateboard or roller skating park or rink operator is not liable for injury, damages, or death of a participant, assistant, or spectator in skateboarding or roller skating activities in the park or rink resulting from the inherent risks of skateboarding or roller skating activities. If skateboarding is permitted in this facility, any person skateboarding in this facility must wear appropriate protective equipment including a helmet, elbow pads, and knee pads.”

(d) Any person participating in skateboarding or roller skating activities in a skateboard or roller skating park or rink, including participation as an assistant or spectator, is responsible for the following:

(1) Acting within the limits of his or her ability and the purpose and design of the equipment used.

(2) Maintaining control of his or her person and the equipment used.

(3) Refraining from acting in any manner which may cause or contribute to death or injury of himself or herself or other persons.

(e) Any person operating a skateboard or roller skating park or rink is responsible for the following:

(1) Posting and maintaining the required warning notice in one or more conspicuous places in the park or rink.

(2) Complying with all state and local safety codes regarding the conditions of the park or rink, including, but not limited to, the physical facilities such as safe lighting, fire extinguishers placed at appropriate intervals, railings, and the number of participants, assistants, and spectators permitted in the facility.

(3) Maintaining the stability and safety of skating surfaces.

(f) Each participant in roller skating and skateboarding activities, including roller skaters, skateboarders, assistants, and spectators, is deemed to have read and understood the warning notice required pursuant to subsection (c).
Ala. Code § 6-6-335 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-335
Section 6-6-335 Proceedings When Parties Appear or Defendant Fails to Do So
Status: in_force

If the parties appear, an issue must be made between them upon the complaint, but if the defendant, having been duly cited, does not appear or, appearing, declines to plead, the case proceeds as if the defendant had denied the allegations of the complaint; or, for good cause, the trial may be postponed not more than 15 days, at the cost of the applicant.
Ala. Code § 6-9-211 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-211
Section 6-9-211 Judgment Constitutes Lien on Property of Defendant
Status: in_force

Every judgment, a certificate of which has been filed as provided in Section 6-9-210, shall be a lien in the county where filed on all property of the defendant which is subject to levy and sale under execution, and such lien shall continue for 10 years after the date of such judgment; provided, that when an action or other proceeding to enforce or foreclose said lien is instituted or begun within said 10 years, but has not been completed, decided, or determined within said 10-year period, and at the time said action or proceeding is instituted or begun, or lien claimed therein, a lis pendens notice thereof is filed in the office of the judge of probate of the county in which said property is situated, the lien provided for in this section shall continue as to the property upon which said lien is claimed in said action or proceeding and may be enforced or foreclosed in that action as if said 10-year period had not elapsed. No insolvency proceedings or declaration of insolvency shall affect or impair such lien, except bankruptcy proceedings instituted within four months after the filing of the certificate of judgment for record as provided by law. The filing of said certificate of judgment, as provided in Section 6-9-210, shall be notice to all persons of the existence of the lien thereby created.
Ala. Code § 6-9-22 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-22
Section 6-9-22 When Execution to Issue - Prior to Time Prescribed
Status: in_force

Upon the entry of judgment, execution may be issued by leave of the court before the time prescribed in the Alabama Rules of Civil Procedure for the issuing of executions, the plaintiff, his agent, or attorney showing sufficient cause therefor by affidavit; but the defendant is not prevented thereby from moving for a new trial nor deprived of any right he would otherwise have had.
Ala. Code § 6-6-165 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-165
Section 6-6-165 Return - Where Execution Issued from Probate Court; Trial in Circuit Court; Return of Execution on Forfeited Bond
Status: in_force

(a) If the levy was made under execution issued from the probate court, the sheriff must return the original execution to the court from which it issued with an endorsement thereon showing the interposition of the claim, and he must return a copy of the execution and of the returns thereon, the affidavit and the bond to the circuit court of his county, where, after 30 days, the trial of the right of property must be had according to the provisions of this article.

(b) If, in the case provided for in subsection (a) of this section, the bond is forfeited, the execution on the forfeited bond must be made returnable to the court from which the original process issued, of which and of the time of its receipt by the sheriff the clerk must give the judge of probate written notice, which shall be presumptive evidence of the fact against the sheriff.
Ala. Code § 6-5-344 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-344
Section 6-5-344 Volunteer Athletic Coach, Manager, or Official
Status: in_force

(a) Notwithstanding any provision of law to the contrary, no person who provides services or assistance free of charge, except for reimbursement of expenses, as an athletic coach, manager, or official for a sports team which is organized or performing as a nonprofit or similar entity or which is a member team in a league affiliated with an organized county or municipal recreation department, shall be liable in any civil action for damages to a player, participant, or spectator as a result of his or her acts or omissions arising out of and in the course of rendering that service or assistance.

(b) This section shall apply to competitions, instruction, practice, and other activities related to the organized sport.

(c) Nothing in this section shall grant immunity to any of the following:

(1) Any person causing damage by his or her willful, wanton, or grossly negligent act or omission.

(2) Any coach, manager, assistant, or official who has not participated in a safety and training skills program which shall include, but not be limited to, injury prevention, first aid procedures, and general coaching concepts.

(3) Any person causing damage or injury as a result of his or her negligent operation of a motor vehicle.

(4) Any person for any damage caused by that person permitting a competition or practice to be conducted without supervision.
Ala. Code § 6-4-20 — Alabama Code / Title 6 / Chapter 4 / Section 6-4-20
Section 6-4-20 Method Generally
Status: in_force

Service of process, unless otherwise provided by law, shall be made as provided in the Alabama Rules of Civil Procedure.
Ala. Code § 6-11-6 — Alabama Code / Title 6 / Chapter 11 / Section 6-11-6
Section 6-11-6 Damages Not Affected
Status: in_force

Nothing in this article shall be construed to alter or affect the nature, elements, form, or amount of damages recoverable in any action.
Ala. Code § 6-11-27 — Alabama Code / Title 6 / Chapter 11 / Section 6-11-27
Section 6-11-27 Principal, Master, Etc., Not Liable for Punitive Damages for Conduct of Agent, Servant, Etc.; Exceptions
Status: in_force

(a) A principal, employer, or other master shall not be liable for punitive damages for intentional wrongful conduct or conduct involving malice based upon acts or omissions of an agent, employee, or servant of said principal, employer, or master unless the principal, employer, or master either: (i) knew or should have known of the unfitness of the agent, employee, or servant, and employed him or continued to employ him, or used his services without proper instruction with a disregard of the rights or safety of others; or (ii) authorized the wrongful conduct; or (iii) ratified the wrongful conduct; or unless the acts of the agent, servant, or employee were calculated to or did benefit the principal, employer, or other master, except where the plaintiff knowingly participated with the agent, servant, or employee to commit fraud or wrongful conduct with full knowledge of the import of his act.

(b) Nothing contained in this section shall be construed to prevent recovery of punitive damages against a retail vendor of alcoholic beverages arising out of the acts of its agents, servants, or employees acting within the line and scope of their employment.
Ala. Code § 6-6-787 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-787
Section 6-6-787 Receiver’s Bond; Alternative Security
Status: in_force

(a) Except as otherwise provided in subsection (b), a receiver shall post with the court a bond that satisfies all of the following:

(1) Is conditioned on the faithful undertaking of the receiver’s duties.

(2) Has one or more sureties approved by the court.

(3) Is in an amount the court specifies.

(4) Is effective as of the date of the receiver’s appointment.

(b) The court may approve the posting by a receiver with the court of alternative security, such as a letter of credit or deposit of funds. The receiver may not use receivership property as alternative security. Interest that accrues on deposited funds must be paid to the receiver on the receiver’s discharge.

(c) The court may authorize a receiver to act before the receiver posts the bond or alternative security required by this section.

(d) A claim against a receiver’s bond or alternative security must be made not later than the date the receiver is discharged.
Ala. Code § 6-3-21.1 — Alabama Code / Title 6 / Chapter 3 / Section 6-3-21.1
Section 6-3-21.1 Change or Transfer of Venue for Convenience of Parties and Witnesses or in Interest of Justice
Status: in_force

(a) With respect to civil actions filed in an appropriate venue, any court of general jurisdiction shall, for the convenience of parties and witnesses, or in the interest of justice, transfer any civil action or any claim in any civil action to any court of general jurisdiction in which the action might have been properly filed and the case shall proceed as though originally filed therein. Provided, however, this section shall not apply to cases subject to Section 30-3-5.

(b) The right of a party to move for a change or transfer of venue pursuant to this statute is cumulative and in addition to the rights of a party to move for a change or transfer of venue pursuant to Section 6-3-20, Section 6-3-21, or Alabama Rules of Civil Procedure.
Ala. Code § 6-6-572 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-572
Section 6-6-572 To Whom Title or Interest Inures
Status: in_force

When title or interest is established in anyone under the provisions of this division, it shall inure to the benefit of all persons who derive title to said lands, or any interest, from or through the person in whose favor such title or interest is so established, and such title or interest shall be at all times treated and considered as though it had been established in favor of the person so procuring or deriving title.
Ala. Code § 6-9-90 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-90
Section 6-9-90 Sale of Levied Property - Rights of Debtor - Designation of Property to Be Sold First
Status: in_force

When a defendant in execution shall point out any of his property on which to levy the execution, the sheriff or other officer shall be bound to take and sell that first if the same is, in the opinion of such levying officer, sufficient to satisfy such judgment and costs.
Ala. Code § 6-6-264 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-264
Section 6-6-264 Issuance of Writs until Judgment Satisfied
Status: in_force

The issuance of any one or more of the writs of process for the enforcement of judgments in detinue shall not bar or prevent issuance of other or appropriate writs to enforce such judgments until there has been a satisfaction of the judgment.
Ala. Code § 6-5-182 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-182
Section 6-5-182 Libel or Slander - Burden of Proof
Status: in_force

In an action for libel or slander, the plaintiff must prove, unless it shall be admitted by the defendant, the facts showing that the alleged defamatory matter was published or spoken of the plaintiff.
Ala. Code § 6-9-89 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-89
Section 6-9-89 Sale of Levied Property - Perishable Goods and Chattels - Strawberries
Status: in_force

When strawberries are levied on or seized under any writ of detinue, writ of attachment, or writ of execution, the sheriff or constable making the levy or seizure shall, unless a replevy bond or forthcoming bond is immediately executed by the defendant, proceed forthwith to sell the strawberries so levied on or seized either at public or private sale, as he may deem best, and the proceeds of such sale shall be by such officer paid into the court out of which said writ was issued and shall be held by such court pending the final disposition of the case.
Ala. Code § 6-11-22 — Alabama Code / Title 6 / Chapter 11 / Section 6-11-22
Section 6-11-22 Grounds for Mistrial If Limitations Mentioned in Presence of Jury
Status: in_force

Argument or mention, in the presence of the jury, of the classifications or limitations established in Section 6-11-21 is not permissible and shall be ground for a mistrial.
Ala. Code § 6-6-595 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-595
Section 6-6-595 Joinder - Informant
Status: in_force

Whenever an action is commenced under the provisions of this article on the information of any person, his name must be joined as plaintiff with the state.
Ala. Code § 6-1-2 — Alabama Code / Title 6 / Chapter 1 / Section 6-1-2
Section 6-1-2 Effect of Rules of Supreme Court of Alabama
Status: in_force

Any provisions of this title regulating procedure shall apply only if the procedure is not governed by the Alabama Rules of Civil Procedure, the Alabama Rules of Appellate Procedure, or any other rule of practice and procedure as may be adopted by the Supreme Court of Alabama.
Ala. Code § 6-5-603 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-603
Section 6-5-603 Effect of Criminal Conviction
Status: in_force

Conviction under Section 13A-8-10, as amended or under any other criminal statute punishing theft of utility services or tampering with utility meters or facilities or diversion of utility services shall conclusively establish the liability of the person convicted for the damages provided under this article.
Ala. Code § 6-6-621 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-621
Section 6-6-621 Appointment - Appeal When Appointed by Register or Clerk
Status: in_force

When an order appointing a receiver is made by the register or clerk, it shall be subject to appeal to the circuit judge, which may be heard at any time. Such order must be suspended whenever the appellant enters into bond with sufficient sureties, to be approved by the register or clerk, in such sum as he shall prescribe, payable to the appellee and conditioned to pay the appellee all such costs and damages as he may sustain in case the appeal is not prosecuted to effect.
Ala. Code § 6-6-596 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-596
Section 6-6-596 Effect of Informant’s Death
Status: in_force

On the death of the informant pending the action, it may be continued in the name of the surviving informant or of any person who, on application, having first given security for the costs, is substituted in his place; but, on the death of all the informants, if no person is substituted in their place, the action shall be dismissed.
Ala. Code § 6-8-66 — Alabama Code / Title 6 / Chapter 8 / Section 6-8-66
Section 6-8-66 Copies of Each Issue of Paper Containing Advertisement to Be Furnished to Parties
Status: in_force

The publisher or manager of the newspaper must send to the officer or person making the advertisement a copy of each issue of the paper containing it, and a copy of such paper must be sent by mail to the person to whom the notice is directed, if his post office address can be ascertained, by the officer or person making the advertisement, such copy to be furnished by the publisher or manager of the newspaper in addition to the copy of each issue required in this section to be furnished.
Ala. Code § 6-6-571 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-571
Section 6-6-571 Assessment of Costs. (Amended by Act 2026-536)
Status: in_force

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

The court shall have the power to assess the cost of a hearing held pursuant to the terms of this division, including the fee of the guardian ad litem, to the plaintiffs; provided, that should some of the defendants file counterclaims or should certain persons intervene, the cost shall be assessed by the court as justice may require.
Ala. Code § 6-5-754 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-754
Section 6-5-754 Choice of Forum
Status: in_force

(a) If a claim under the common or statutory law of another state, the United States, or a foreign country or under international treaty for death or injury to person or damage to property arises against a manufacturer out of an accident that occurred outside this state, such claim may be brought in the courts of this state in any county in which jurisdiction of the defendant can be legally obtained in the same manner in which jurisdiction could have been obtained if the claim had arisen in this state.

(b) The courts of this state shall apply the doctrine of forum non conveniens in determining whether to accept or decline to take jurisdiction of an action asserting a claim arising out of an accident occurring outside this state.

(c) In applying the doctrine of forum non conveniens, the court shall take into account each of the following considerations:

(1) The state in which the claimant resides, giving deference to the claimant’s choice of forum only if the claimant is a resident of this state.

(2) The location where the acts or occurrences giving rise to the action occurred.

(3) The convenience of the parties and witnesses.

(4) The interests of justice.

(d) If upon motion of any defendant it is shown that there exists a more appropriate forum outside this state, the court must dismiss the action without prejudice. Dismissal may be conditioned upon the defendant filing with the court a consent (1) to submit to jurisdiction in the identified forum, or (2) to waive any statute of limitations defense not already existing if an action on the same cause of action is commenced in the identified forum within 60 days of the dismissal.

(e) An order denying a motion to dismiss under this section shall be immediately appealable, as a matter of right, upon filing of a notice of appeal in accordance with the Alabama Rules of Appellate Procedure.
Ala. Code § 6-5-332.6 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-332.6
Section 6-5-332.6 Persons Who Provide Transportation to Health Care Facility or Health Care Provider Under Certain Circumstances
Status: in_force

(a) A person who, in good faith, and not for compensation, provides an individual transportation to a health care facility or health care provider is not subject to civil liability for negligence claimed by the individual receiving the transportation, if the provider could not have reasonably anticipated the particular harm caused by the negligent act while acting in the line and scope of a volunteer in providing transportation, or the act or omission was not the result of the provider’s willful or wanton misconduct. The immunity provided in this subsection includes transportation from an individual’s residence.

(b) Acceptance by the transportation provider of a gratuitous contribution or donation made by the individual receiving transportation services does not constitute a waiver of immunity under this section.
Ala. Code § 6-6-78 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-78
Section 6-6-78 Order for Receipt of Sale Proceeds by Plaintiff Pending Action Upon Executing Refunding Bond; Notice of and Hearing on Motion Therefor; Forfeiture of Bond; Payment to Defendant
Status: in_force

(a) When property levied on under an attachment has been sold pending the action, on motion of the plaintiff, the judge of the court to which the attachment is returnable must, at any time after 30 days from the levy, make and cause to be entered upon the minutes of the court an order directing the officer having in his hands the proceeds of sale, after reserving an amount to be fixed in the order to cover the probable costs and charges in the case, to pay over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount of the plaintiff’s demand, to be stated in the order, upon his giving bond in double the amount of the money to be paid over, payable to the defendant with sufficient surety to be approved by such officer and with condition that if he is cast in the action, he will pay into court the amount so paid over to him, with interest, or if he recovers in the action, and the recovery is for a sum less than the amount so paid over to him, he will pay into court the excess, with interest. Upon the execution of such bond, such officer shall pay over to the plaintiff, or his attorney, the proceeds of sale as directed in the order. Such order shall not, however, be made if, upon the hearing of the motion or at any time prior thereto, a claim to the property levied on is interposed by any person not a party to the action, or the defendant denies under oath the existence of the plaintiff’s demand. Notice of such motion and of the time and place of hearing the same must be served on the defendant, or his attorney, 10 days before the hearing thereof or, if the defendant resides out of the state and has no attorney resident of the county, such notice must be given by publication in some newspaper published in the county once a week for three successive weeks.

(b) The officer taking such bond shall forthwith return the same to the clerk of the court in which the action is pending, with his endorsement thereon, showing how he has executed such order and specifying the amount paid over to the plaintiff, or his attorney, thereunder, and the date of such payment; and, if the plaintiff does not recover in the action or if he recovers and his recovery is for a less sum than the amount paid him under such order, and he fails for 30 days after the date of the entry of the judgment to pay into court the money required by the condition of his bond to be paid, the clerk shall endorse the bond forfeited and issue execution thereon against the obligors for the amount so paid to the plaintiff, or his attorney, as shown by the endorsement of the officer taking the bond, with interest from the date of such payment, if the plaintiff did not recover in the action or, if the plaintiff recovered and his recovery was for a less sum than the amount so paid, for the difference between the amount recovered and the amount received by him, with interest from the date of payment. If the plaintiff complies with the condition of the bond by paying the money into court, the same must be paid to the defendant.
Ala. Code § 6-5-641 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-641
Section 6-5-641 Certification of Classes
Status: in_force

(a) No class of civil litigants shall be certified or recognized by any court of the State of Alabama unless there shall have been compliance with the procedures for certification of the class set forth in this article.

(b) As soon as practicable after the commencement of an action in which claims or defenses are purported to be asserted on behalf of or against a class, or as soon as practicable after such assertions in an amended pleading, but in no event prior to the time allowed by law for each party (including, but not limited to, counterclaim, cross-claim, and third-party defendants) to file an answer or other pleading responsive to the complaint, counterclaim, cross-claim, or third-party claim, the court shall hold a conference among all named parties to the action for the purpose of establishing a schedule, in the same manner and to the same extent contemplated by Ala.R.Civ.P. 16, for any discovery in which the parties may wish to engage which is both (1) allowed by Ala.R.Civ.P. 26-37, and (2) germane to the issue of whether the requested class should or should not be certified. At this conference, the court may set a date for a hearing on the issue of class certification, but such hearing may not be set sooner than 90 days after the date on which the court issues its scheduling order pursuant to the conference unless a shorter time is agreed to by all parties.

(c) Upon motion of any party, the court shall, except for good cause shown and even then only if the interests of justice require that it not do so, stay all discovery directed solely to the merits of the claims or defenses in the action until the court shall have made its decision regarding certification of the class. In considering such a motion, the court shall consider whether any prejudice to the plaintiff exists because of the filing by the defendant of a Rule 56 motion for summary judgment prior to the court’s decision regarding class certification.

(d) The court shall, on motion of any party, hold a full evidentiary hearing on class certification. The hearing shall be recorded, and all named parties to the action shall be given notice of the date, time, and place of the hearing by written notification given to the party’s attorney (or if appearing pro se, to the party) no later than 60 days prior to the date set for the hearing. At the hearing, the parties shall be allowed to present, in the same manner as at trial, any admissible evidence in support of or in opposition to the certification of the class.

(e) When deciding whether a requested class is to be certified, the court shall determine, by employing a rigorous analysis, if the party or parties requesting class certification have proved its or their entitlement to class certification under Ala.R.Civ.P. 23. The burden of coming forward with such proof shall at all times be on the party or parties seeking certification, and if such proof shall not have been adduced, the court shall not order certification of the class. In making this determination, the court shall analyze all factors required by Ala.R.Civ.P. 23 for certification of a class and shall not order certification unless all such factors shall have been established. In announcing its determination, the court shall place in the record of the action a written order addressing all such factors and specifying the evidence, or lack of evidence, on which the court has based its decision with regard to whether each such factor has been established. In so doing, the court may treat a factor as having been established if all parties to the action have so stipulated on the record and if the court shall be satisfied that such factor could be proven to have been established.

(f) Nothing in this article shall affect, or be construed to affect, Ala.R.Civ.P. 12 or Ala.R.Civ.P. 56, including the provisions of Rule 56(f).
Ala. Code § 6-10-89 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-89
Section 6-10-89 Report of Appraisers or Commissioners - Proceedings When Report Set Aside
Status: in_force

If the report is set aside, the court must appoint three commissioners who shall allot and set apart such exemptions and report the same to the court under the provisions of this division, when the same proceedings may be had as on the report first made and so on until the exemptions are finally allowed.
Ala. Code § 6-11-3 — Alabama Code / Title 6 / Chapter 11 / Section 6-11-3
Section 6-11-3 Future Damages; Requirements If Damages Greater Than $150,000; Attorney’s Fees; Periodic Payments Over Period of Years; Specific Findings; Evidence of Financial Ability to Make Payments; Evidence of Present Value Inadmissible
Status: in_force

Where the damages assessed against a defendant by the trier of fact include an award of future damages, the trial court shall comply with the following in rendering its judgment in the case:

(1) Judgment shall be entered against the defendant for all past damages and punitive damages assessed against the defendant by the trier of fact.

(2) If the award of future damages assessed by the trier of fact is $150,000 or less, the trial court shall enter judgment against the defendants for the amount of such future damages.

(3) If the award of future damages assessed by the trier of fact is greater than $150,000, the trial court shall enter judgment as follows:

a. Judgment shall be entered against the defendant for $150,000 of such future damage.

b. If, as part of the plaintiff’s contract with his attorney, the plaintiff is obligated to pay his attorney a fee based on that portion of the award of future damages which exceeds $150,000, the court shall determine what portion of the award of future damages in excess of $150,000 is owed to the attorney under the contract and shall enter judgment for the remainder of the award of future damages in excess of $150,000 as provided in c, below. As to that portion of the award of future damages in excess of $150,000 which is owed to the plaintiff’s attorney, that portion shall be reduced to present value by the court and judgment shall be entered against the defendant for the reduced amount.

c.1. For that portion of a future damage award in excess of $150,000 and in excess of the attorney’s fee subject to b, judgment shall be entered requiring the defendant to pay that portion of such future damages by periodic payments over a period of years not to exceed such period of years as, according to the evidence offered during the trial of the case, such future damages may be incurred. In entering a judgment against the defendants ordering the payment of future damages by periodic payment, the trial court shall make a specific finding as to the dollar amount of periodic payments which will compensate the judgment creditor for such future damages as the same may be incurred, as determined from the evidence offered during the trial of the case. If, or to the extent that, the evidence offered at trial did not indicate the approximate time or time frame or both within which the future damages would be incurred, the trial court, for the purpose of determining the amount of periodic payments and the interval between such payments, shall conclusively presume that such damages will be incurred throughout the life expectancy of the judgment creditor on an equal periodic basis. The judgment ordering payment of future damages by periodic payments shall specify the recipient or recipients of the payments, the dollar amounts of the payments, the interval between payments, and the number of payments or period of time over which payments shall be made. The total amount of all periodic payments when added to the sum of $150,000 and when added to that portion of the future damages award, not reduced to present value, which was used to calculate the attorney’s fee in paragraph b, above, shall not exceed the total amount of future damages contained in the verdict of the trier of fact.

2. As a condition to authorizing periodic payments for future damages, the court must receive adequate assurance that the defendant can and will make all required payments. Such assurance may include the requirement that the defendant either have sufficient financial ability to make all required payments, post adequate bond, or other security, give evidence that there exists an insurance company, registered in this state, which is obligated to pay the judgment, or purchase an annuity of sufficient value to pay the future damages as structured, or any accelerated payments of those damages which might be required by this article. Nothing contained herein shall be construed as limiting the authority of the trial court to order a new trial, enter a judgment notwithstanding the verdict, or order a remittitur of damages. The provisions of this section shall also apply to any judgment following remittitur.

3. An award of future damages shall not be reduced to present value by the court, except as required in b above, and no interest is to be charged on said damages. Evidence of the present value of future damages is inadmissible in cases covered by this article, except at a hearing authorized by Section 6-11-5. If, however, the court determines that damages which should be structured pursuant to c above, cannot be structured due to the failure of the defendant to provide the financial assurances required in c 2 above, that portion of the future damage award shall be reduced to present value by the court prior to entry of judgment.
Ala. Code § 6-8-62 — Alabama Code / Title 6 / Chapter 8 / Section 6-8-62
Section 6-8-62 Timing and Duration of Publication; Internet Publication
Status: in_force

(a) When the notice is required to be given for a specified number of weeks, it must be given by consecutive weekly insertions for the number of weeks so specified. When the notice is of a proceeding to be had or of an act to be done on a specified day:

(1) If the publication is for one week, the insertion must be not less than six days before such day;

(2) If for two weeks, the first insertion must be at least 12 days before such day;

(3) If for three weeks, the first insertion must be at least 18 days before such day;

(4) If for four weeks, the first insertion must be at least 24 days before such day;

(5) If for five weeks, the first insertion must be at least 30 days before such day;

(6) If for six weeks, the first insertion must be at least 36 days before such day; and

(7) So on at the same rate of increase, the time to be computed as provided in Section 1-1-4.

(b) When the time is specified in days, two weeks’ notice is equal to 15 days’ notice; three weeks to 20 days; four weeks to 30 days; and six weeks to 40 days.

(c) A newspaper publishing a notice shall also place the notice on an Internet website operated by the newspaper, if the newspaper publishes a website, and on a statewide website established and maintained by an entity having the capacity and ability to receive and upload legal notices from the majority of newspapers in this state as a repository for the notices. Posting on the Internet shall begin on the first day of insertion and run continuously until the expiration of the specified time. All newspaper notices required pursuant to this section to be placed on the Internet shall remain valid for all purposes, and the legality of the newspaper publication shall not be affected by the failure of the newspaper for any reason to upload legal notice publications to a statewide website or to another Internet website or to accurately post the notice publication on any website.
Ala. Code § 6-8-85 — Alabama Code / Title 6 / Chapter 8 / Section 6-8-85
Section 6-8-85 Judgment for Defendant - Permissive Counterclaims
Status: in_force

If the debt or demand permissively counterclaimed exceeds the amount of the plaintiff’s demand, the amount of such excess being found by the jury or court trying the same, judgment must be entered against the plaintiff for costs and in favor of the defendant for such excess, and where there is more than one defendant and the debt or demand permissively counterclaimed belongs to only one defendant, then judgment for such excess must be entered in favor of such defendant for such excess.
Ala. Code § 6-5-482 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-482
Section 6-5-482 Limitation on Time for Commencement of Action
Status: in_force

(a) All actions against physicians, surgeons, dentists, medical institutions, or other health care providers for liability, error, mistake, or failure to cure, whether based on contract or tort, must be commenced within two years next after the act, or omission, or failure giving rise to the claim, and not afterwards; provided, that if the cause of action is not discovered and could not reasonably have been discovered within such period, then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier; provided further, that in no event may the action be commenced more than four years after such act; except, that an error, mistake, act, omission, or failure to cure giving rise to a claim which occurred before September 23, 1975, shall not in any event be barred until the expiration of one year from such date.

(b) Subsection (a) of this section shall be subject to all existing provisions of law relating to the computation of statutory periods of limitation for the commencement of actions, namely, Sections 6-2-1, 6-2-2, 6-2-3, 6-2-5, 6-2-6, 6-2-8, 6-2-9, 6-2-10, 6-2-13, 6-2-15, 6-2-16, 6-2-17, 6-2-30, and 6-2-39; provided, that notwithstanding any provisions of such sections, no action shall be commenced more than four years after the act, omission, or failure complained of; except, that in the case of a minor under four years of age, such minor shall have until his eighth birthday to commence such action.
Ala. Code § 6-5-794 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-794
Section 6-5-794 Liability of Health Care Provider for Damages, Injury, or Death Under Certain Health Emergency Claims
Status: in_force

(a) Absent wanton, reckless, willful, or intentional misconduct, a health care provider is not liable for any damages, injury, or death alleged to have been caused by an act or omission of the health care provider during the performance or provision of health care services or treatment that resulted from, was negatively affected by, was negatively impacted by a lack of resources caused by, or was done in response to the Coronavirus pandemic or the state’s response to the pandemic.

(b) If a court determines that the immunity afforded in this section does not apply to a health care provider, this section may not be construed to supersede, amend, or modify any other law, emergency proclamation, order, rule, or governing legal standards or procedures for health care providers relating to the performance or provision of health care services or treatment provided by the health care provider, including the Alabama Medical Liability Act of 1987 or the Medical Liability Act of 1996, or any amendment to or judicial interpretation thereof.

(c) In those instances where liability is established as required by subsection (a), and the acts or omissions do not result in serious physical injury, a health care provider’s liability shall be limited to actual economic compensatory damages, and in no event shall the health care provider be liable for noneconomic or punitive damages.
Ala. Code § 6-6-12 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-12
Section 6-6-12 Award - Proceedings When Not Performed; Force and Effect
Status: in_force

If the award is not performed in 10 days after notice and delivery of a copy thereof, the successful party may, if an action is pending, cause the award and the file of papers in the case to be returned to the court in which the action is pending or, if no action is pending, cause the submission and award to be returned to the clerk of the circuit court of the county in which the award is made. Such award has the force and effect of a judgment, upon which execution may issue as in other cases.
Ala. Code § 6-9-236 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-236
Section 6-9-236 Right of Action to Enforce Judgment Unimpaired
Status: in_force

The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this article remains unimpaired.
Ala. Code § 6-6-319 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-319
Section 6-6-319 Forms for Judgment, Restitution or Possession
Status: in_force

The following or similar forms may be used when appropriate in forcible entry and unlawful detainer proceedings; but they are not exclusive of other appropriate forms:

Judgment. A. B. v. C. D.

Came the parties on the ______ day of _____, and upon evidence I find the said C. D. guilty of the forcible entry and unlawful detainer (or, unlawful detainer) as complained against him by A. B., and I therefore order and adjudge that C. D. restore to A. B. the possession of the tract of land (or tenement) mentioned in the complaint: _____ (here designate the land or tenement), and pay the cost of this proceeding

Writ of Restitution or Possession. State of Alabama, County. ___________ To any lawful officer of said county:

You are hereby commanded to restore A. B. to possession (or place A. B. in possession) of the land and tenements (or, as the case may be) which A. B. recovered of C. D. in an action of forcible entry and detainer (or unlawful detainer) before me on the _____ day of _____, at _____ (here describe the land and tenements). You are further directed, of the goods and chattels, lands and tenements, of the said C. D., you cause to be made the sum of _____, which the said A. B. has recovered for his costs in that behalf expended.

Witness my hand, this the _______ day of ________
Ala. Code § 6-10-125 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-125
Section 6-10-125 Attachment - Proceedings When Waiver Not Sustained
Status: in_force

When such attachment is levied on property embraced in a declaration of claim of exemption which has been filed for record, or subsequent to the levy a claim to such property as exempt is interposed, if, on the trial, the averment of waiver is not sustained, the levy shall be discharged and the property returned to the defendant, unless the plaintiff, within five days after judgment, shall contest the claim. If such plaintiff should desire to contest, such contest may be instituted and prosecuted as in other cases.
Ala. Code § 6-5-2 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-2
Section 6-5-2 Right to Commence Actions - in Foreign Jurisdictions
Status: in_force

The Governor may, whenever the interests of the state may require, order and direct actions to be commenced in the name of the state in any foreign jurisdiction for the recovery of any moneys due or owing to the state or upon any claim or demand on which the state is entitled to commence an action; and, for the prosecution of such actions, he may employ counsel and may, for such sum as is necessary to pay the costs or expenses thereof, order the Comptroller to draw a warrant on the Treasury.
Ala. Code § 6-6-750 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-750
Section 6-6-750 Definitions
Status: in_force

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

(1) UNIT. Every county, city, town, district, or other political subdivision in the state of Alabama.

(2) OBLIGATIONS. Bonds, warrants, certificates of indebtedness, and notes of a unit, including bonds, warrants, certificates of indebtedness, and notes that are general obligations of the issuing unit and those that are payable solely from a specified source.

(3) DISTRICT ATTORNEY. The district attorney of the judicial circuit for the county or, if such has been appointed by the district attorney, an assistant district attorney who represents such county.
Ala. Code § 6-6-30 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-30
Section 6-6-30 Applicability of Article to Private Corporations
Status: in_force

The provisions of this article are applicable to all private corporations, and all affidavits or answers required to be made under any of its provisions may be made by the president, cashier, secretary, or any other duly authorized agent of such corporations; and such corporations may do and be dealt with under its provisions in the same manner as if they were natural persons.
Ala. Code § 6-6-45 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-45
Section 6-6-45 Execution of Bond by Plaintiff; Discharge of Levy
Status: in_force

Such officer must, when the attachment is sued out otherwise than upon the ground that the defendant is a nonresident, further require the plaintiff, his agent, or attorney to execute a bond in double the amount claimed, with sufficient surety, payable to the defendant, with the condition that the plaintiff will prosecute the attachment to effect and pay the defendant all such damages as he may sustain by the wrongful or vexatious suing out of such attachment. When the attachment is sued out upon the ground that the defendant is a nonresident, such officer shall issue the writ with or without a bond being given, as the plaintiff may elect. If such attachment is issued without bond, that fact must be endorsed on the writ. Should the defendant before the return day thereof, in person or through his agent or attorney, make an unqualified appearance in the case, it is the duty of the clerk to issue notice to the plaintiff or his attorney of the fact of such appearance. Unless, within five days after the service of such notice, the plaintiff shall make bond payable to the defendant in double the amount sued for, such levy shall be discharged.
Ala. Code § 6-5-30 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-30
Section 6-5-30 Right of Aggrieved Person to Commence Action
Status: in_force

For any breach of an official bond or undertaking of any officer of this state, executor, administrator, or guardian or of any bond or undertaking given in an official capacity to the state or any officer thereof, the person aggrieved may commence an action in his own name, assigning the appropriate breach.
Ala. Code § 6-6-681 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-681
Section 6-6-681 Judgment in Favor of Defendant
Status: in_force

Judgment must, in like manner, be entered in favor of the defendant in execution against the sheriff or coroner, on three days’ notice, in the following cases:

(1) For failure to pay over on demand any excess of money which may remain upon a sale under execution after satisfaction thereof and of the costs, for the amount of such excess and five percent per month after demand;

(2) For failing to return an execution wholly or partially satisfied, for 25 percent on the amount paid; and

(3) For failing to pay over on demand money paid or collected on an execution, the whole or any part of which is enjoined, for the amount so enjoined and five percent per month on the amount from the time of the demand.
Ala. Code § 6-2-13 — Alabama Code / Title 6 / Chapter 2 / Section 6-2-13
Section 6-2-13 Computation of Time - Contracts During War
Status: in_force

When the United States is at war with a foreign country and either party to a contract is a subject or citizen thereof, the time of the continuance of the war is not computed as part of the time limited for the commencement of an action.
Ala. Code § 6-6-594 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-594
Section 6-6-594 Joinder - Alleged Corporation as Party Defendant
Status: in_force

When the action is against persons acting as a corporation without being duly incorporated, the alleged corporation may be joined as a party defendant, and such joinder does not admit its corporate existence or otherwise prejudice the case of the plaintiff. A judgment and execution may go against it by its alleged corporate name, as in other cases.
Ala. Code § 6-6-286 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-286
Section 6-6-286 Proceedings Upon Defendant’s Suggestion of Adverse Possession
Status: in_force

(a) When an action is commenced to recover land or the possession thereof, the defendant may, at any time before the trial, suggest upon the record that he, and those whose possession he has, have, for three years next before the commencement of the action, had adverse possession thereof, which must be construed to mean the same character of possession as will put in operation the statute of limitations. In such case, if the jury finds for the plaintiff, it must also ascertain by its verdict whether such suggestion is true or false. If the jury finds it to be false, it must return a verdict for the damages as in ordinary cases. If the jury finds it to be true, it must assess the value, at the time of trial, of the permanent improvements made by the defendant, or those whose estate he has, and also ascertain by its verdict the value of the lands and of the use and occupation thereof, not including the increased value by reason of such improvements.

(b) If the value of the use and occupation as assessed exceeds the value of the permanent improvements made, judgment must be entered against the defendant for the excess. If the value of the improvements exceeds the value of the use and occupation, no writ of possession shall issue for one year after the entry of the judgment unless the plaintiff or his legal representative pays the defendant, or deposits with the clerk for him, the excess of the assessed value of the improvements over the value of the use and occupation. If the plaintiff or his legal representative neglects for the term of one year to pay such excess, and the defendant or his legal representative within three months after the expiration of the year pays to the plaintiff, or to the clerk for him, the value of the land and of the use and occupation thereof as assessed by the jury, the plaintiff is forever barred from his writ of possession and from commencing any action whatever against the defendant, his heirs or assigns to recover such land or the possession thereof.
Ala. Code § 6-10-86 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-86
Section 6-10-86 Report of Appraisers or Commissioners - Exceptions; Notice of Time Set for Hearing Thereon
Status: in_force

When any homestead or other exemption has been allotted or set apart by the appraisers or by commissioners, the personal representative, surviving spouse, minor child or children, or other person in interest feeling aggrieved may, within 30 days after the making of the report, file written exceptions thereto, stating the grounds of such exceptions. Thereupon the court must fix a day for the hearing of the exceptions, of which 10 days’ notice must be given by personal service, if the adverse parties reside in the state or, if they reside out of the state, by publication in some newspaper published in the county. If the exceptions are filed by the surviving spouse and minor child or children, or either, such notice must be served on the personal representative, but if filed by the personal representative or other person, the notice must be served on the surviving spouse, if there is one, or, if not and the minor children are over the age of 14 years, on them, but if they are under the age of 14 years, then on their guardian or, if there is none, on the person having the charge or custody of them. If there is no guardian, the court must appoint a guardian ad litem to represent such minor child or children.
Ala. Code § 6-5-621 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-621
Section 6-5-621 Definitions
Status: in_force

As used in this article, the following terms have the following meanings:

(1) DISPARAGEMENT. The dissemination to the public in any manner of false information that a perishable food product or commodity is not safe for human consumption. The information shall be deemed to be false if it is not based upon reasonable and reliable scientific inquiry, facts, or data.

(2) PERISHABLE FOOD PRODUCT OR COMMODITY. Any agricultural or aquacultural food product which is sold or distributed in a form that will perish or decay beyond marketability within a short period of time.
Ala. Code § 6-5-795 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-795
Section 6-5-795 Application of Article
Status: in_force

Nothing in this article shall be construed to preempt, remove, displace, repeal, or limit in any way any immunity, defense, or right that exists under existing law that would be applicable to any covered entity in a cause of action filed on or after March 13, 2020. This section confirms that the immunity provided by this article is in addition to and cumulative of any other immunity, defense, and right that exists under law.
Ala. Code § 6-5-682 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-682
Section 6-5-682 Limitations of Liability
Status: in_force

(a) Except as further limited in subsection (b), the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The corporation does not have any responsibility for successor asbestos-related liabilities in excess of this limitation.

(b) If the transferor had assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, the fair market value of the total assets of the prior transferor, determined as of the time of the earlier merger or consolidation, shall be substituted for the limitation set forth in subsection (a) for purposes of determining the limitation of liability of a corporation.
Ala. Code § 6-6-502 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-502
Section 6-6-502 Enjoining or Restraining Enforcement of Ordinance
Status: in_force

No temporary restraining order or preliminary injunction shall ever issue to any municipality of this state, its officers, agents, or employees, enjoining or restraining the enforcement of any ordinance of such municipality, whether valid or invalid, or any proceedings thereunder, until a time and place have been set for the hearing of the application for such temporary restraining order or preliminary injunction, and notice of such time and place, together with a copy of the complaint, has been served upon the mayor or other chief executive officer of such municipality at least 24 hours prior to the time set for such hearing.
Ala. Code § 6-5-148 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-148
Section 6-5-148 Closing Place Pending Final Decision - Release of Property on Bond
Status: in_force

The owner or owners of any real property or personal property closed or restrained, or to be closed or restrained, may appear at any time between the filing of the complaint and the hearing of the application for a permanent injunction, and, upon payment of all costs incurred and upon the filing of a bond payable to the state by the owner of the real property, with sureties or a surety company to be approved by the register or clerk in the full value of the property to be ascertained by the court or the judge, conditioned that such owner or owners will immediately abate the nuisance and prevent the same from being established or kept until the decision of the court or judge shall have been entered on the application for a permanent injunction, then, in that case, the court or judge, if satisfied of the good faith of the owner of the real property and of innocence on the part of any owner of the personal property of any knowledge of the use of such personal property as a nuisance and that with reasonable care and diligence such owner could not have known thereof, shall deliver such real or personal property, or both, to the respective owners thereof and cancel or refrain from issuing at the time of the hearing on the application for the injunction, as the case may be, any order or orders closing such real property or restraining the removal or interference with such personal property. The release of any personal property or real property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it may be subjected by law.
Ala. Code § 6-6-50 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-50
Section 6-6-50 Security for Costs by Nonresident or Foreign Corporation
Status: in_force

When an attachment is sued out in favor of a nonresident or a foreign corporation, security for the costs of the action may be taken and approved by the officer issuing the same or may be endorsed with his approval on the attachment.
Ala. Code § 6-5-680 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-680
Section 6-5-680 Definitions
Status: in_force

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

(1) ASBESTOS CLAIM. Any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including:

a. The health effects of exposure to asbestos, including any claim for:

1. Personal injury or death.

2. Mental or emotional injury.

3. Risk of disease or other injury.

4. The costs of medical monitoring or surveillance, to the extent these claims are recognized under state law.

b. Any claim made by or on behalf of a person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person.

c. Any claim for damage or loss caused by the installation, presence, or removal of asbestos.

(2) CORPORATION. A corporation for profit, including a domestic corporation organized under the laws of this state, or a foreign corporation organized under laws other than the laws of this state.

(3) SUCCESSOR. A corporation that assumes or incurs, or has assumed or incurred, successor asbestos-related liabilities.

(4) SUCCESSOR ASBESTOS-RELATED LIABILITIES. Any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, which are related in any way to asbestos claims and were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation, with or into another corporation, or which are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. The term includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under Section 6-5-682 were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this state or another jurisdiction.

(5) TRANSFEROR. A corporation from which successor asbestos-related liabilities are or were assumed or incurred.
Ala. Code § 6-6-781 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-781
Section 6-6-781 Definitions
Status: in_force

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

(1) AFFILIATE. a. With respect to an individual:

1. A companion of the individual;

2. A lineal ancestor or descendant, whether by blood or adoption, of either of the following:

(i) The individual.

(ii) A companion of the individual;

3. A companion of an ancestor or descendant described in subparagraph 2.;

4. A sibling, aunt, uncle, great aunt, great uncle, first cousin, niece, nephew, grandniece, or grandnephew of the individual, whether related by the whole or the half blood or adoption, or a companion of any of them; or

5. Any other individual occupying the residence of the individual.

b. With respect to a person other than an individual:

1. Another person that directly or indirectly controls, is controlled by, or is under common control with the person;

2. An officer, director, manager, member, partner, employee, or trustee or other fiduciary of the person; or

3. A companion of, or an individual occupying the residence of, an individual described in subparagraph 1. or 2.

(2) COMPANION. Includes, but is not limited to, the spouse or romantic partner of an individual.

(3) COURT. A circuit court of this state as well as a federal court exercising jurisdiction over claims arising under this article.

(4) DISCHARGE. The removal or termination of the receiver’s obligations to possess, manage, preserve, or administer the receivership property, or any combination of the foregoing.

(5) EXECUTORY CONTRACT. A contract, including a lease, under which each party has an unperformed obligation and the failure of a party to complete performance would constitute a material breach.

(6) GOVERNMENTAL UNIT. An office, department, division, bureau, board, commission, or other agency of this state or a subdivision of this state.

(7) INTERESTED PARTY. Any mortgagee, mortgagor, owner, professional engaged pursuant to Section 6-6-794, claimant pursuant to Section 6-6-799, or any person having an enforceable right or claim which may be affected by the proceeding. The term as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding.

(8) LIEN. An interest in property which secures payment or performance of an obligation.

(9) MORTGAGE. A record, however denominated, that creates or provides for a consensual lien on real property or rents, even if the record also creates or provides for a lien on personal property.

(10) MORTGAGEE. A person entitled to enforce an obligation secured by a mortgage.

(11) MORTGAGOR. A person that grants a mortgage or a successor in ownership of the real property described in the mortgage.

(12) OWNER. The person for whose property a receiver is appointed.

(13) PERSON. An individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(14) PROCEEDS. Any of the following property:

a. Whatever is acquired on the sale, lease, license, exchange, or other disposition of receivership property.

b. Whatever is collected on, or distributed on account of, receivership property.

c. Rights arising out of receivership property.

d. To the extent of the value of receivership property, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to, the property.

e. To the extent of the value of receivership property and to the extent payable to the owner or mortgagee, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to, the property.

(15) PROPERTY. All of a person’s right, title, and interest, both legal and equitable, in real and personal property, tangible and intangible, wherever located and however acquired. The term includes proceeds, products, offspring, rents, or profits of or from the property.

(16) RECEIVER. A person appointed by the court as the court’s agent, and subject to the court’s direction, to take possession of, manage, and if authorized by this article or court order, to transfer, sell, lease, license, exchange, collect, or otherwise dispose of receivership property.

(17) RECEIVERSHIP. A proceeding in which a receiver is appointed.

(18) RECEIVERSHIP PROPERTY. The property of an owner which is described in the order appointing a receiver or a subsequent order. The term includes any proceeds, products, offspring, rents, or profits of or from the property.

(19) RECORD. When used as a noun, information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form.

(20) RENTS. Any of the following:

a. Sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person.

b. Sums payable to a mortgagor under a policy of rental-interruption insurance covering real property.

c. Claims arising out of a default in the payment of sums payable for the right to possess or occupy real property of another person.

d. Sums payable to terminate an agreement to possess or occupy real property of another person.

e. Sums payable to a mortgagor for payment or reimbursement of expenses incurred in owning, operating, and maintaining real property or incurred in constructing or installing improvements on real property.

f. Other sums payable under an agreement relating to the real property of another person which constitute rents under the law of this state other than this article.

(21) SECURED OBLIGATION. An obligation the payment or performance of which is secured by a security agreement.

(22) SECURITY AGREEMENT. An agreement that creates or provides for a lien.

(23) SIGN. Either of the following, with present intent to authenticate or adopt a record:

a. To execute or adopt a tangible symbol.

b. To attach to or logically associate with the record an electronic sound, symbol, or process.

(24) STATE. A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Ala. Code § 6-11-1 — Alabama Code / Title 6 / Chapter 11 / Section 6-11-1
Section 6-11-1 Damages Assessed by Factfinder to Be Itemized; Future Damages Not to Be Reduced to Present Value
Status: in_force

In any civil action based upon tort and any action for personal injury based upon breach of warranty, except actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, the damages assessed by the factfinder shall be itemized as follows:

(1) Past damages.

(2) Future damages.

(3) Punitive damages.

The factfinder shall not reduce any future damages to present value. Where the court determines that any one or more of the above categories is not recoverable in the action, those categories shall be omitted from the itemization.
Ala. Code § 6-10-88 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-88
Section 6-10-88 Report of Appraisers or Commissioners - Hearing and Determination on Exceptions; Proceedings When Exemption of Personalty Excessive or Insufficient
Status: in_force

(a) On the day fixed for the hearing of such exceptions, an issue shall be made up under the direction of the court and the same shall be tried as other issues in the court are tried, the party excepting being the plaintiff on whom shall rest the burden of proof. On the hearing, the court may confirm or set aside the report, as the right may appear.

(b) But if the exceptions relate to the exemption of personal property and are based on the ground that it is excessive or insufficient, the court, if the exceptions are sustained, must not set aside the report, but shall ascertain the amount of such excess or insufficiency and, if excessive, shall order the restoration to the personal representative of property sufficient in value to cure the excess, describing the same, and shall enforce such order by a writ of restitution; but, if insufficient, the court shall order the personal representative to deliver to the party, or parties thereto entitled property sufficient to make up the deficiency, and the personal representative shall forthwith obey such order and report to the court the property so delivered by him and its value.
Ala. Code § 6-10-37 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-37
Section 6-10-37 Contest of Exemption Claim - Garnishment of Money, Choses in Action or Personal Property
Status: in_force

When money, choses in action or personal property are garnished and the defendant claims the same, or any part thereof, as exempt, he shall file his claim thereto in writing, verified by oath, in the court in which such proceedings are pending, accompanied by a statement setting forth the personal property, choses in action, and money and the location and value thereof, as required in the statement to be filed under the provisions of Section 6-10-29. Such claim the plaintiff, in person or by his agent or attorney, may contest as in cases of contest after declaration filed, and such contest shall be tried and determined as other contests of claims of exemptions are tried and determined. If the defendant has notice of the garnishment, the claim of exemption must be interposed before judgment of condemnation, but if not, such judgment shall not operate to impair or affect his claim of exemption. Notice of the garnishment must be in writing and may be given by the plaintiff or garnishee, but must be served by the sheriff at least five days before any judgment of condemnation. No claim for exemptions shall exceed the greater of the amounts authorized by the Constitution of 1901, as amended, or required by provisions of federal law.
Ala. Code § 6-5-466 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-466
Section 6-5-466 Revival in Case of Death of One or More Defendants Jointly Sued
Status: in_force

(a) The death of one or more defendants jointly sued does not, as to the defendant dying, abate a claim upon which an action has been filed if the claim survives; but such a claim may be revived against the proper representative of such defendant and such representative and the surviving defendant or defendants may be proceeded against jointly or severally, at the election of the plaintiff.

(b) Under this section, the judgment entered must be several, but against a personal representative, if he objects, judgment must not be entered until after the expiration of six months from the grant of letters testamentary or of administration.

(c) Under this section, the satisfaction of one judgment is, as to the plaintiff, a satisfaction of all, except as to costs; but if requested, the plaintiff must assign, without recourse on him, the judgment against a principal debtor to the party from whom satisfaction is received if such principal debtor was bound to the indemnity of such party.
Ala. Code § 6-9-230 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-230
Section 6-9-230 Short Title
Status: in_force

This article may be cited as the “Uniform Enforcement of Foreign Judgments Act.”
Ala. Code § 6-5-152 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-152
Section 6-5-152 Fees of Officers Selling Property, Etc
Status: in_force

For removing and selling the personal property and contents, the officer shall be entitled to charge and receive the same fees as he would for levying and selling like property on execution; and, for closing the place and keeping it closed, a reasonable fee shall be allowed by the court.
Ala. Code § 6-5-485 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-485
Section 6-5-485 Settlement of Disputes by Arbitration
Status: in_force

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

(b) Pursuant to the provisions of this section, the claimant shall select one competent and disinterested arbitrator, and the party or parties against whom the claim is made shall select one competent and disinterested arbitrator. The two arbitrators so named shall select a third arbitrator, or, if unable to agree thereon within 30 days, then, upon request of any party, such third arbitrator shall be selected by a judge of a court of record in the county in which the arbitration is pending. The arbitrators shall then hear and determine the question or questions so in dispute in accordance with the procedural rules established by the American Arbitration Association. The decision in writing of any two arbitrators shall be binding upon all parties. Each party shall pay fees of his own arbitrator, and split the expenses of the third. Arbitration shall be conducted in the county in which the claim arose. A judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
Ala. Code § 6-9-83 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-83
Section 6-9-83 Levy on Property of Principal First If Execution Against Sureties
Status: in_force

When execution issues against two or more persons, any of whom were sureties on the contract before the judgment, the sheriff must levy on the property of the principal first, if any can be found in the county, on the application of such surety; and he may require of the surety affidavit of the fact of suretyship, which he must file with the execution.
Ala. Code § 6-5-730 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-730
Section 6-5-730 Short Title
Status: in_force

This article may be cited as the “Commonsense Consumption Act.”
Ala. Code § 6-5-861 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-861
Section 6-5-861
Status: in_force

(a) For the purposes of this section, the term “sexual abuse” means any conduct that would constitute a criminal violation of Articles 4, 4A, 4B, 6, 6A, 8, or 11 of Chapter 6 of Title 13A, or any of the offenses listed in Section 15-20A-5, regardless of whether the conduct has led to a criminal charge, conviction, adjudication, or sentence.

(b)(1) Any provision of a nondisclosure agreement, confidentiality agreement, employment agreement, settlement agreement, or any other type of agreement that prohibits an individual or entity from disclosing an act of sexual abuse or facts related to an act of sexual abuse to another individual or entity is void and unenforceable.

(2) This subsection shall apply to any agreement entered into, executed, or amended on or after October 1, 2026, and shall apply solely to elements of an agreement related to the act of sexual abuse and shall not apply to other aspects of an agreement, including, but not limited to, compensation.
Ala. Code § 6-5-155.8 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-155.8
Section 6-5-155.8 Protection of Witnesses
Status: in_force

If proof of the existence of the drug-related nuisance depends, in whole or in part, upon the affidavits of witnesses who are not law enforcement officers, upon a showing of prior threats of violence or acts of violence by any defendant or other person using the property alleged to be a drug-related nuisance, the court may issue orders to protect those witnesses, including, but not limited to, nondisclosure of the name, address, or any other identifying information.
Ala. Code § 6-5-500 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-500
Section 6-5-500 Intent of Legislature; Legislative Findings
Status: in_force

It is the intent of the Legislature that a comprehensive system consisting of the time for commencement of actions, for discoverability of actions based upon insidious disease and the repose of actions shall be instituted in this state. The Legislature finds that in order to assure the rights of all persons, and to provide for the fair, orderly, and efficient administration of product liability actions in the courts of this state, a complete and unified approach to the time in which product liability actions may be brought and maintained is required. The Legislature finds that product liability actions and litigation have increased substantially, and the cost of such litigation has risen in recent years. The Legislature further finds that these increases are having an impact upon consumer prices, and upon the availability, cost, and use of product liability insurance, thus, affecting the availability of compensation for injured consumers. Therefore, it is the intent of the Legislature to provide a comprehensive time framework for the commencement and maintenance of all product liability actions brought in this state.
Ala. Code § 6-6-2 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-2
Section 6-6-2 Reference of Controversy When No Action Pending to Arbitrators
Status: in_force

When no action is pending, the parties to any controversy may refer the determination thereof to the decision of arbitrators to be chosen by themselves, and the award made pursuant to the provisions of this division must be entered up as the judgment of the proper court if the award is not performed.
Ala. Code § 6-10-95 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-95
Section 6-10-95 Reduced Homestead Incapable of Allotment - Sale - When Allowed
Status: in_force

The homestead of a decedent may be sold by order of the court having jurisdiction of the estate, on petition of executor or administrator, when the same, after being reduced to its lowest area, exceeds $6,000 in value and when it is necessary that the same be sold for the payment of debts because the remainder of the estate is insufficient to pay all debts and claims against the estate and the surviving spouse or minor children fail to pay the deficiency within 30 days after notice of said petition.
Ala. Code § 6-11-2 — Alabama Code / Title 6 / Chapter 11 / Section 6-11-2
Section 6-11-2 Definitions
Status: in_force

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

(1) PAST DAMAGES. Damages and losses suffered or incurred prior to the date of judgment.

(2) FUTURE DAMAGES. Damages and losses reasonably anticipated to be suffered or incurred following the date of judgment.

As used herein, the terms “plaintiff” and “defendant” shall include the singular and the plural.
Ala. Code § 6-5-1 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-1
Section 6-5-1 Right to Commence Actions - Generally
Status: in_force

(a) The state may commence an action in its own name and is entitled to all remedies provided for the enforcement of rights between individuals without giving bond or security or causing an affidavit to be made, though the same may be required as if the action were between private citizens.

(b) The district attorney of the circuit in which an action by the state is pending must attend to the same on the part of the state, and the Governor of the state may employ assistant counsel if he deems it necessary. The written direction of the Governor to the attorney of record is sufficient authority for commencing such an action, and the trial judge may determine the amount of compensation. If unsuccessful, the state is liable for costs as individual parties are.

(c) Actions commenced by the state are to be governed by the same rules as in actions between individuals.
Ala. Code § 6-6-546 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-546
Section 6-6-546 Commencement of Action by State
Status: in_force

The state may commence an action under the provisions of this division to quiet the title to any lands belonging to the state, any school lands or any lands belonging to any educational or charitable institution which is wholly or partially supported by the state, whether the state or owner of the legal title to such lands is in possession thereof or not.
Ala. Code § 6-5-624 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-624
Section 6-5-624 Limitation on Time for Commencement of Action
Status: in_force

Any civil action for damages for disparagement of perishable agricultural or aquacultural food products or commodities shall be commenced within one year after the cause of action accrues.
Ala. Code § 6-2-9 — Alabama Code / Title 6 / Chapter 2 / Section 6-2-9
Section 6-2-9 Suspension of Limitation - Claims Against Estates
Status: in_force

Where a claim against the estate of a decedent has been duly presented, the limitation for the commencement of an action thereon is suspended until the personal representative, heir, or devisee of such decedent shall, by notice in writing, dispute the validity of such claim in whole or in part.
Ala. Code § 6-2-41 — Alabama Code / Title 6 / Chapter 2 / Section 6-2-41
Section 6-2-41 Limitations on Claims to Charge Real Estate with Debts and Obligations of Decedent
Status: reserved

(a) The real estate of persons dying testate or intestate shall, as against the rights of mortgagees or purchasers for value from the heirs or devisees, be forever discharged from the payment of all legal and equitable debts and obligations unless the persons, including minors and insane persons, owning such debts or benefited by said obligations shall within the time allowed by law, but in no event more than two years from the death of the deceased, file in the probate court of the county where said property is located a verified claim showing the nature and amount of said debts and obligations.

(b) Wherever there has been no executor or administrator appointed, then the person owning said debt or benefited by said obligation must, within three months after filing said claim, cause letters testamentary or of administration to be issued and proceed to subject said land to said debts or obligations.

(c) This section shall not apply to any lien which is expressly created or reserved in any conveyance which may be duly recorded in the probate court or probate office in the county in which the land is situated so as to give notice of said conveyance, nor to any judgments recorded as authorized.
Ala. Code § 6-10-21 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-21
Section 6-10-21 Declaration of Claimed Exemptions - Recordation; Receipt; Certified Copies
Status: in_force

Such declarations of claims of exemptions shall be recorded in a separate book, kept for that purpose, and the probate judge, on request, shall give a receipt therefor and shall furnish a certified copy thereof, when requested, on payment of lawful fees therefor.
Ala. Code § 6-9-92 — Alabama Code / Title 6 / Chapter 9 / Section 6-9-92
Section 6-9-92 Sale of Levied Property - Notice to Plaintiff of Money Made
Status: in_force

When the money, or any part thereof, has been made on an execution, the officer must give the plaintiff, his agent or attorney personal notice thereof within 10 days thereafter, if resident in the county; if not resident in the county and he knows the residence of them, or either of them, such notice may be sent by mail through the postal service.
Ala. Code § 6-6-351 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-351
Section 6-6-351 Writs of Restitution or Possession - Suspension Upon Payment of Rent by Defendant
Status: in_force

(a) Notwithstanding any other provisions of law or of the Alabama Rules of Civil Procedure, in cases of forcible entry or unlawful detainer, an appeal to circuit court or to appellate court does not prevent the issue of a writ of restitution or possession unless the defendant pays to the clerk of the district court all rents called for under the terms of the lease, since the date of the filing of the action and continues to pay all rent that becomes due and payable under the terms of the lease as they become due, during the pendency of the appeal, and the sums are to be ascertained by the judge.

(b) If the defendant should fail to make any payments as they become due under subsection (a), the court shall issue a writ of restitution or possession and the plaintiff shall be placed in full possession of the premises.

(c) Upon disposition of the appeal, the court shall direct the clerk as to the disposition of the funds paid to the clerk pursuant to subsection (a).
Ala. Code § 6-5-530 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-530
Section 6-5-530 Liability for Damages
Status: in_force

(a) In any civil action for personal injury, death, or property damage caused by a product, regardless of the type of claims alleged or the theory of liability asserted, the plaintiff must prove, among other elements, that the defendant designed, manufactured, sold, or leased the particular product the use of which is alleged to have caused the injury on which the claim is based, and not a similar or equivalent product. Designers, manufacturers, sellers, or lessors of products not identified as having been used, ingested, or encountered by an allegedly injured party may not be held liable for any alleged injury. A person, firm, corporation, association, partnership, or other legal or business entity whose design is copied or otherwise used by a manufacturer without the designer’s express authorization is not subject to liability for personal injury, death, or property damage caused by the manufacturer’s product, even if use of the design is foreseeable.

(b) This section is not intended in any way to alter or affect any other principle of law, including those that apply under the Alabama Medical Liability Act, Section 6-5-540 et seq.; those that apply to successor entities, distributors, component manufacturers, or manufacturers who use component parts in assembling products for sale as complete units; or those that apply to the operation of a contract, including a licensing agreement.
Ala. Code § 6-11-24 — Alabama Code / Title 6 / Chapter 11 / Section 6-11-24
Section 6-11-24 No Presumption of Correctness to Apply to Damages on Appeal
Status: in_force

(a) On appeal, no presumption of correctness shall apply to the amount of punitive damages awarded.

(b) The appellate court shall independently reassess the nature, extent and economic impact of such an award and reduce or increase the award if appropriate in light of all the evidence.
Ala. Code § 6-3-1 — Alabama Code / Title 6 / Chapter 3 / Section 6-3-1
Section 6-3-1 Agreements Contrary to Article Void
Status: in_force

Any agreement or stipulation, verbal or written, whereby the venue prescribed in this article is proposed to be altered or changed so that actions may be commenced contrary to the provisions of this article, is void.
Ala. Code § 6-5-573 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-573
Section 6-5-573 Creation of One Form of Action Against Legal Service Providers
Status: in_force

There shall be only one form and cause of action against legal service providers in courts in the State of Alabama and it shall be known as the legal service liability action and shall have the meaning as defined herein.
Ala. Code § 6-5-704 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-704
Section 6-5-704 Claims by Noncontractual Third Parties
Status: in_force

The contractor shall bear no civil liability for any alleged property damage, personal injury, death, or other civil claims made by noncontractual third parties arising from the design decisions or professional engineering judgment, including decisions relating to the proper scope or inspection of the project, by the awarding authority. This section shall not apply to either of the following situations:

(1) The contractor contracts in whole or in part to design the project or to provide professional engineering services as to the design of the project.

(2) The contractor undertakes to provide design or professional engineering services as to the project.
Ala. Code § 6-6-185 — Alabama Code / Title 6 / Chapter 6 / Section 6-6-185
Section 6-6-185 Complaint for Discovery of Assets - Orders or Judgments; Appointment of Receiver
Status: in_force

If, from the answer, it appears that the defendant has property, real and personal, or an interest in property, real or personal, subject to the payment of debts, or has money, effects, or choses in action or an interest in moneys, effects, or choses in action subject to the payment of debts, whether such property, money, effects, or choses in action are within or without the state, the court must make all such orders or judgments as may be necessary and proper to reach and subject such property, moneys, effects, or choses in action and, for that purpose, may appoint a receiver with authority to demand, commence an action for and recover or otherwise to reduce to possession such property, moneys, effects, or choses in action and may require the debtor to make to such receiver all conveyances, assignments, or transfers which may be necessary and proper to enable him to receive or to commence an action for and recover such property.
Ala. Code § 6-4-3 — Alabama Code / Title 6 / Chapter 4 / Section 6-4-3
Section 6-4-3 Execution - Coroner or Special Coroner
Status: in_force

(a) When the office of sheriff is vacant and until his successor is qualified, when the sheriff is imprisoned or in cases in which the sheriff is a party, is interested or otherwise is incompetent to act, the summons must be directed to and executed by the coroner if such interest or cause appears on the face of the proceedings; and if such interest or cause does not appear on the face of the proceedings, the coroner must execute the summons, though directed to the sheriff, if the judge of probate, on proper showing by affidavit, directs the execution thereof by the coroner.

(b) When, in such cases, the coroner has not qualified or the office is vacant or when the coroner is absent from the county having no deputy therein, when the coroner is imprisoned or when he is a party to or interested in the action, the summons must be directed to and executed by a special coroner, to be appointed by the judge of probate.
Ala. Code § 6-5-252 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-252
Section 6-5-252 Demand for Statement of Debt and Lawful Charges by Person Entitled to Redeem
Status: in_force

Anyone desiring and entitled to redeem may make written demand of the purchaser or his or her transferees for a statement in writing of the debt and all lawful charges claimed by him or her, and the purchaser or their transferees shall, within 10 days after the written demand, furnish the person making the demand with a written, itemized statement of all lawful charges claimed by him or her. The redeeming party must then tender all lawful charges to the purchaser or his or her transferee. If the purchaser or his or her transferee fails to furnish a written, itemized statement of all lawful charges within 10 days after demand, he or she shall forfeit all claims or right to compensation for improvements, and the party so entitled to redeem may, on the expiration of the 10 days, file his or her complaint without a tender to enforce his or her rights under this article and file a lis pendens with the probate court.

Tender or suit shall be made or filed within 180 days from foreclosure for residential property on which a homestead exemption was claimed in the tax year during which the foreclosure occurred, or within one year from foreclosure for all other property.
Ala. Code § 6-5-214 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-214
Section 6-5-214 Action for Trespass by Person Having Bare Title
Status: in_force

The person having title to lands, if no one is in actual possession under the same title with him, may commence an action for trespass thereon; and if a tenant is in possession and the trespass is such as injures the freehold, the owner, a remainderman, or reversioner may maintain trespass.
Ala. Code § 6-5-552 — Alabama Code / Title 6 / Chapter 5 / Section 6-5-552
Section 6-5-552 Application
Status: in_force

This article applies to all actions against health care providers based on acts or omissions accruing after June 11, 1987, and as to such causes of action, shall supersede any inconsistent provision of law.
Ala. Code § 6-10-123 — Alabama Code / Title 6 / Chapter 10 / Section 6-10-123
Section 6-10-123 Enforcement in Action
Status: in_force

In any civil action, in which a waiver of the right of homestead or other exemption is sought to be enforced, the fact of waiver and its extent must be averred in the complaint or petition and by appropriate pleading may be controverted. If such averment is sustained, the fact of waiver and its extent must be declared in the judgment and endorsed on the execution or other process issued thereon. Such waiver shall extend to the costs of the action.