reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 11 - Circuit Courts. › Article 2 - Jurisdiction. › Section 12-11-30 - Generally.

Section 12-11-30
Generally.
(1) CIVIL. The circuit court shall have exclusive original jurisdiction of all civil actions in which the matter in controversy exceeds twenty thousand dollars ($20,000), exclusive of interest and costs, and shall exercise original jurisdiction concurrent with the district court in all civil actions in which the matter in controversy exceeds six thousand dollars ($6,000), exclusive of interest and costs.
(2) CRIMINAL. The circuit court shall have exclusive original jurisdiction of all felony prosecutions and of misdemeanor or ordinance violations which are lesser included offenses within a felony charge or which arise from the same incident as a felony charge; except, that the district court shall have concurrent jurisdiction with the circuit court to receive pleas of guilty in felony cases not punishable by sentence of death. The circuit court may, on conviction of a defendant, upon a showing of inability to make immediate payment of fine and costs, continue the case from time to time to permit the fine and costs to be paid.
(3) APPELLATE. The circuit court shall have appellate jurisdiction of civil, criminal, and juvenile cases in district court and prosecutions for ordinance violations in municipal courts, except in cases in which direct appeal to the Courts of Civil or Criminal Appeals is provided by law or rule. Appeals to the circuit court shall be tried de novo, with or without a jury, as provided by law.
(4) SUPERINTENDENCE OF DISTRICT, MUNICIPAL AND PROBATE COURTS. The circuit court shall exercise a general superintendence over all district courts, municipal courts, and probate courts.
(5) CONTEMPTS. The circuit court may punish contempts by fines not exceeding one hundred dollars ($100) and by imprisonment not exceeding five days. The power of the circuit court to enforce its orders and judgments by determinations of civil contempt shall be unaffected by this section.
(6) GENERAL. The circuit court shall have other powers as provided by law.
(Code 1852, §§381, 628; Code 1867, §§746, 3929; Code 1876, §§657, 4627; Code 1886, §§756, 4196; Code 1896, §§918, 4591; Code 1907, §§3255, 6694; Acts 1915, No. 539, p. 608; Code 1923, §§3799, 6676; Code 1940, T. 13, §126; Acts 1975, No. 1205, p. 2384, §2-104; Acts 1990, No. 90-382, p. 513, §1; Acts 1995, No. 95-606, p. 1278, §1; Acts 1996, No. 96-752, p. 1323, §1; Act 2015-224, p. 658, §1; Act 2019-405, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 11 - Circuit Courts. › Article 2 - Jurisdiction. › Section 12-11-31 - Equitable Jurisdiction.

Section 12-11-31
Equitable jurisdiction.
The powers and jurisdiction of circuit courts as to equitable matters or proceedings shall extend:
(1) To all civil actions in which a plain and adequate remedy is not provided in the other judicial tribunals.
(2) To all cases founded on a gambling consideration, so far as to sustain a petition for discovery and grant relief.
(3) To subject an equitable title or claim to real estate, and generally all equitable assets to the payment of debts.
(4) To such other cases as may be provided by law.
(5) To establish and define uncertain or disputed boundary lines, whether the complaint contains an independent equity or not.
(Code 1852, §602; Code 1867, §698; Code 1876, §616; Code 1886, §720; Code 1896, §638; Code 1907, §3052; Acts 1923, No. 589, p. 764; Code 1923, §6465; Code 1940, T. 13, p. 1323, §129.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 11 - Circuit Courts. › Article 2 - Jurisdiction. › Section 12-11-32 - Jurisdiction to Sell Property and Franchises of Public Utility Corporation.

Section 12-11-32
Jurisdiction to sell property and franchises of public utility corporation.
All circuit courts of this state are authorized and empowered to order the sale of the property and franchises of public utility corporations upon a civil action by a creditor or creditors having a judgment against such public utility corporations.
(Code 1907, §3053; Code 1923, §6466; Code 1940, T. 13, §130.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 11 - Circuit Courts. › Article 2 - Jurisdiction. › Section 12-11-33 - Cases of Which Circuit Courts Take Cognizance in Equitable Matters.

Section 12-11-33
Cases of which circuit courts take cognizance in equitable matters.
Circuit courts, when exercising equitable jurisdiction, must take cognizance of the following cases:
(1) When the defendants reside in this state.
(2) Against nonresidents, when the object of the action concerns an estate of, lien or charge upon lands or the disposition thereof, or any interest in, title to, or encumbrance on personal property within this state, or where the cause of action arose, or the act on which the civil action is founded was to have been performed in this state.
(3) In such other cases as such courts are by law required to take jurisdiction.
(Code 1852, §2872; Code 1867, §3321; Code 1876, §3753;Code 1886, §3414; Code 1896, §669; Code 1907, §3054; Code 1923, §6467; Code 1940, T. 13, §131.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 11 - Circuit Courts. › Article 2 - Jurisdiction. › Section 12-11-40 - Proceedings on Administration of Estates in Circuit Court.

Section 12-11-40
Proceedings on administration of estates in circuit court.
In the administration of estates in the circuit court in this state, such court, in the exercise of such jurisdiction, shall proceed according to the Alabama Rules of Civil Procedure and shall, where necessary, permit service by publication in the manner provided for publication in said rules, without regard to any of the statutory requirements provided for administration of estates in the probate court, and shall have power to appoint personal representatives in cases pending in the circuit court in cases of vacancy.
(Acts 1911, No. 536, p. 574; Code 1923, §6476; Code 1940, T. 13, §138.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 11 - Circuit Courts. › Article 2 - Jurisdiction. › Section 12-11-41 - Removal of Administration of Estates From Probate Court.

Section 12-11-41
Removal of administration of estates from probate court.
The administration of any estate may be removed from the probate court to the circuit court at any time before a final settlement thereof, by any heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed of any such estate, without assigning any special equity; and an order of removal must be made by the court, upon the filing of a sworn petition by any such heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed of any such estate, reciting that the petitioner is such heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed and that, in the opinion of the petitioner, such estate can be better administered in the circuit court than in the probate court.
(Acts 1915, No. 680, p. 738; Code 1923, §6478; Code 1940, T. 13, §139.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 11 - Circuit Courts. › Article 2 - Jurisdiction. › Section 12-11-41.1 - Transfer to Circuit Court; Remand to Probate Court.

Section 12-11-41.1
Transfer to circuit court; remand to probate court.
(a) In any county where the judge of probate is required to be learned in the law, the administration of any estate may be removed from the probate court to the circuit court pursuant to Section 12-11-41 at any time before a proceeding for final settlement thereof is commenced in probate court by any heir, devisee, legatee, distributee, executor, administrator, or administrator with the will annexed of the estate, without assigning any special equity. The circuit court shall remand the administration of an estate transferred pursuant to this section to the probate court if the circuit court finds that the removal was sought for the purpose of improper delay or did not comply with applicable law. The circuit court may remand the administration of an estate pursuant to this section to the probate court if the circuit court finds that any of the following apply:
(1) The circuit court has issued a final order or judgment on all contested matters pending before the circuit court in the administration of the estate and the time for an appeal of the order or judgment has expired without an appeal being filed or, if an appeal was filed, after the final adjudication of the appeal.
(2) All interested parties or their representatives request the estate administration be remanded to probate court.
(b) Nothing in subsection (a) shall prevent the administration of an estate from being removed again to the circuit court pursuant to Section 12-11-41 after the administration has been remanded to the probate court as provided above.
(Act 2011-528, p. 864, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 11 - Circuit Courts. › Article 3 - Correction of Errors in Probate Court. › Section 12-11-60 - Settlements of Estates.

Section 12-11-60
Settlements of estates.
(a) When any error of law or fact has occurred in the settlement of any estate of a decedent to the injury of any party, without any fault or neglect on his part, such party may correct such error by filing a complaint in the circuit court within two years after the final settlement thereof. The evidence filed in the probate court in relation to such settlement must be received as evidence in the circuit court, with such other evidence as may be adduced. A failure to appeal from the decree of the probate court shall not be held to be such fault or neglect as will bar the plaintiff the remedy herein provided.
(b) The limitations of subsection (a) of this section do not extend to infants or persons of unsound mind who are allowed two years after the termination of their respective disabilities, but in no case to exceed 20 years.
(c) Errors of law or fact in the settlement of accounts of guardians may be corrected in the circuit court according to the provisions of subsections (a) and (b) of this section.
(Code 1852, §§1915, 1916, 2041; Code 1867, §§2274, 2275, 2451; Code 1876, §§3837-3839; Code 1886, §§3536-3538; Code 1896, §§805-807; Code 1907, §§3914-3916; Code 1923, §§6482-6484; Code 1940, T. 13, §§145-147.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 11 - Circuit Courts. › Article 3 - Correction of Errors in Probate Court. › Section 12-11-61 - Irregular Sales of Lands Under Decrees of Probate Court May Be Confirmed.

Section 12-11-61
Irregular sales of lands under decrees of probate court may be confirmed.
Sales of lands made under a decree of the probate court, the parties in interest having had legal notice of the proceedings in which the decree was rendered, which are invalid because of errors, omissions or irregularities in the proceedings in the probate court, may be confirmed by a judgment of the circuit court if it is shown that the lands were sold for their full value, which has been fully paid to the party entitled to receive it.
(Code 1876, §§3840, 3841; Code 1886, §3539; Code 1896, §808; Code 1907, §3917; Code 1923, §6485; Code 1940, T. 13, §148.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 11A - Private Judge. › Section 12-11A-2 - Qualifications; Requirements.

Section 12-11A-2
Qualifications; requirements.
(a) Persons who may act as private judges shall:
(1) Have been, but are not actively serving as, a judge of a district, circuit, or probate court and have served in the capacity of judge for at least six consecutive years.
(2) Be admitted to the practice of law in Alabama.
(3) Be an active member in good standing of the Alabama State Bar Association.
(4) Be a resident of Alabama.
(b) A person may act as a judge of a case under this chapter only if all of the following occur:
(1) All parties to the action file a written petition with the circuit clerk of the court in which the action is pending requesting a private judge and naming the person whom the parties wish to have as private judge. The petition shall be accompanied by a form signed by the private judge selected consenting to the appointment.
(2) The case is one over which the court in which the former judge served would have had subject matter and monetary jurisdiction.
(3) The case is assigned a CV or DR case number by the Alabama Administrative Office of Courts.
(Act 2012-266, p. 514, §2; Act 2018-384, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 11A - Private Judge. › Section 12-11A-3 - Registration; Petition for Appointment.

Section 12-11A-3
Registration; petition for appointment.
(a) A former judge qualified under this chapter who wishes to serve as a private judge must register with the Director of the Alabama Center for Alternative Dispute Resolution. The director shall verify that the former judge is qualified to serve as a private judge and shall compile and periodically update a list of registered private judges. The list of registered private judges shall be made available by the center to the public and to all actively serving judges in the state. The center may charge private judges an annual registration fee.
(b) If the parties to an action wish to have the action heard before a private judge, all parties shall submit to the circuit clerk of the court in which the action is pending a written petition for the appointment of a private judge and consent to appointment from the private judge selected as described in subdivision (1) of subsection (b) of Section 12-11A-2.
(c) The clerk shall forward the petition to the presiding judge of the circuit in which the proceedings are pending who shall verify that the former judge is registered under this section and shall enter an order granting the petition and appointing the private judge selected by the parties.
(d) The petition for an appointment of a private judge in a proceeding may be filed contemporaneously with the filing of the action or any time after the action has been filed, but before the beginning of a trial.
(Act 2012-266, p. 514, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 11A - Private Judge. › Section 12-11A-4 - Trial Without Jury; Powers of Private Judge; Immunity; Procedures.

Section 12-11A-4
Trial without jury; powers of private judge; immunity; procedures.
(a) A trial conducted by a private judge shall be conducted without a jury.
(b) A person who serves as a private judge has, for each case the private judge hears, the same powers as the judge of a circuit court in relation to the following:
(1) Court procedure.
(2) Deciding the outcome of the case.
(3) Attendance of witnesses.
(4) Punishment of contempt.
(5) Enforcement of orders.
(6) Administering oaths.
(7) Giving all necessary certificates for the authentication of the records and proceedings.
(c) A person appointed as a private judge pursuant to the terms of this chapter shall have immunity in the same manner and to the same extent as a judge in the State of Alabama.
(d) All proceedings in an action heard by a private judge are of record and must be:
(1) Filed with the clerk of the circuit court in the county of proper venue under the Alabama Rules of Civil Procedure.
(2) Made available to the public in the same manner as circuit court records.
(e) The Alabama Rules of Civil Procedure shall apply for all actions brought before a private judge. The private judge shall maintain jurisdiction over all matters brought before him or her to the same extent as matters before a trial court, including all post-trial proceedings and subsequent proceedings between the same parties arising from the same case. An appeal from an action or a judgment of a private judge may be taken in the same manner as an appeal from the circuit court of the county where the case is filed.
(Act 2012-266, p. 514, §4; Act 2018-384, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 11A - Private Judge. › Section 12-11A-5 - Filing Fee.

Section 12-11A-5
Filing fee.
A filing fee of one hundred dollars ($100) shall be required with every petition to appoint a private judge. This one hundred dollar ($100) fee shall be distributed in equal parts to the Administrative Office of Courts and to the office of the clerk of the county in which the case being heard by the private judge is pending. Otherwise, costs in an action brought before a private judge shall be taxed and distributed in the same manner as costs in the circuit court of the county in which the case is filed.
(Act 2012-266, p. 514, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 11A - Private Judge. › Section 12-11A-6 - Services Provided by Circuit Court Clerk and Sheriff.

Section 12-11A-6
Services provided by circuit court clerk and sheriff.
(a) The clerk of the circuit court of the county in which the case is filed shall provide the same case management services as with any other case filed in the circuit clerk's office. The private judge hearing a case under this chapter shall have access to all pleadings, docket entries, and other filings as would a judge hearing the case.
(b) The sheriff of the county in which the case is filed shall provide such services related to service of process as for any other case filed in the county.
(Act 2012-266, p. 514, §6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 11A - Private Judge. › Section 12-11A-7 - Time and Place of Hearing; Notice.

Section 12-11A-7
Time and place of hearing; notice.
(a) A case heard by a private judge may be heard:
(1) At any time.
(2) At any place in Alabama.
(b) A private judge under this chapter shall provide to the clerk of the court in which the case was filed the dates, times, and places of any proceeding that could result in a judgment. The notice shall be provided to the clerk and entered in the clerk's records at least three days before the proceeding is conducted.
(Act 2012-266, p. 514, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 11A - Private Judge. › Section 12-11A-8 - Compensation.

Section 12-11A-8
Compensation.
Notwithstanding the Rules of Civil Procedure, a private judge may receive compensation for hearing a case in an amount and subject to the terms and conditions agreed to by the private judge and the parties to the case. A contract for the services of a private judge must provide for the payment of the judge's compensation by the parties, the compensation of all personnel, and the costs of all facilities and materials that are used in relation to the case and not otherwise covered.
(Act 2012-266, p. 514, §8.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 1 - General Provisions. › Section 12-12-1 - Establishment, Designation, etc.; Location of Sessions of District Courts; Abolition of Courts Not Authorized by Constitution.

Section 12-12-1
Establishment, designation, etc.; location of sessions of district courts; abolition of courts not authorized by Constitution.
(a) The district court of Alabama, a trial court of limited jurisdiction, is created and established, effective January 16, 1977, and shall be subdivided according to districts and styled the district court of the county. Persons elected or appointed to a district court judgeship must have been admitted to practice law in this state a combined total of four years or more, or admitted to practice law by any other state for a combined total of four years or more, prior to beginning a term of office or appointment to serve a vacant term of office. In addition, the person must not have received from any state or state bar association a suspension or disbarment within the 10 years preceding election or appointment.
(b) Sessions of the district court shall be held in each county seat, each municipality containing a population of 1,000 or more where no municipal court exists, to be restricted to municipal cases, and at other locations within counties in which geographical venue, as described in Section 12-12-36, lies in more than one place.
(c)(1) All courts which are not authorized by Article 6 of the Constitution shall retain their power through January 15, 1977, at which time they shall be abolished. Judgments of courts which cease to exist at the end of that day shall continue in effect, and the courts of the unified system are vested with jurisdiction to enforce such judgments.
(2) All cases then pending in courts which cease to exist shall be transferred to the appropriate district or circuit court. Cases which could be filed in district court under the provisions of this chapter shall be transferred to the district court; provided, that any case containing a demand for a jury trial filed before January 15, 1977, which could have been granted in the court where filed, shall be transferred to the appropriate circuit court.
(Acts 1975, No. 1205, p. 2384, §4-101; Act 2009-562, p. 1632, §1; Act 2019-539, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 1 - General Provisions. › Section 12-12-2 - District Court a Court of Record; Preparation, Maintenance, etc., of Records of Proceedings Generally; Employment of Reporters or Provision for Transcripts of Proceedings by Parties.

Section 12-12-2
District court a court of record; preparation, maintenance, etc., of records of proceedings generally; employment of reporters or provision for transcripts of proceedings by parties.
(a) The district court shall be a court of record.
(b) Records of proceedings shall be made, maintained and preserved according to rules promulgated by the supreme court, but neither reports nor transcripts of proceedings shall be required, except as provided by law or rule.
(c) Any party may employ a reporter or provide for a transcript of the proceedings on his own account.
(Acts 1975, No. 1205, p. 2384, §4-110.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 1 - General Provisions. › Section 12-12-3 - Trial of Cases.

Section 12-12-3
Trial of cases.
All cases in the district court shall be tried by the judge, who shall determine all issues of law and fact without a jury.
(Acts 1975, No. 1205, p. 2384, §4-109.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 1 - General Provisions. › Section 12-12-4 - Powers of Court as to Disposition of Criminal Cases Generally.

Section 12-12-4
Powers of court as to disposition of criminal cases generally.
In disposing of cases within its criminal jurisdiction, the district court may impose and suspend sentences, place criminal defendants on probation, remit fines and court costs and release defendants on personal recognizance in accordance with standards prescribed by law or rule; provided, that the court may enter an order authorizing the defendant to drive under the conditions set forth in the order.
(Acts 1975, No. 1205, p. 2384, §4-106.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 1 - General Provisions. › Section 12-12-5 - Continuation of Cases to Permit Payment of Fines and Costs.

Section 12-12-5
Continuation of cases to permit payment of fines and costs.
The district court may, on conviction of a defendant, upon a showing of inability to make immediate payment of fine and costs, continue the case from time to time to permit the fine and costs to be paid.
(Acts 1975, No. 1205, p. 2384, §4-106.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 1 - General Provisions. › Section 12-12-6 - Powers as to Punishment for Contempt.

Section 12-12-6
Powers as to punishment for contempt.
In all matters before the district court, the district court shall have and possess power to punish for contempts as heretofore or hereafter granted to the circuit court by law, in Section 12-11-30 or otherwise, and by the common law of this state.
(Acts 1975, No. 1205, p. 2384, §4-133.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 1 - General Provisions. › Section 12-12-7 - Issuance of Writs.

Section 12-12-7
Issuance of writs.
The district court may issue all writs necessary to preserve and enforce its jurisdiction and authority.
(Acts 1975, No. 1205, p. 2384, §4-112.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 1 - General Provisions. › Section 12-12-8 - District Attorney of Circuit Charged With Responsibility for District Court Prosecutions.

Section 12-12-8
District attorney of circuit charged with responsibility for district court prosecutions.
The district attorney of the circuit in which a district court is located shall have responsibility for prosecutions in the district court.
(Acts 1975, No. 1205, p. 2384, §4-131.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 1 - General Provisions. › Section 12-12-9 - Abolition of Office of County Solicitor and Performance of Functions Thereof by Assistant District Attorneys; Election by County Solicitors Serving Terms to Which Elected Prior to January 16, 1977, to Become Assistant District Attorneys for Duration of Terms.

Section 12-12-9
Abolition of office of county solicitor and performance of functions thereof by assistant district attorneys; election by county solicitors serving terms to which elected prior to January 16, 1977, to become assistant district attorneys for duration of terms.
On January 16, 1977, the functions of the position of county solicitor shall be performed by assistant district attorneys, and the office of county solicitor shall be abolished.
County solicitors serving terms to which they have been elected prior to January 16, 1977, may elect to become assistant district attorneys for the duration of their electoral terms without diminution of salary or expense payments.
(Acts 1975, No. 1205, p. 2384, §4-131.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 1 - General Provisions. › Section 12-12-10 - Supervision of District Courts by Presiding Circuit Judges.

Section 12-12-10
Supervision of district courts by presiding circuit judges.
The presiding judge of each circuit shall have general supervision of the administrative operation of the district courts within the circuit, subject to rules of the Supreme Court and the administrative authority of the Chief Justice.
(Acts 1975, No. 1205, p. 2384, §4-116.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 1 - General Provisions. › Section 12-12-11 - Applicability of Alabama Rules of Civil Procedure.

Section 12-12-11
Applicability of Alabama Rules of Civil Procedure.
The Alabama Rules of Civil Procedure shall be applicable to all civil actions brought in the district court, except as they are inconsistent with this chapter and except as the Supreme Court may otherwise provide by rule.
(Acts 1975, No. 1205, p. 2384, §4-108.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 2 - Jurisdiction Generally; Venue. › Section 12-12-30 - Civil Jurisdiction Generally.

Section 12-12-30
Civil jurisdiction generally.
The original civil jurisdiction of the district court of Alabama shall be uniform throughout the state, concurrent with the circuit court, except as otherwise provided, and shall include all civil actions in which the matter in controversy does not exceed twenty thousand dollars ($20,000), exclusive of interest and costs, and civil actions based on unlawful detainer; except, that the district court shall not exercise jurisdiction over any of the following matters:
(1) Actions seeking equitable relief other than:
a. Equitable questions arising in juvenile cases within the jurisdiction of the district court.
b. Equitable defenses asserted or compulsory counterclaims filed by any party in any civil action within the jurisdiction of the district court.
(2) Any actions enumerated in Rule 81 of the Alabama Rules of Civil Procedure other than any of the following:
a. Actions based in negligence against municipalities.
b. Actions seeking substitution of lost or destroyed records or instruments.
c. Summary motion proceedings.
d. Relieving disabilities of nonage.
(3) Actions seeking declaratory judgments.
(4) Appeals from probate or municipal courts.
(Acts 1975, No. 1205, p. 2384, §4-102; Acts 1995, No. 95-606, p. 1278, §1; Act 2019-405, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 2 - Jurisdiction Generally; Venue. › Section 12-12-31 - Small Claims Actions; Attorney Representation; When; Attorney Fees; Prosecution of Assigned Claims; License Required.

Section 12-12-31
Small claims actions; attorney representation; when; attorney fees; prosecution of assigned claims; license required.
(a) The district court shall exercise exclusive jurisdiction over all civil actions in which the matter in controversy, exclusive of interest and costs, does not exceed six thousand dollars ($6,000). These actions shall be placed on a small claims docket by each district court and shall be processed according to uniform rules of simplified civil procedure as may be promulgated by the Supreme Court.
(b) A party, including an individual, partnership, or corporation, may appear in cases on the small claims docket of district court with or without representation by an attorney. If a partnership appears without representation by an attorney, the person representing the partnership shall be a partner or employee of the partnership and if a corporation appears without representation by an attorney, the person representing the corporation shall be an officer or full-time employee of the corporation.
(c) No party shall seek or recover any judgment in a case on the small claims docket which includes an award of attorney fees unless the party is represented by a licensed attorney.
(d) No action shall be filed or prosecuted on the small claims docket by an assignee of the claim which is the subject matter of the action without being represented by a licensed attorney; nor shall any person, firm or corporation, excluding licensed attorneys, file or prosecute such an action on behalf of the original owner of the claim.
(e) No action may be filed or prosecuted on the small claims docket by any individual whose license to practice law, at the time of filing or prosecution, has been revoked, suspended, or otherwise impaired for disciplinary reasons by the Alabama Board of Bar Commissioners or the Alabama Supreme Court.
(f) Notwithstanding any other provision of law, the docket fee for cases on the small claims docket in which the matter in controversy exceeds one thousand five hundred dollars ($1,500) shall be the same as the docket fee set for cases in the district court that are not small claims cases.
(Code 1852, §602; Code 1867, §698; Code 1876, §616; Code 1886, §720; Code 1896, §638; Code 1907, §3052; Acts 1923, No. 589, p. 764; Code 1923, §6465; Code 1940, T. 13, §129; Acts 1990, No. 90-382, p. 513, §2; Acts 1996, No. 96-752, p. 1323, §1; Act 2015-224, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 2 - Jurisdiction Generally; Venue. › Section 12-12-32 - Criminal Jurisdiction Generally.

Section 12-12-32
Criminal jurisdiction generally.
(a) Misdemeanors. The district court shall have exclusive original trial jurisdiction over prosecutions of all offenses defined by law or ordinance as misdemeanors, except:
(1) Prosecutions by municipalities having municipal courts;
(2) Any such prosecution which also involves a felony offense which is within the exclusive jurisdiction of the circuit court, except as the district court is empowered to hold preliminary hearings with respect to felonies and to receive guilty pleas as provided in subsection (b) of this section; and
(3) Any misdemeanor for which an indictment has been returned by a grand jury.
(b) Felonies.
(1) The district court may exercise original jurisdiction concurrent with the circuit court to receive pleas of guilty in prosecutions of offenses defined by law as felonies not punishable by sentence of death.
(2) The district court shall have jurisdiction to hold preliminary hearings in prosecutions for felonies as provided for in Title 15 of this code.
(Acts 1975, No. 1205, p. 2384, §4-106.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 2 - Jurisdiction Generally; Venue. › Section 12-12-33 - Extradition Proceedings.

Section 12-12-33
Extradition proceedings.
The district court may exercise jurisdiction over proceedings relating to demands for extradition made by another jurisdiction pursuant to the laws of Alabama governing extradition.
(Acts 1975, No. 1205, p. 2384, §4-106.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 2 - Jurisdiction Generally; Venue. › Section 12-12-34 - Juvenile Jurisdiction.

Section 12-12-34
Juvenile jurisdiction.
Juvenile jurisdiction shall be exercised concurrently by the district court and the circuit court as provided by law.
(Acts 1975, No. 1205, p. 2384, §4-104.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 2 - Jurisdiction Generally; Venue. › Section 12-12-35 - Transfer of Adoption Proceedings to District Court From Probate Court; Maintenance of Records of Adoption Proceedings.

Section 12-12-35
Transfer of adoption proceedings to district court from probate court; maintenance of records of adoption proceedings.
(a) Adoption proceedings, primarily cognizable before the probate court, may be transferred to the district court on motion of a party to the proceeding in probate court.
(b) When adoption proceedings are transferred to the district court, a copy of the record of such proceedings shall be filed in the probate court, and the probate court offices shall maintain records of all adoption proceedings within their respective counties.
(Acts 1975, No. 1205, p. 2384, §4-105.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 2 - Jurisdiction Generally; Venue. › Section 12-12-36 - Venue Generally; Transfer of Actions Improperly Located; Designation of Additional Locations for Court Sites.

Section 12-12-36
Venue generally; transfer of actions improperly located; designation of additional locations for court sites.
(a) Venue in the district court lies in the county where venue would lie for civil or criminal actions brought in the circuit court, except that:
(1) In counties where venue has lain within an area of lesser geographic extent than the county for any categories of cases which were on December 18, 1973, within the jurisdiction of a court inferior to the circuit court, venue lies in such lesser geographic area; and
(2) Venue of prosecutions for violations of municipal ordinances shall be in the district court sitting in the municipality or, if none, the district court within the county and nearest to the municipality;
(b) If any action is filed in a court located where venue does not lie, any party may move to transfer the action to a location where venue may properly be laid.
(c) Additional locations for purposes of court sites may be designated by the Administrative Director of Courts to serve the best interest and administration of justice.
(Acts 1975, No. 1205, p. 2384, §4-107.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 2 - Jurisdiction Generally; Venue. › Section 12-12-37 - Removal of Action From District Court to Circuit Court Where Concurrent Jurisdiction.

Section 12-12-37
Removal of action from district court to circuit court where concurrent jurisdiction.
Any civil action brought in district court of which the circuit court has concurrent jurisdiction may be removed by a defendant or defendants to the circuit court of the county in which the action is pending. A defendant or defendants desiring to remove a case under this section shall file a notice of removal with the circuit court within 30 days after receipt, through service or otherwise, of a copy of the initial pleading. A case removed under this section shall not be subject to the jurisdictional damage limitations of district court. If a defendant or defendants requests removal of any civil action under this section, the circuit clerk shall remove the civil action to circuit court.
(Act 2019-405, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 3 - Traffic Offenses. › Section 12-12-50 - "Traffic Infraction" Defined.

Section 12-12-50
"Traffic infraction" defined.
A "traffic infraction" is any violation of a statute, ordinance or regulation relating to the operation or use of motor or other vehicles or the use of streets and highways by pedestrians.
(Acts 1975, No. 1205, p. 2384, §4-106.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 3 - Traffic Offenses. › Section 12-12-51 - District Court Jurisdiction of Misdemeanor Prosecutions for Traffic Infractions.

Section 12-12-51
District court jurisdiction of misdemeanor prosecutions for traffic infractions.
The district court shall have exclusive original jurisdiction of misdemeanor prosecutions for traffic infractions, except ordinance infractions prosecuted in municipal courts.
(Acts 1975, No. 1205, p. 2384, §4-106.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 3 - Traffic Offenses. › Section 12-12-52 - Receipt of Guilty Pleas in Traffic Infraction Prosecutions by Magistrates.

Section 12-12-52
Receipt of guilty pleas in traffic infraction prosecutions by magistrates.
Pursuant to the provisions of Section 12-17-251, magistrates may receive pleas of guilty in traffic infraction prosecutions, but may not receive pleas in matters involving:
(1) Violations resulting in personal injury;
(2) Operation of a motor vehicle while intoxicated;
(3) Reckless driving;
(4) Felonies or indictable offenses;
(5) Operation of motor vehicles without an operator's license or while the license is suspended or revoked; or
(6) A defendant convicted of two or more previous traffic offenses in the preceding 12 months.
(Acts 1975, No. 1205, p. 2384, §4-106.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 3 - Traffic Offenses. › Section 12-12-53 - Requirement of Use of Uniform Traffic Ticket and Complaint.

Section 12-12-53
Requirement of use of uniform traffic ticket and complaint.
(a) Every law enforcement agency in the state shall use traffic citations of the form known as the uniform traffic ticket and complaint, which shall be substantially uniform throughout the state and which shall be issued, except for an electronic traffic ticket or e-ticket, as defined in Section 32-1-4, in books with citations in no less than quadruplicate.
(b) The uniform traffic ticket and complaint shall be used in traffic cases where a complaint is made by a law enforcement officer or by any other person or an information is filed by the district attorney.
(Acts 1975, No. 1205, p. 2384, §4-106; Act 2006-579, p. 1522, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 3 - Traffic Offenses. › Section 12-12-54 - Accounting for Uniform Traffic Tickets and Complaints; Disposition of Forms; Records and Reports.

Section 12-12-54
Accounting for uniform traffic tickets and complaints; disposition of forms; records and reports.
The judge or judges and the clerk of the district court shall designate personnel to be responsible for accounting for all uniform traffic tickets and complaints issued to law enforcement officers or others in their jurisdiction and for the proper disposition of the forms and shall cause to be prepared records and reports relating to the uniform traffic tickets and complaints in the manner and at the time as may be prescribed by rule of the Supreme Court. In instances in which an electronic traffic ticket or e-ticket, as defined in Section 32-1-4, is used, the judges and the clerks of the district courts shall designate personnel to be responsible for accounting for all e-tickets received and issued by the court in the manner and at the time as may be prescribed by rule of the Supreme Court.
(Acts 1975, No. 1205, p. 2384, §4-106; Act 2006-579, p. 1522, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 3 - Traffic Offenses. › Section 12-12-55 - Establishment of Schedules of Fines for Traffic Infractions; Provision for Manner of Payment and Accounting for of Fines and Costs.

Section 12-12-55
Establishment of schedules of fines for traffic infractions; provision for manner of payment and accounting for of fines and costs.
Schedules of fines to be imposed for traffic infractions shall be established by law or rule.
The manner in which fines and costs shall be paid to and accounted for by personnel assigned to accept payment shall be provided by administrative rule.
(Acts 1975, No. 1205, p. 2384, §4-106.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 3 - Traffic Offenses. › Section 12-12-56 - Law Enforcement Officers, etc., Not to Dispose of Uniform Traffic Tickets or Complaints, etc., in Unauthorized Manner; Persons Soliciting, etc., Unauthorized Disposition, etc., of Uniform Traffic Ticket and Complaint Subject to Punishment for Criminal Contempt.

Section 12-12-56
Law enforcement officers, etc., not to dispose of uniform traffic tickets or complaints, etc., in unauthorized manner; persons soliciting, etc., unauthorized disposition, etc., of uniform traffic ticket and complaint subject to punishment for criminal contempt.
(a) No law enforcement officer or other officer or public employee shall dispose of a uniform traffic ticket and complaint or any portion thereof or the record of issuance thereof in a manner other than as required under rules or regulations promulgated pursuant to this subsection.
(b) Any person who solicits or aids in the disposition or attempted disposition of a uniform traffic ticket and complaint or any portion thereof in any unauthorized manner is subject to the criminal contempt power of the district or municipal court.
(Acts 1975, No. 1205, p. 2384, §4-106.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 4 - Appeals. › Section 12-12-71 - When Appeals Taken to Circuit Courts; Nature of Proceedings and Right to Jury Trial Upon Appeals to Circuit Courts.

Section 12-12-71
When appeals taken to circuit courts; nature of proceedings and right to jury trial upon appeals to circuit courts.
Except as provided in Section 12-12-72 and in subsection (e) of Section 12-15-120, all appeals from final judgments of the district court shall be to the circuit court for trial de novo.
An appellant shall not be entitled to a jury trial in circuit court unless it is demanded in the notice of appeal, and an appellee shall have no right to a jury trial unless written demand is filed in circuit court within 14 days of service upon him of notice of appeal.
(Acts 1975, No. 1205, p. 2384, §4-111.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 4 - Appeals. › Section 12-12-72 - When Appeals May Be Taken Directly to Appellate Courts.

Section 12-12-72
When appeals may be taken directly to appellate courts.
Appeals shall be directly to the appropriate appellate court if:
(1) An adequate record or stipulation of facts is available and the right to a jury trial is waived by all parties entitled thereto; or
(2) The parties stipulate that only questions of law are involved and the district court certifies the questions.
(Acts 1975, No. 1205, p. 2384, §4-111.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 12 - District Courts. › Article 4 - Appeals. › Section 12-12-73 - Bonds on Appeals.

Section 12-12-73
Bonds on appeals.
A supersedeas bond in twice the amount of the judgment shall be required of the appellant in any civil appeal to the circuit court. Upon the filing of such supersedeas bond and the timely filing of a notice of appeal, execution of the judgment shall be stayed pending final judgment on appeal.
(Acts 1975, No. 1205, p. 2384, §4-111.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 1 - General Provisions. › Section 12-13-1 - Jurisdiction Generally; Validity and Presumptions to Be Accorded to Judgments, Orders, etc., of Probate Courts.

Section 12-13-1
Jurisdiction generally; validity and presumptions to be accorded to judgments, orders, etc., of probate courts.
THIS SECTION WAS AMENDED BY ACT 2022-123 IN THE 2022 REGULAR SESSION, EFFECTIVE JUNE 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) The probate court shall have original and general jurisdiction as to all matters mentioned in this section and shall have original and general jurisdiction as to all other matters which may be conferred upon them by law, unless the law so conferring jurisdiction expressly makes the jurisdiction special or limited.
(b) The probate court shall have original and general jurisdiction over the following matters:
(1) The probate of wills.
(2) The granting of letters testamentary and of administration and the repeal or revocation of the same.
(3) All controversies in relation to the right of executorship or of administration.
(4) The settlement of accounts of executors and administrators.
(5) The sale and disposition of the real and personal property belonging to and the distribution of intestate's estates.
(6) The appointment and removal of guardians for minors and persons of unsound mind.
(7) All controversies as to the right of guardianship and the settlement of guardians' accounts.
(8) The allotment of dower in land in the cases provided by law.
(9) The partition of lands within their counties.
(10) The change of the name of any adult residing in their county, upon his or her filing a declaration in writing, signed by him or her, stating the name by which he or she is known and the name to which he or she wishes it to be changed.
(11) The change of the name of any minor residing in their county, upon the filing of a declaration in writing, signed by the parent or legal guardian of the minor, stating the name by which the minor is known and the name to which it is to be changed, along with the consent from all persons who have natural parental or legal rights of the minor. Consent of the minor is required if the minor is 14 or more years of age. This subdivision does not apply to a minor who is involved in a domestic relations matter that is pending in the circuit court or to a minor whose name is ordered by a court to be changed pursuant to the Uniform Parentage Act.
(12) Other cases as jurisdiction is or may be given to probate courts by law, to be exercised in the manner prescribed by law.
(c) The probate court and circuit court shall have concurrent original and general jurisdiction of any proceedings under Chapter 9 of Title 38.
(d) All orders, judgments, and decrees of probate courts shall be accorded the same validity and presumptions which are accorded to judgments and orders of other courts of general jurisdiction.
(Code 1852, §670; Code 1867, §790; Code 1876, §693; Code 1886, §787; Code 1896, §3363; Code 1907, §5419; Code 1923, §9579; Code 1940, T. 13, §278; Act 2022-123, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 13 - Probate Courts. › Article 1 - General Provisions. › Section 12-13-2 - Person in Federal Service and Spouse Thereof Who Die While Living Within State Deemed Resident of State and of County in Which Living for Purposes of Probate Jurisdiction.

Section 12-13-2
Person in federal service and spouse thereof who die while living within state deemed resident of state and of county in which living for purposes of probate jurisdiction.
Any person in any branch of service of the government of the United States of America, including those in the military, air and naval service, and the husband or wife of any such person, if he or she dies while living within the borders of the State of Alabama, shall be deemed prima facie to be a resident and inhabitant of the State of Alabama and of the county in which he or she was living at the time of his or her death for purposes of general probate jurisdiction, including the probation of his or her will and the granting of letters testamentary or of administration upon his or her estate.
(Acts 1955, No. 540, p. 1196.)