reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-154 - Violations Constituting Contempt; Proceedings Thereon.

Section 6-5-154
Violations constituting contempt; proceedings thereon.
(a) In case of the violation of any injunction or closing order granted under the provisions of this division or of any restraining order or the commission of any contempt of court in proceedings under this division, the court or the judge thereof may try and punish the offender. The proceedings shall be commenced by filing with the register or clerk of the court a complaint under oath setting out and alleging facts constituting such violation, upon which the court or judge shall cause a warrant to issue, under which the defendant shall be arrested; he may be released on bond, pending the hearing, to be fixed by the judge. The trial may be had upon affidavits or either party may demand the production and oral examination of witnesses.
(b) A party found guilty of contempt under the provisions of this section shall be punished by a fine of not less than $100 nor more than $200, or by imprisonment in the county jail not less than one nor more than three months, or by both such fine and imprisonment.
(Acts 1919, No. 53, p. 52; Code 1923, §9297; Code 1940, T. 7, §1108.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-155 - Legislative Findings and Declarations.

Section 6-5-155
Legislative findings and declarations.
The Legislature finds and declares the following:
(1) There is a drug crisis in the State of Alabama which is plaguing our neighborhoods and our housing and rental accommodations.
(2) Drugs have caused an increase in crime and violence and a deterioration in the habitability of housing and rental accommodations, as well as diminished property values.
(3) Currently there are inadequate incentives for property owners to take a more active role in preventing the use of their property for the manufacture, use, sale, storage, or distribution of drugs.
(Acts 1996, No. 96-566, p. 849, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-155.2 - Who May File Action to Abate, Enjoin, and Prevent Drug-Related Nuisance; Commencement of Action.

Section 6-5-155.2
Who may file action to abate, enjoin, and prevent drug-related nuisance; commencement of action.
Wherever there is reason to believe that a drug-related nuisance exists, the Attorney General, district attorney, the attorney for the county or municipality, a person residing in the county in which the property is located including a tenant of the property, or any community-based organization, may file an action in the circuit courts of this state to abate, enjoin, and prevent the drug-related nuisance. The actions shall be commenced by the filing of a complaint in circuit court of the county in which the nuisance is situated alleging the facts constituting the drug-related nuisance.
(Acts 1996, No. 96-566, p. 849, §3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-155.3 - Contents of Complaint; Supporting Affidavits.

Section 6-5-155.3
Contents of complaint; supporting affidavits.
(a) The complaint or an affidavit attached thereto shall describe the adverse impact associated with the drug-related nuisance upon the surrounding neighborhood. Adverse impact includes, without limitation, the presence of any one or more of the following conditions:
(1) Diminished property value.
(2) Increased fear of residents to walk through or in public areas, including sidewalks, streets, alleys, and parks.
(3) Increased volume of vehicular and pedestrian traffic to and from the property.
(4) An increase in the number of ambulance or police calls to the property which are related to the use of drugs, or to violence stemming from drug-related activity.
(5) Bothersome solicitors or approaches by strangers wishing to sell drugs, or the aggressive solicitation of alms, on or near the property.
(6) The display of dangerous weapons on or near the property.
(7) Investigative purchases of drugs by law enforcement officers on or near the property.
(8) Arrests of persons on or near the property.
(9) Housing code violations relating to the property.
(10) Health code violations relating to the property.
(11) Accumulation of trash and refuse in common areas on or adjacent to the property.
(12) Unsecured entryways on the property.
(13) Loitering.
(14) Unreasonable noise.
(15) Search warrants served or executed at the property.
(16) The number of complaints made to law enforcement and other government officials about the alleged illegal activity associated with the property.
(17) The discharge of a firearm at the property.
(18) Violations of zoning laws or regulations at the property.
(b) The complaint shall contain a description of attempts made by the plaintiff, or any other person or entity, to notify the owner of the property on which the drug-related nuisance is situated and the resulting adverse impact thereof. No complaint shall be filed unless there has been at least one notice to the owner of the alleged drug-related nuisance 21 days prior to the filing of the complaint. Notice shall be served on the owner in accordance with the Alabama Rules of Civil Procedure. If personal service can not be made, service may be made by posting the papers at the property.
(c) When an action is brought under this division by a private individual, the complaint shall be supported by at least five residents residing or owning real property within 1,000 feet of the premises alleged to be a drug-related nuisance. The support shall be in the form of an affidavit attesting to the fact that the residence of the affiant is within 1,000 feet of the alleged drug-related nuisance, and that the affiants have witnessed the alleged drug-related nuisance, and are aware of an adverse impact of the alleged drug-related nuisance.
(Acts 1996, No. 96-566, p. 849, §4.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-155.4 - Service of Summons and Complaint.

Section 6-5-155.4
Service of summons and complaint.
A copy of the summons and complaint shall be served upon the defendant at least five business days prior to the first hearing in the action. Service shall be made in accordance with the Alabama Rules of Civil Procedure. If personal service cannot be made, service may be made by posting the papers at the property. If service is made by posting papers to the property, a copy of the summons and complaint shall be mailed to the last known mailing address, if any, of the defendant.
(Acts 1996, No. 96-566, p. 849, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-155.5 - Motion for Preliminary Injunction; Consolidation of Trial With Hearing on Motion; Other Equitable Relief.

Section 6-5-155.5
Motion for preliminary injunction; consolidation of trial with hearing on motion; other equitable relief.
(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.
(Acts 1996, No. 96-566, p. 849, §6.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-155.6 - Issuance of Ex Parte Restraining Order; Service; Inventory of Property Relating to Nuisance; Violation of Order; Contempt of Court.

Section 6-5-155.6
Issuance of ex parte restraining order; service; inventory of property relating to nuisance; violation of order; contempt of court.
(a) The court, upon the application of the plaintiff, may issue an ex parte restraining order, restraining the defendant and all other persons from removing, or in any manner interfering with, the personal property and contents of the place where the drug-related nuisance is alleged to exist, until a decision of the court granting or refusing to grant a temporary injunction, or until further order of the court.
(b) The restraining order may be served by handing it to and leaving a copy of the order with any person appearing to reside therein, or by posting a copy thereof in a conspicuous place at or upon one or more of the principal doors or entrances to the place, or by both delivery and posting.
(c) The officer serving a restraining order shall forthwith attempt to make and return to the court an inventory of the personal property and contents situated in, and apparently used in, conducting or maintaining the drug-related nuisance. Any violation of the restraining order shall be a contempt of court, and where the order is posted, if it is removed or mutilated while it remains in force, is a contempt of court, provided that the posted order contains a notice to that effect.
(Acts 1996, No. 96-566, p. 849, §7.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-155.7 - Civil Penalty.

Section 6-5-155.7
Civil penalty.
In any action brought under this division, the complainants may request, and the court at its discretion may order a civil penalty of up to one thousand dollars ($1,000) for each day the nuisance exists, with the penalty payable to the general fund of the municipality in which the nuisance was located, or one-half to the state and one-half to the general fund of the county if situated outside the boundaries of a municipality.
(Acts 1996, No. 96-566, p. 849, §8.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-155.8 - Protection of Witnesses.

Section 6-5-155.8
Protection of witnesses.
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.
(Acts 1996, No. 96-566, p. 849, §9.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-155.9 - Previous Conviction Not Required.

Section 6-5-155.9
Previous conviction not required.
A previous conviction of the defendant, or anyone, shall not be required to demonstrate a drug-related nuisance.
(Acts 1996, No. 96-566, p. 849, §10.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-156 - Security Bond.

Section 6-5-156
Security bond.
No security bond shall be required to issue a preliminary injunction or temporary restraining order sought by the Attorney General, district attorney, or an attorney appearing for the county or municipality. Otherwise, at the discretion of the court, a security bond may be required to issue a preliminary injunction or temporary restraining order. Where relief is issued after an evidentiary hearing at which witnesses are subject to cross examination, the court shall not require a security bond in excess of one thousand dollars ($1,000).
(Acts 1996, No. 96-566, p. 849, §11.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-156.1 - Evidence of General Reputation of Property.

Section 6-5-156.1
Evidence of general reputation of property.
In an action brought under this division, evidence of the general reputation of the property of the defendant shall be admissible for the purpose of proving a drug-related nuisance, and for the purpose of proving the knowledge of the defendant of the drug-related nuisance.
(Acts 1996, No. 96-566, p. 849, §12.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-156.2 - Dismissal of Complaint Filed by Private Citizen; Prosecution by District Attorney or Prosecuting Attorney; Substitution of Complainant.

Section 6-5-156.2
Dismissal of complaint filed by private citizen; prosecution by district attorney or prosecuting attorney; substitution of complainant.
(a) If a complaint is filed by a private citizen, it may not be dismissed except upon a sworn statement by the complainant and his or her attorney, setting forth the reason why the action should be dismissed. A copy of the sworn statement shall be sent to the Attorney General and the district attorney at least seven days prior to its presentment to the court.
(b) If the court is of the opinion that the action should not be dismissed, it may direct the district attorney or prosecuting attorney to prosecute the action to judgment.
(c) Any citizen of the county in which the alleged drug-related nuisance is located, or an interested community-based organization, may be substituted for the complainant and prosecute the action to judgment.
(Acts 1996, No. 96-566, p. 849, §13.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-156.4 - Violation of Court Order; Additional Orders Necessary to Abatement; Suspension or Cancellation of Order.

Section 6-5-156.4
Violation of court order; additional orders necessary to abatement; suspension or cancellation of order.
(a) A violation of any court order issued pursuant to this division is punishable as a contempt of court by a fine of not less than five hundred dollars ($500) nor more than seventy-five thousand dollars ($75,000), or by imprisonment for not more than one year, or both. Evidence concerning the duration and repetitive nature of the violations shall be considered by the court in determining the penalty for contempt.
(b) Upon finding that a defendant has willfully violated an order issued pursuant to this division, the court may issue any additional orders necessary to abate the drug-related nuisance or to carry out the punishment for contempt.
(c) The court may suspend the effectiveness of an order of abatement for no more than 90 days if the owner of the property establishes that he or she had no knowledge of the drug-related nuisance, and could not reasonably be expected to have knowledge, and the owner avers under oath that he or she will immediately undertake specified measures to abate the nuisance for the following two-year period. An abatement order issued pursuant to this subsection may not be issued for the benefit of a defendant who has been found in contempt of court as part of the same action. An order issued pursuant to this subsection is a suspension and is not a withdrawal of the original order.
(d) The courts shall cancel the order of abatement if the owner of the property satisfies the court that the drug-related nuisance has been abated for the past 90 days, corrects all housing code and health code violations, and posts a bond in an amount to be determined by the court, which shall be immediately forfeitable if the drug-related nuisance recurs during the following two-year period.
(Acts 1996, No. 96-566, p. 849, §15.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-156.5 - Frivolous or Bad Faith Action.

Section 6-5-156.5
Frivolous or bad faith action.
If the action is brought by a private citizen and the court finds that the action was frivolous or motivated by bad faith, costs and attorney fees may be taxed to the person.
(Acts 1996, No. 96-566, p. 849, §16.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 4 - Obscene Nuisances. › Section 6-5-160 - Legislative Findings.

Section 6-5-160
Legislative findings.
The Legislature of Alabama finds and declares:
(1) That in order to protect children from exposure to obscenity, prevent assaults on the sensibilities of unwilling adults by the purveyor of obscene material, and suppress the proliferation of "adult-only video stores," "adult bookstores," "adult movie houses," and "adult-only entertainment," the sale and dissemination of obscene material should be regulated without impinging on the First Amendment rights of free speech by erecting barriers to the open display of erotic and lascivious material.
(2) That the premises in which a violation of Division 5, Article 4, Chapter 12, Title 13A occurs should be declared a public nuisance.
(Act 98-467, p. 893, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 4 - Obscene Nuisances. › Section 6-5-160.1 - Cause of Action for Public Nuisance.

Section 6-5-160.1
Cause of action for public nuisance.
It is hereby declared that the use of any premise to distribute obscene material to minors in violation of Division 5 (commencing with Section 13A-12-200.1), Article 4, Chapter 12, Title 13A is a public nuisance and the Attorney General, district attorney, or, when authorized by the local governing body, the attorney for the county or municipality may file an action in the circuit courts of this state to abate, enjoin, and prevent the nuisance. A county, by resolution, or a municipality, by ordinance, may authorize the filing of an action in the circuit court within their jurisdiction to abate, enjoin, and prevent the nuisance. The actions shall be commenced by the filing of a complaint alleging the facts constituting the nuisance in circuit court of the county in which the nuisance is situated.
(Act 98-467, p. 893, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 4 - Obscene Nuisances. › Section 6-5-160.2 - Security Bond for Preliminary Injunction, Etc.

Section 6-5-160.2
Security bond for preliminary injunction, etc.
No security bond shall be required to issue a preliminary injunction or temporary restraining order sought by the Attorney General, district attorney, or an attorney appearing for the county or municipality. At the discretion of the court, a security bond may be required to issue a preliminary injunction or temporary restraining order. Where relief is issued after an evidentiary hearing at which witnesses are subject to cross examination, the court may not require a security bond in excess of one thousand dollars ($1,000).
(Act 98-467, p. 893, §3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 4 - Obscene Nuisances. › Section 6-5-160.3 - Standards of Proof; Remedies; Enforcement.

Section 6-5-160.3
Standards of proof; remedies; enforcement.
(a) A plaintiff is required by a preponderance of the evidence to establish that a nuisance exists. The plaintiff is required by clear and convincing evidence to establish that the owner of the property who is not a resident or in actual possession of the property was criminally culpable in aiding and abetting the nuisance.
(b) If the existence of a nuisance is found, the judgment may include actual damages and an injunction to restrain, abate, and prevent the continuance or recurrence of the nuisance. The court may grant declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction or order and enforce the judgment or order.
(c) The court may retain jurisdiction of the case for the purpose of enforcing its orders.
(d) If a nuisance is found, the court shall have additional power to fashion any one or more of the following remedies:
(1) Assess damages against the defendant in favor of each plaintiff of not less than three hundred dollars ($300) nor more than ten thousand dollars ($10,000).
(2) Assess costs of the action against the defendant.
(3) Assess reasonable attorney's fees from the time of the filing of the complaint, payable to a private attorney filing the complaint or to the municipal, county, or state agency by which the prosecuting attorney is employed.
(4) When a government agency is a plaintiff in the action, assess a fine against the defendant of not less than five hundred dollars ($500) nor more than twenty thousand dollars ($20,000), in addition to attorney's fees. All fines shall be paid into the general fund of the county if the plaintiff is the county governing body or a county government agency.
(5) Suspend or revoke any business, housing, or operational license.
(Act 98-467, p. 893, §4.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 4 - Obscene Nuisances. › Section 6-5-160.4 - Violation, Suspension, Cancellation of Abatement Order.

Section 6-5-160.4
Violation, suspension, cancellation of abatement order.
(a) A violation of any court order issued pursuant to this division is punishable as a contempt of court by a fine of not less than five hundred dollars ($500) nor more than thirty thousand dollars ($30,000), or by imprisonment for not more than one year, or both. At least one-half of all fines collected as punishment for contempt shall be paid into the general fund of the county if the action against the defendant was commenced by the county governing body or a county government agency. Evidence concerning the duration and repetitive nature of the violations shall be considered by the court in determining the penalty for contempt.
(b) Upon finding that a defendant has willfully violated an order issued pursuant to this division, the court may issue any additional orders necessary to abate the nuisance or to carry out the punishment for contempt.
(c) The court may suspend the effectiveness of an order of abatement for no more than 90 days if the owner of the property establishes that he or she had no knowledge of the nuisance, and could not reasonably be expected to have knowledge, and the owner avers under oath that he or she will immediately undertake specified measures to abate the nuisance for the following two-year period. An abatement order issued pursuant to this subsection may not be issued for the benefit of a defendant who has been found in contempt of court as part of the same action. An order issued pursuant to this subsection is a suspension and is not a withdrawal of the original order.
(d) The courts shall cancel the order of abatement if the owner of the property satisfies the court that the nuisance has been abated for the past 90 days, and posts a bond in an amount to be determined by the court, which shall be immediately forfeitable if the nuisance recurs during the following two-year period.
(Act 98-467, p. 893, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 10 - False Imprisonment. › Section 6-5-170 - Definition.

Section 6-5-170
Definition.
False imprisonment consists in the unlawful detention of the person of another for any length of time whereby he is deprived of his personal liberty.
(Code 1907, §4238; Code 1923, §7967; Code 1940, T. 7, §962.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 11 - Defamation, Libel and Slander. › Section 6-5-180 - Import of Accusations of False Swearing or Commission of Crime.

Section 6-5-180
Import of accusations of false swearing or commission of crime.
Every accusation of false swearing presumptively imports a charge of perjury, and every accusation importing the commission of a crime punishable by indictment must be held presumptively to mean what the language used ordinarily imports.
(Code 1852, §2224; Code 1867, §2626; Code 1876, §2975; Code 1886, §2726; Code 1896, §1439; Code 1907, §3747; Code 1923, §7358; Code 1940, T. 7, §911.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 11 - Defamation, Libel and Slander. › Section 6-5-181 - Words Falsely Imputing Woman's Chastity Actionable.

Section 6-5-181
Words falsely imputing woman's chastity actionable.
Any words written, spoken, or printed of any woman falsely imputing to her a want of chastity are actionable without proof of special damages.
(Code 1852, §2220; Code 1867, §2622; Code 1876, §2971; Code 1886, §2727; Code 1896, §1440; Code 1907, §3748; Code 1923, §7359; Code 1940, T. 7, §912.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 11 - Defamation, Libel and Slander. › Section 6-5-182 - Libel or Slander - Burden of Proof.

Section 6-5-182
Libel or slander - Burden of proof.
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.
(Code 1923, §7357; Code 1940, T. 7, §910.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 11 - Defamation, Libel and Slander. › Section 6-5-183 - Libel or Slander - Mitigation of Damages - Evidence of Truth or Circumstances.

Section 6-5-183
Libel or slander - Mitigation of damages - Evidence of truth or circumstances.
In all actions of slander or libel, the truth of the words spoken or written or the circumstances under which they were spoken or written may be given in evidence under a general denial in mitigation of the damages.
(Code 1852, §2226; Code 1867, §2628; Code 1876, §2977; Code 1886, §2725; Code 1896, §1438; Code 1907, §3746; Code 1923, §7356; Code 1940, T. 7, §909.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 11 - Defamation, Libel and Slander. › Section 6-5-184 - Libel or Slander - Mitigation of Damages - Retraction.

Section 6-5-184
Libel or slander - Mitigation of damages - Retraction.
The defendant in an action of slander or libel may prove under a general denial in mitigation of damages that the charge was made in good faith by mistake or through inadvertence or misapprehension, and that he has retracted the charge in the same medium of publication as the charge was originally promulgated and in a prominent position therein.
(Code 1852, §2221; Code 1867, §2623; Code 1876, §2972; Code 1886, §2728; Code 1896, §1441; Code 1907, §3749; Code 1923, §7360; Code 1940, T. 7, §913.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 11 - Defamation, Libel and Slander. › Section 6-5-185 - Libel or Slander - Mitigation of Damages - When Only Actual Damages Recoverable.

Section 6-5-185
Libel or slander - Mitigation of damages - When only actual damages recoverable.
In an action of slander or libel, if a retraction as provided in Section 6-5-184 shall be published in such medium within 10 days of the date of the publication, then the plaintiff in such case shall recover only actual damages.
(Code 1907, §3751; Code 1923, §7362; Code 1940, T. 7, §915.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 11 - Defamation, Libel and Slander. › Section 6-5-186 - Prerequisites to Recovery of Vindictive or Punitive Damages in Action for Libel.

Section 6-5-186
Prerequisites to recovery of vindictive or punitive damages in action for libel.
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.
(Code 1907, §3750; Code 1923, §7361; Code 1940, T. 7, §914.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 11 - Defamation, Libel and Slander. › Section 6-5-187 - Truth of Charges Against Public Persons May Be Proved.

Section 6-5-187
Truth of charges against public persons may be proved.
In civil actions for the publication of papers investigating the official conduct of officers or persons in public capacity or when the matter published is proper for public information, the truth thereof may be given in evidence.
(Code 1852, §2225; Code 1867, §2627; Code 1876, §2976; Code 1886, §2724; Code 1896, §1437; Code 1907, §3745; Code 1923, §7355; Code 1940, T. 7, §908.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 11 - Defamation, Libel and Slander. › Section 6-5-188 - Effect of Retraction and Tender of Money.

Section 6-5-188
Effect of retraction and tender of money.
If the defendant, after or before an action is commenced, makes the retraction recited in Sections 6-5-184 through 6-5-186 and also tenders to the plaintiff a compensation in money, bringing the same into court, the plaintiff can recover no costs if the jury believes and finds the tender was sufficient.
(Code 1852, §2222; Code 1867, §2624; Code 1876, §2973; Code 1886, §2729; Code 1896, §1442; Code 1907, §3752; Code 1923, §7363; Code 1940, T. 7, §916.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 11 - Defamation, Libel and Slander. › Section 6-5-189 - Effect of Tender of Money.

Section 6-5-189
Effect of tender of money.
The receipt of money tendered before an action is commenced is a bar to the action and, if after an action is commenced, such releases the defendant from all damages and costs, except the costs which accrued before the tender and receipt of the money.
(Code 1852, §2223; Code 1867, §2625; Code 1876, §2974; Code 1886, §2730; Code 1896, §1443; Code 1907, §3753; Code 1923, §7364; Code 1940, T. 7, §917.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 12 - Adverse Possession. › Section 6-5-200 - When Title to Land Conferred or Defeated; When Claim May Be Defended or Prosecuted; Construction of Section.

Section 6-5-200
When title to land conferred or defeated; when claim may be defended or prosecuted; construction of section.
(a) Adverse possession cannot confer or defeat title to land unless:
(1) The party setting it up shall show that a deed or other color of title purporting to convey title to him has been duly recorded in the office of the judge of probate of the county in which the land lies for 10 years before the commencement of the action;
(2) He and those through whom he claims shall have annually listed the land for taxation in the proper county for 10 years prior to the commencement of the action if the land is subject to taxation; or
(3) He derives title by descent cast or devise from a predecessor in the title who was in possession of the land.
(b) If the period during which the party's deed or color of title has been on record, added to the time during which the deeds or color of title of those through whom he claims have been on record, amounts to 10 years, he may defend or prosecute on his adverse possession, and an inadvertent failure to list the land for taxation, any unintentional mistake in the description of the assessment or unintentional omission of any part of it from the assessment during the period of 10 years shall not bar the party of his action or defense on his adverse possession.
(c) This section shall not be construed to affect in any way a title perfect by adverse possession before the adoption of this Code, nor to deprive any person of his rights under Sections 6-6-286 through 6-6-289, nor to affect cases involving a question as to boundaries between coterminous owners.
(Code 1896, §§1541-1546; Code 1907, §2830; Code 1923, §6069; Code 1940, T. 7, §828.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13 - Real Property Actions Generally. › Section 6-5-210 - Rights Above and Below Surface.

Section 6-5-210
Rights above and below surface.
The owner of realty having title downwards and upwards indefinitely, any unlawful interference with his rights, below or above the surface alike, gives him a right of action.
(Code 1907, §2457; Code 1923, §5663; Code 1940, T. 7, §87.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13 - Real Property Actions Generally. › Section 6-5-211 - Slander of Title.

Section 6-5-211
Slander of title.
The owner of any estate in lands may commence an action for libelous or slanderous words falsely and maliciously impugning his title.
(Code 1907, §2459; Code 1923, §5665; Code 1940, T. 7, §89.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13 - Real Property Actions Generally. › Section 6-5-212 - Bare Right of Possession.

Section 6-5-212
Bare right of possession.
The bare right of possession to lands authorizes their recovery by the owner of such right and also damages for the withholding of the right.
(Code 1907, §2453; Code 1923, §5659; Code 1940, T. 7, §83.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13 - Real Property Actions Generally. › Section 6-5-213 - Bare Possession.

Section 6-5-213
Bare possession.
The bare possession of land authorizes the possessor to recover damages from any person who wrongfully, in any manner, interferes with such possession.
(Code 1907, §2454; Code 1923, §5660; Code 1940, T. 7, §84.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13 - Real Property Actions Generally. › Section 6-5-214 - Action for Trespass by Person Having Bare Title.

Section 6-5-214
Action for trespass by person having bare title.
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.
(Code 1907, §2455; Code 1923, §5661; Code 1940, T. 7, §85.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13 - Real Property Actions Generally. › Section 6-5-215 - When Possession Disputed.

Section 6-5-215
When possession disputed.
Where two persons claim to have actual possession of the same land, he is deemed in possession who has the legal title, and the other is a trespasser.
(Code 1907, §2456; Code 1923, §5662; Code 1940, T. 7, §86.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13 - Real Property Actions Generally. › Section 6-5-216 - Unlawful Interference With Right-of-Way.

Section 6-5-216
Unlawful interference with right-of-way.
The unlawful interference with the right-of-way, or of common, is a trespass to the party entitled thereto.
(Code 1907, §2458; Code 1923, §5664; Code 1940, T. 7, §88.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13 - Real Property Actions Generally. › Section 6-5-217 - Damages for Continuous Trespass.

Section 6-5-217
Damages for continuous trespass.
Damages for continuous trespass are limited to those which have occurred before and up to the trial. Subsequent damages flowing from a continuance of the trespass give a new cause of action.
(Code 1907, §2460; Code 1923, §5666; Code 1940, T. 7, §90.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13 - Real Property Actions Generally. › Section 6-5-218 - Rule of Prescription Regarding Damages Arising Out of Improvements to Real Property.

Section 6-5-218
Rule of prescription regarding damages arising out of improvements to real property.
(a) No action in tort, contract, or otherwise shall be commenced against any person performing or furnishing the design, planning, supervision, or observation of construction or the construction of an improvement to real property more than seven years after the substantial completion of such improvement for the recovery of damages for:
(1) Any deficiency in the design, planning, supervision, or observation of construction or construction of such an improvement; or
(2) Injury to real or personal property caused by any such deficiency; or
(3) Injury to or wrongful death of a person caused by any such deficiency.
(b) The prohibition provided in this section shall apply to any action commenced against a person for his own act, or failure to act, or for the act, or failure to act, of his employees; likewise, the prohibition contained in this section shall extend to every demand, whether commenced by direct action or for contribution or indemnity or by third-party practice and whether commenced by an owner of the subject improvement or by any other person.
(c) Where an action for damage for wrongful death or injury to a person or damages to property, caused by any deficiency in an improvement to real property, is commenced against a person in actual possession or control as owner, tenant, or otherwise of such improvement, the prohibition prescribed by this section shall not be a defense for such person.
(d) This section shall not be construed to extend any applicable statute of limitations or time for commencing civil actions against any person performing or furnishing the design, planning, supervision, or observation of construction or the construction of an improvement to real property.
(e) As used in this section, the word "person" shall mean an individual, partnership, corporation, association, or any other legal entity.
(Acts 1969, No. 788, p. 1418, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13A - Actions Against Architects, Contractors, Engineers. › Section 6-5-222 - Statute of Limitations - Computation of Period.

Section 6-5-222
Statute of limitations - Computation of period.
Section 6-5-221 shall be subject to all existing provisions of law relating to the computation of statutory periods of limitation for the commencement of actions, set forth in Sections 6-2-1, 6-2-2, 6-2-3, 6-2-5, 6-2-6, 6-2-8, 6-2-9, 6-2-10, 6-2-13, 6-2-15, 6-2-16, 6-2-17, 6-2-30 and 6-2-39(b), as amended. Notwithstanding any provisions of Section 6-2-8, no disability set forth in Section 6-2-8 shall extend the period of limitations set forth in Section 6-5-221 so as to allow such action to be commenced more than seven years after the cause of action accrues; provided further, that notwithstanding any provisions of such sections, no relief can be granted for any cause of action which accrued, and any right of action is barred which would have accrued, more than seven years after the substantial completion of construction of such improvement.
(Acts 1994, No. 94-138, p. 183, §3; Act 2011-519, p. 830, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13A - Actions Against Architects, Contractors, Engineers. › Section 6-5-223 - Applicability.

Section 6-5-223
Applicability.
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.
(Acts 1994, No. 94-138, p. 183, §4.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13A - Actions Against Architects, Contractors, Engineers. › Section 6-5-224 - Causes of Action Barred Under Existing Law.

Section 6-5-224
Causes of action barred under existing law.
This article shall not be construed to create any cause of action against, or impose any liability on, or revive any cause of action barred under existing law against any architects, engineers, or builders, or any licensed real estate brokers or salesmen, or any other persons.
(Acts 1994, No. 94-138, p. 183, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13A - Actions Against Architects, Contractors, Engineers. › Section 6-5-226 - Causes of Action Not Abrogated.

Section 6-5-226
Causes of action not abrogated.
Nothing contained in this article shall be construed to abrogate any cause of action for products liability, or for breach of warranty, or for violation of the Alabama Extended Manufacturer's Liability Doctrine, or bar any cause of action or right of action against any party other than an architect, engineer, or builder as defined in this article.
(Acts 1994, No. 94-138, p. 183, §7.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13A - Actions Against Architects, Contractors, Engineers. › Section 6-5-227 - Causes of Action for Breach of Written Express Warranty, Contract, or Indemnity Against Architects, Engineers, and Builders.

Section 6-5-227
Causes of action for breach of written express warranty, contract, or indemnity against architects, engineers, and builders.
Nothing contained in this article shall be construed to bar, prior to the expiration of a written express warranty, contract, or indemnity, causes of action or rights of action in contract against architects, engineers, and builders as defined in this article arising out of breach of contract for written express warranties, contracts, or indemnities which by the written terms thereof shall extend beyond the period of seven years after the substantial completion of construction of an improvement on or to the real property. Any written express warranty, contract, or indemnity for the purposes of an action in contract based upon the written express warranty, contract, or indemnity shall be enforceable for the period of time specified in writing, and all civil actions in contract arising out of the written express warranty, contract, or indemnity against any architect, engineer, or builder who gave the written express warranty, contract, or indemnity must be commenced within two years next after the cause of action accrues or arises, and not thereafter; and no relief can be granted and shall be barred on any cause of action which accrues after the expiration of the term or period of said written express warranty, contract, or indemnity.
(Acts 1994, No. 94-138, p. 183, §8; Act 2011-519, p. 830, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13A - Actions Against Architects, Contractors, Engineers. › Section 6-5-228 - Actions Relating to Sale or Disposition of Real Estate; Actions Against Persons Other Than Architects, Engineers, or Builders.

Section 6-5-228
Actions relating to sale or disposition of real estate; actions against persons other than architects, engineers, or builders.
Nothing contained in this article shall be construed as affecting any period of limitation for any cause of action arising out of or relating to the sale or disposition of real estate, or against any person other than architects, engineers, and builders as defined in this article.
(Acts 1994, No. 94-138, p. 183, §9.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 14A - Redemption of Real Estate. › Section 6-5-247 - Definitions.

Section 6-5-247
Definitions.
Unless the context otherwise requires, the words defined in this section shall have the following meanings when found in this article:
(1) SALE or SOLD. Any execution, judgment, or foreclosure sale, whether the sale is made under any power of sale in any mortgage or deed of trust or statutory power of sale, or by virtue of any judgment in any court of competent jurisdiction.
(2) MORTGAGE. Any mortgage, deed of trust, or any other instrument intended to secure the payment of money, such as an instrument which includes a vendor's lien.
(3) JUNIOR MORTGAGE. Any mortgage, deed of trust, or any other instrument intended to secure the payment of money by the transfer of an interest in real property, such as a conveyance which includes a vendor's lien, which are lower in priority than the foreclosed mortgage or lien.
(Acts 1988, No. 88-441, p. 647, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 14A - Redemption of Real Estate. › Section 6-5-248.1 - Application of Act 2015-79.

Section 6-5-248.1
Application of Act 2015-79.
(a) The amendments to Sections 6-5-248, 6-5-252, and 8-1-172, by Act 2015-79 are prospective and shall not apply to the following:
(1) Sales made under a power of sale contained in any mortgage or junior mortgage dated prior to January 1, 2016.
(2) Sales made pursuant to a statutory power of sale with respect to any mortgage or junior mortgage dated prior to January 1, 2016.
(3) Sales by virtue of a judgment rendered by a court prior to January 1, 2016.
(b) Except as provided in subsection (a), the amendments in Sections 6-5-248, 6-5-252, and 8-1-172 reducing the period during which a person is required to exercise the right of redemption or file his or her complaint shall apply to all sales of property foreclosed under a mortgage or sold by virtue of a judgment.
(Act 2015-79, §2.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 14A - Redemption of Real Estate. › Section 6-5-249 - Rights Under This Article Extended to Executors and Administrators.

Section 6-5-249
Rights under this article extended to executors and administrators.
(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.
(Acts 1988, No. 88-441, p. 647, §3.)