reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 5 - Fair Trial Tax. › Section 12-19-251 - Remittance Into Fair Trial Tax Fund.

Section 12-19-251
Remittance into Fair Trial Tax Fund.
When the fair trial tax is collected in circuit or district court, the clerk or register of the court, or the judge if there is no clerk or register, shall remit the receipts monthly to the State Treasury to be paid into a fund to be called the "Fair Trial Tax Fund."
(Acts 1965, 2nd Ex. Sess., No. 60, p. 85, §3; Acts 1971, No. 2421, p. 3853; Act 99-427, p. 759, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 5 - Fair Trial Tax. › Section 12-19-251.1 - Retention of Tax by Municipalities When Collected in Municipal Court; Disposition of Proceeds by Municipalities.

Section 12-19-251.1
Retention of tax by municipalities when collected in municipal court; disposition of proceeds by municipalities.
Notwithstanding the provisions of this article, when the "fair trial tax" levied and provided for in this article is collected, the clerk of the municipal court of each municipality which has retained its municipal court, instead of remitting the receipts from said tax into the State Treasury, shall pay such receipts into the general fund of the municipality. The governing body of such municipality shall use and expend so much of said funds as is necessary to defray the costs of providing representation of indigent defendants in their municipal court and after payment of such costs shall pay into the State Treasury any funds not used for such purpose. The governing body shall render an accounting of such funds to the State Treasurer on a monthly basis and the monthly report of such funds shall be filed with the State Treasurer on or before the twentieth day of the month following collection.
(Acts 1978, No. 617, p. 877.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 5 - Fair Trial Tax. › Section 12-19-252 - Annual Appropriations; Payment of Share of Cost of Maintaining Public Defender Offices by Counties.

Section 12-19-252
Annual appropriations; payment of share of cost of maintaining public defender offices by counties.
There is hereby appropriated from the Fair Trial Tax Fund, annually, such amount as may be necessary to pay the fees of counsel, court reporters, and such other necessary expenses of indigent defense as are provided by law.
There is also hereby appropriated from the Fair Trial Tax Fund, annually, such amount as may be necessary to pay to the Office of Indigent Defense Services, the salaries, benefits, and other necessary expenses involved in administering the Office of Indigent Defense Services.
In addition thereto, the Legislature shall appropriate annually out of the General Fund in the State Treasury a sum equal to the amount by which the cost of such necessary expenses of indigent defense, as provided by law, exceeds the amount available for such purpose in the Fair Trial Tax Fund.
If the county maintains a public defender, there shall be paid a reasonable share of the cost of maintaining such office, the amount appropriated for such purpose to be prorated to the several counties maintaining public defender's offices on the basis of the case load of the respective public defender offices.
(Acts 1963, No. 526, p. 1136, §11; Acts 1965, 2nd Ex. Sess., No. 60, p. 85, §4; Acts 1971, No. 2420, p. 3851; Acts 1971, No. 2421, p. 3853; Acts 1975, No. 1205, p. 2384, §16-149; Acts 1984, 1st Ex. Sess., No. 84-793, p. 198, §3; Act 2011-678, p. 1862, §6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 5 - Fair Trial Tax. › Section 12-19-253 - Expenditures From Fund Subject to Control and Approval of Governor.

Section 12-19-253
Expenditures from fund subject to control and approval of Governor.
(a) Expenditures from the Fair Trial Tax Fund shall be subject to the control and approval of the Governor.
(b) In his discretion the Governor may limit the payment of expenses incurred in one county or judicial circuit to revenues collected within such county or judicial circuit; and, by order, he may also prohibit the expenditure of funds outside of the county or judicial circuit wherein such funds are derived.
(Acts 1965, 2nd Ex. Sess., No. 60, p. 85, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 5 - Fair Trial Tax. › Section 12-19-254 - Disposition of Unexpended and Unencumbered Balance in Fund at Close of Fiscal Year.

Section 12-19-254
Disposition of unexpended and unencumbered balance in fund at close of fiscal year.
Any unexpended and unencumbered balance remaining in the Fair Trial Tax Fund at the close of the state fiscal year shall not revert to the General Fund of the state but shall be retained in the "Fair Trial Tax Fund" and may be used in future years for the payment of appointed counsel or maintenance of public defenders' offices.
(Acts 1965, 2nd Ex. Sess., No. 60, p. 85, §6; Acts 1971, No. 2421, p. 3853.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 6 - Litigation Accountability. › Section 12-19-271 - Definitions.

Section 12-19-271
Definitions.
The following words and phrases as used in this article, have the meaning ascribed to them in this section, unless the context clearly requires otherwise:
(1) WITHOUT SUBSTANTIAL JUSTIFICATION. The phrase "without substantial justification", when used with reference to any action, claim, defense or appeal, including without limitation any motion, means that such action, claim, defense or appeal (including any motion) is frivolous, groundless in fact or in law, or vexatious, or interposed for any improper purpose, including without limitation, to cause unnecessary delay or needless increase in the cost of litigation, as determined by the court.
(2) PERSON. Any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity or unincorporated association of persons.
(3) ACTION. Any suit, counterclaim, crossclaim or third party claim filed at law or in equity, including any claim therein asserted by one or more parties or against one or more parties in a multi-party action or suit, or an appeal thereof.
(4) DEFENSE. Any affirmative defense under Rule 8(c), Alabama Rules of Civil Procedure, filed in any action at law or in equity.
(Acts 1987, No. 87-186, p. 254, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 6 - Litigation Accountability. › Section 12-19-272 - Court to Award Fees and Costs Against Attorney or Party Who Brought Action Without Substantial Justification; Voluntary Dismissal.

Section 12-19-272
Court to award fees and costs against attorney or party who brought action without substantial justification; voluntary dismissal.
(a) Except as otherwise provided in this article, in any civil action commenced or appealed in any court of record in this state, the court shall award, as part of its judgment and in addition to any other costs otherwise assessed, reasonable attorneys' fees and costs against any attorney or party, or both, who has brought a civil action, or asserted a claim therein, or interposed a defense, that a court determines to be without substantial justification, either in whole or part;
(b) When a court determines reasonable attorneys' fees or costs should be assessed it shall assess the payment thereof against the offending attorneys or parties, or both, and in its discretion may allocate among them, as it determines most just, and may assess the full amount or any portion thereof to any offending attorney or party;
(c) The court shall assess attorneys' fees and costs against any party or attorney if the court, upon the motion of any party or on its own motion, finds that an attorney or party brought an action or any part thereof, or asserted any claim or defense therein, that is without substantial justification, or that the action or any part thereof, or any claim or defense therein, was interposed for delay or harassment, or if it finds that an attorney or party unnecessarily expanded the proceedings by other improper conduct including but not limited to abuses of discovery procedures available under the Alabama Rules of Civil Procedure;
(d) No attorneys' fees or costs shall be assessed if a voluntary dismissal is filed as to any action, claim or defense within 90 days after filing, or during any reasonable extension granted by the court, for good cause shown, on motion filed prior to the expiration of said 90 day period;
(e) No party, except an attorney licensed to practice law in this state, who is appearing without an attorney shall be assessed attorneys' fees unless the court finds that the party clearly knew or reasonably should have known that his action, claim or defense or any part thereof was without substantial justification.
(Acts 1987, No. 87-186, p. 254, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 6 - Litigation Accountability. › Section 12-19-273 - Court to Exercise Sound Discretion and Specifically Set Forth Reasons for Award; Factors to Be Considered.

Section 12-19-273
Court to exercise sound discretion and specifically set forth reasons for award; factors to be considered.
In determining the amount of an award of costs or attorneys' fees, the court shall exercise its sound discretion. When granting an award of costs and attorneys' fees, the court shall specifically set forth the reasons for such award and shall consider the following factors, among others, in determining whether to assess attorneys' fees and costs and the amount to be assessed:
(1) The extent to which any effort was made to determine the validity of any action, claim or defense before it was asserted;
(2) The extent of any effort made after the commencement of an action to reduce the number of claims being asserted or to dismiss claims that have been found not to be valid;
(3) The availability of facts to assist in determining the validity of an action, claim or defense;
(4) The relative financial position of the parties involved;
(5) Whether or not the action was prosecuted or defended, in whole or in part, in bad faith or for improper purpose;
(6) Whether or not issues of fact, determinative of the validity of a parties' claim or defense, were reasonably in conflict;
(7) The extent to which the party prevailed with respect to the amount of and number of claims or defenses in controversy;
(8) The extent to which any action, claim or defense was asserted by an attorney or party in a good faith attempt to establish a new theory of law in the state, which purpose was made known to the court at the time of filing;
(9) The amount or conditions of any offer of judgment or settlement in relation to the amount or conditions of the ultimate relief granted by the court;
(10) The extent to which a reasonable effort was made to determine prior to the time of filing of an action or claim that all parties sued or joined were proper parties owing a legally defined duty to any party or parties asserting the claim or action;
(11) The extent of any effort made after the commencement of an action to reduce the number of parties in the action; and
(12) The period of time available to the attorney for the party asserting any defense before such defense was interposed.
(Acts 1987, No. 87-186, p. 254, §4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 6 - Litigation Accountability. › Section 12-19-274 - Attorney's Fees Negotiated in Private; Court May Approve Stipulations.

Section 12-19-274
Attorney's fees negotiated in private; court may approve stipulations.
Nothing in this article shall be construed to prevent an attorney and his client from negotiating in private the actual fee which the client is to pay his attorney. Nothing in this article is intended to limit the authority of the court to approve written stipulations filed with the court or oral stipulations in open court agreeing to no award of attorneys' fees or costs or an award of attorneys' fees or costs in a manner different than that provided in this article.
(Acts 1987, No. 87-186, p. 254, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 6 - Litigation Accountability. › Section 12-19-275 - Application.

Section 12-19-275
Application.
This article shall apply to any suit or claim or defense or appeal filed subsequent to June 11, 1987. It shall also apply to any suit or claim or defense or appeal which has been filed prior to June 11, 1987, and which is not dismissed within 180 days of June 11, 1987.
(Acts 1987, No. 87-186, p. 254, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 6 - Litigation Accountability. › Section 12-19-276 - Provisions Cumulative.

Section 12-19-276
Provisions cumulative.
The provisions of this article are cumulative and in addition to the damages which may be awarded for a frivolous appeal pursuant to Rule 38, Alabama Rules of Appellate Procedure.
(Acts 1987, No. 87-186, p. 254, §8.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 8 - Judicial Administration Funds. › Section 12-19-312 - Disposition of Funds.

Section 12-19-312
Disposition of funds.
(a) The fee allocated to the Solicitor's Fund shall be expended for the payment of any and all expenses incurred by the district attorney in the discharge of the duties of the office or for any legitimate law enforcement purpose.
(b) The fee allocated for the court clerk's fund shall be expended at the discretion of the clerk, to support the functions of the office of the clerk.
(c) The fees allocated to the Sheriff's Fund, administered by the sheriff, shall be expended at the direction of the sheriff for the operation of the jail.
(d) The fees allocated to the Alabama Forensic Services Trust Fund shall be expended for the objective analysis of scientific evidence in pending criminal investigations.
(Act 2012-535, p. 1582, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 8 - Judicial Administration Funds. › Section 12-19-313 - Assessment of Fees.

Section 12-19-313
Assessment of fees.
If the charge against a defendant in a case is disposed of by a finding of not guilty, no bill, dismissal or nolle prosequi without conditions, the fees imposed in the case pursuant to paragraph b. of subdivision (1) of subsection (a) of Section 12-19-311 shall not be assessed. In all other cases wherein the charge against a defendant is disposed of by conviction, a finding of guilty, or dismissal or nolle prosequi upon conditions to pay costs and fees, the fees pursuant to paragraph b. of subdivision (1) of subsection (a) of Section 12-19-311 shall be assessed. If the defendant is admitted to a pretrial diversion program or to a specialty court program, the fee shall be assessed as with other court costs and fees.
(Act 2012-535, p. 1582, §4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 8 - Judicial Administration Funds. › Section 12-19-314 - Collection of Fees.

Section 12-19-314
Collection of fees.
All fees or fines imposed pursuant to this chapter shall be collected as provided for by the statute for other court ordered monies in this state.
(Act 2012-535, p. 1582, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 8 - Judicial Administration Funds. › Section 12-19-315 - Jurisdiction.

Section 12-19-315
Jurisdiction.
The court shall maintain jurisdiction to collect restitution, fees, fines, costs, and other court ordered monies beyond the termination of a defendant’s sentence or probation.
(Act 2012-535, p. 1582, §6.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 20 - Judicial and Other Public Records. › Article 1 - General Provisions. › Section 12-20-1 - Costs and Fees of Substitution.

Section 12-20-1
Costs and fees of substitution.
The cost of any proceedings for substitution under any of the provisions of this chapter shall be paid by the party applying for such substitution if there is no defense; and, if a defense is interposed, the costs are to be paid by the unsuccessful party; but in no case shall any officer be entitled to any fees in such proceedings if the loss or destruction of the paper or instrument sought to be substituted was caused by his neglect or fault.
(Code 1867, §650; Code 1876, §557; Code 1886, §662; Code 1896, §2651; Code 1907, §5743; Code 1923, §10136; Code 1940, T. 7, §12.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 20 - Judicial and Other Public Records. › Article 2 - Judicial Records. › Section 12-20-21 - Copying of Orders, etc., Into Final Record Not Required.

Section 12-20-21
Copying of orders, etc., into final record not required.
The orders, judgments and decrees entered upon the minutes of a court are parts of the record of the cases to which they pertain and need not be copied into the final record. If so copied, no fee shall be charged therefor.
(Code 1896, §2642; Code 1907, §5733; Code 1923, §10126; Code 1940, T. 7, §2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 20 - Judicial and Other Public Records. › Article 2 - Judicial Records. › Section 12-20-22 - Original Pleadings, etc., or Copies Thereof Final Record in Civil Actions.

Section 12-20-22
Original pleadings, etc., or copies thereof final record in civil actions.
The original pleadings, motions or other papers in civil actions, the original process issued thereon and all affidavits and bonds taken in a court may be used and, if so used, shall stand as the final record. If said original pleadings, motions or other papers, process, affidavits or bonds should be lost, mislaid, destroyed or mutilated, a copy of such shall stand in the place and have the force and effect of the original.
(Code 1876, §562; Code 1886, §653; Code 1896, §2644; Code 1907, §5736; Code 1923, §10129; Acts 1939, No. 390, p. 514; Code 1940, T. 7, §5; Acts 1949, No. 125, p. 150; Acts 1971, No. 1510, p. 2595.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 20 - Judicial and Other Public Records. › Article 2 - Judicial Records. › Section 12-20-23 - Preserving Judgment Records of Abolished Inferior Courts of Record.

Section 12-20-23
Preserving judgment records of abolished inferior courts of record.
The records of the judgments of any inferior court of record which heretofore ceased or hereafter ceases to exist is confided to the clerk of the circuit court of the county in which such court held its sessions. Such clerk shall preserve said records as a part of the records of his office, and he must issue any and all necessary processes for putting such judgments into execution.
(Code 1907, §5735; Code 1923, §10128; Code 1940, T. 7, §4.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 20 - Judicial and Other Public Records. › Article 2 - Judicial Records. › Section 12-20-24 - Removal of Court Records or Papers.

Section 12-20-24
Removal of court records or papers.
No records or papers of any court shall be removed out of the county, except in cases of invasion or insurrection whereby the same may be endangered, unless by order of the court; provided, that any noncurrent records or papers may be deposited in the Department of Archives and History at the discretion of the judge or clerk of said court.
(Code 1852, §564; Code 1867, §640; Code 1876, §545; Code 1886, §651; Code 1896, §2643; Code 1907, §5734; Code 1923, §10127; Code 1940, T. 7, §3; Acts 1945, No. 291, p. 482.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 20 - Judicial and Other Public Records. › Article 2 - Judicial Records. › Section 12-20-25 - Taking File in Pending Action From Office of Clerk, Etc.

Section 12-20-25
Taking file in pending action from office of clerk, etc.
The file pertaining to a pending action shall not be taken from the office of the clerk, register or probate judge except by an attorney of record of a party to the action upon a receipt in writing signed by such attorney, stating the number and title of the case and the papers contained in the file. If any of such papers are lost, mislaid, destroyed or mutilated before a return of the file and a surrender of the receipt, the costs of substituting them must be paid by the attorney taking them.
(Code 1876, §§562, 565; Code 1886, §654; Code 1896, §2646; Code 1907, §5738; Code 1923, §10131; Code 1940, T. 7, §7.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 20 - Judicial and Other Public Records. › Article 2 - Judicial Records. › Section 12-20-26 - Substitution of Lost, etc., Papers or Records in Civil Cases - Inherent Power of Courts.

Section 12-20-26
Substitution of lost, etc., papers or records in civil cases - Inherent power of courts.
All courts have the inherent power, if original papers or records pertaining to matters of civil jurisdiction or to civil actions which are pending or which have been determined are lost, mislaid, destroyed or mutilated, to cause a substitution thereof, and the substituted paper or record is of equal validity with the original.
(Code 1867, §§648, 649; Code 1876, §555; Code 1886, §656; Code 1896, §2647; Code 1907, §5739; Code 1923, §10132; Code 1940, T. 7, §8.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 20 - Judicial and Other Public Records. › Article 2 - Judicial Records. › Section 12-20-27 - Substitution of Lost, etc., Papers or Records in Civil Cases - How Made - Generally.

Section 12-20-27
Substitution of lost, etc., papers or records in civil cases - How made - Generally.
When original papers in civil actions have been lost, mislaid, destroyed or mutilated, a court may cause a substitution thereof to be made by directing the attorneys representing the parties therein to file a copy thereof with the clerk or register of the court.
(Code 1896, §2645; Code 1907, §5737; Code 1923, §10130; Code 1940, T. 7, §6; Acts 1971, No. 1510, p. 2595.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 20 - Judicial and Other Public Records. › Article 2 - Judicial Records. › Section 12-20-28 - Substitution of Lost, etc., Papers or Records in Civil Cases - How Made - in Pending Action or Proceeding.

Section 12-20-28
Substitution of lost, etc., papers or records in civil cases - How made - In pending action or proceeding.
If the action or proceeding in which the substitution of a lost, mislaid, destroyed or mutilated original paper is proposed is pending and undetermined, the substitution must be made on notice of not less than one day to the adverse party or his attorney of record, if he has such an attorney, accompanied with a copy of the paper offered in substitution; but, if such adverse party or his attorney of record does not reside in the county, notice may be given by the filing of the paper and the entry of a motion to substitute, or the filing of such motion, for one day prior to the making thereof. On the hearing of such motion, affidavits and counter affidavits may be received as to the correctness of the proposed substitute.
(Code 1886, §657; Code 1896, §2648; Code 1907, §5740; Code 1923, §10133; Code 1940, T. 7, §9.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 20 - Judicial and Other Public Records. › Article 2 - Judicial Records. › Section 12-20-29 - Substitution of Lost, etc., Papers or Records in Civil Cases - How Made - After Determination of Action or Proceeding.

Section 12-20-29
Substitution of lost, etc., papers or records in civil cases - How made - After determination of action or proceeding.
If, after the determination of any civil action or proceeding, the original papers, or any part thereof pertaining thereto, which are not of record are lost, mislaid, destroyed or mutilated, if the record of such papers with such papers should be lost, mislaid, destroyed or mutilated or if the record of any judgment or decree of any judicial proceeding or quasi-judicial proceeding, or any part thereof, should be lost, mislaid, destroyed or mutilated, any party in interest may, on application in writing, stating the facts, accompanied with the substitute proposed of such lost, mislaid, destroyed or mutilated paper or record, verified by affidavit, obtain an order of substitution. If the adverse party is of full age, of sound mind and a resident of the state, notice of the application and a copy thereof, accompanied with a copy of the proposed substitute, must be served on him at least 10 days before the session of the court in which such application is made. If he is of unsound mind or an infant residing in the state, notice must be served on his guardian or, if he has no guardian, upon the person with whom he resides or in whose care or custody he may be; but, if such party, whether he is of full age and sound mind, an infant or of unsound mind, resides without the state or his residence is unknown, upon affidavit stating the facts, the register, or the clerk of the court or the probate judge, must make and enter an order of publication as to such party and cause notice to be given by publication for three successive weeks in some newspaper published in the county or, if there is no such newspaper, in a newspaper published in an adjoining county. If the adverse party is of unsound mind or an infant, the court must appoint a guardian ad litem to represent and defend for him. On the hearing, the court may receive affidavits and counter affidavits as to the correctness of the proposed substitute.
(Code 1876, §§554, 556; Code 1886, §658; Code 1896, §2649; Code 1907, §5741; Code 1923, §10134; Code 1940, T. 7, §10.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 20 - Judicial and Other Public Records. › Article 2 - Judicial Records. › Section 12-20-30 - Substitution of Lost, etc., Papers or Records in Civil Cases - How Made - Where Deed, Contract, Conveyance or Other Instrument Involved.

Section 12-20-30
Substitution of lost, etc., papers or records in civil cases - How made - Where deed, contract, conveyance or other instrument involved.
If the record of a deed, contract, conveyance or other instrument, the record of which is by law required or authorized, is lost, mislaid, destroyed or mutilated, the original of such deed, contract, conveyance or instrument may be recorded again, and such record shall have relation to, and be operative from, the day the original record was operative. If the original is lost, mislaid, destroyed or mutilated, a copy thereof may be recorded on proof of its correctness of the record and of the loss or destruction of the original, and the record of such copy shall have relation to, and be operative from, the day the original record was operative. But in case of the loss or destruction of the original, an application for the record of the copy must be made to the court or successor of the court in which the original record was made and notice thereof given to the party in adverse interest, as prescribed in Section 12-20-29.
(Code 1867, §§652, 653; Code 1876, §§559, 560; Code 1886, §661; Code 1896, §2650; Code 1907, §5742; Code 1923, §10135; Code 1940, T. 7, §11.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 20 - Judicial and Other Public Records. › Article 2 - Judicial Records. › Section 12-20-31 - Substitution of Lost, etc., Papers or Records in Civil Cases - Appeal From Court Order or Decree Granting or Denying.

Section 12-20-31
Substitution of lost, etc., papers or records in civil cases - Appeal from court order or decree granting or denying.
From any order of a circuit or district court or probate court granting or refusing substitution under this article, an appeal lies to the appropriate appellate court as from final judgments or decrees in civil cases. From an order of a district court, an appeal to the circuit court lies as in other cases, and the trial is de novo.
(Code 1867, §651; Code 1876, §558; Code 1886, §659; Code 1896, §2652; Code 1907, §5744; Code 1923, §10137; Code 1940, T. 7, §13.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 20 - Judicial and Other Public Records. › Article 2 - Judicial Records. › Section 12-20-32 - Substitution of Appellate Court Records.

Section 12-20-32
Substitution of appellate court records.
If the records of an appellate court, or any part thereof, are lost, mislaid, destroyed or mutilated, the same may be substituted under such rules and regulations as the court may prescribe.
(Code 1886, §660; Code 1896, §2653; Code 1907, §5745; Code 1923, §10138; Code 1940, T. 7, §14.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 20 - Judicial and Other Public Records. › Article 3 - Other Public Records. › Section 12-20-50 - Establishment or Restoration of Lost, etc., Records of State, County, or Municipality.

Section 12-20-50
Establishment or restoration of lost, etc., records of state, county, or municipality.
The circuit courts of this state shall have jurisdiction of an action by the state, a county or municipality or any citizen who will give security for the costs of the proceeding to establish or restore any lost, mislaid, destroyed or mutilated records of the state, county or municipality, or of any department, agency or instrumentality thereof. Such courts shall have jurisdiction and power to prescribe all necessary rules, regulations and proceedings proper or necessary to establish or restore lost, mislaid, destroyed or mutilated records and, when so established or restored, to declare them to be the proper and legal records as the original which was so lost, mislaid, destroyed or mutilated. The proceedings shall be ex parte, and any citizen of the state who will give security for the costs of the appeal may appeal from the order, judgment or decision of the circuit court establishing or restoring or refusing to establish or restore such records to the appropriate appellate court of the state. The evidence on the hearing in the circuit court may be by depositions or affidavits, and witnesses may be examined orally and their testimony taken down by the court stenographer and transcribed and certified by him as being true and correct. On appeal to the appropriate appellate court, the transcript of the record, proceedings, and all testimony shall be certified by the circuit court; and, upon the hearing in the appropriate appellate court, such court may affirm or reverse the judgment or order of the circuit court or may enter such judgment, order or decision as the circuit court should have entered on the record and evidence so certified. The proceeding under this section shall not be deemed exclusive, but additional or supplementary to any other remedy given by common law or statute.
(Code 1923, §10139; Code 1940, T. 7, §15.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 1 - Generally. › Section 12-21-1 - Production of Books, etc., Generally - by Parties; Failure to Comply.

Section 12-21-1
Production of books, etc., generally - By parties; failure to comply.
(a) The court may, on motion and due notice thereof, require the parties to produce books, documents or writings in their possession, custody, control or power which contain evidence pertinent to the issues.
(b) If the plaintiff or prosecution fails to comply with such order, the court may, on motion, give the like judgment for the defendant as in cases of dismissal; and, if the defendant fails to comply with such order, the court may, on motion, give judgment against him by default.
(Code 1896, §§1859, 1860; Code 1907, §§4058, 4059; Code 1923, §§7774, 7775; Code 1940, T. 7, §§487, 488.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 1 - Generally. › Section 12-21-2 - Production of Books, etc., Generally - by Resident Nonparties; Failure to Comply.

Section 12-21-2
Production of books, etc., generally - By resident nonparties; failure to comply.
(a) When any deed, writing or other document which it may be necessary to use as testimony in any case may be in the possession of any person resident in this state who is not a party to the case, the clerk of the court in which the case is pending shall, upon application of the party or his attorney desirous of using such testimony, issue a subpoena duces tecum directed to the person having such book or other document in his possession, requiring him to appear and bring with him into court the paper desired to be used as testimony. Service shall be by a sheriff, constable or some private person, and the official return of the sheriff or constable or the affidavit of such private person shall be sufficient evidence that the same was duly served; but, in all cases, the judge may require the summary production of any book or document by subpoena duces tecum where the witness is able to produce it and where the ends of justice require such summary production.
(b) When a subpoena shall be issued and served as provided in subsection (a) of this section and the person whose attendance is thereby required shall fail to comply with the requisition thereof, the court shall, on motion, issue an attachment against such defaulting person, returnable instantly or to the next term of said court, and shall fine such person in a sum not exceeding $300.00 unless he shall make a sufficient excuse for such failure, to be judged of by the court; but such person shall, nevertheless, be subject to an action at the instance of the party by whom he was subpoenaed, for any damages which such party may have sustained by reason of such failure. If the person so subpoenaed shall, within 10 days after the service of such subpoena, deliver to the party at whose instance the subpoena was issued or his attorney, or file in the office of the court from which such subpoena was issued the paper, the production of which is required by such subpoena, or shall deliver to the said party or his attorney, or shall file in the said office his affidavit that the said paper is not in his power, custody, possession or control and that it was not at the time of serving said subpoena, then such delivery and filing of the paper so sought as aforesaid or of such affidavit shall be considered a full and complete compliance with the requirements of such subpoena duces tecum.
(Code 1907, §§4060, 4061; Code 1923, §§7776, 7777; Code 1940, T. 7, §§489, 490.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 1 - Generally. › Section 12-21-3 - Compelling Books, etc., to Be Produced; Parol in Lieu Thereof.

Section 12-21-3
Compelling books, etc., to be produced; parol in lieu thereof.
The court may, upon affidavit of their necessity and materiality, upon motion, compel, by order, either party to produce, at or before the trial, any book, paper or document in his possession or power. The order may be made upon the application of either party, upon reasonable notice to the adverse party or his attorney. If not produced, parol evidence may be given of its contents.
(Code 1923, §7712; Code 1940, T. 7, §426.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 1 - Generally. › Section 12-21-3.1 - Subpoena of Law Enforcement Officers and Investigative Reports; Disposition of Criminal Matters.

Section 12-21-3.1
Subpoena of law enforcement officers and investigative reports; disposition of criminal matters.
(a) Neither law enforcement investigative reports nor the testimony of a law enforcement officer may be subject to a civil or administrative subpoena except as provided in subsection (c).
(b) Law enforcement investigative reports and related investigative material are not public records. Law enforcement investigative reports, records, field notes, witness statements, and other investigative writings or recordings are privileged communications protected from disclosure.
(c) Under no circumstance may a party to a civil or administrative proceeding discover material which is not authorized discoverable by a defendant in a criminal matter. Noncriminal parties may upon proper motion and order from a court of record: Secure photographs, documents and tangible evidence for examination and copying only by order of a court imposing such conditions and qualifications as may be necessary to protect a chain of custody of evidence; or protect the prosecutors', law enforcement officers', or investigators' work product; or to prevent the loss or destruction of documents, objects, or evidence. Such discovery order may be issued by a court of record upon proof by substantial evidence, that the moving party will suffer undue hardship and that the records, photographs or witnesses are unavailable from other reasonable sources.
(d) Discovery orders prior to the disposition of the criminal matter under investigation are not favored and should be granted only upon showing that the party seeking discovery has substantial need of the materials and is unable, without undue hardship, to obtain the substantial equivalent by other means.
(e) Nothing in this section shall preclude the disclosure of investigative reports, including the testimony of law enforcement officers, to a state administrative agency authorized by law to investigate or conduct administrative contested case hearings in any matter related to the suspension, revocation, or restriction of a professional license or registration for the protection of the public health and safety.
(f) For purposes of this section, a criminal matter is disposed of in any of the following ways:
(1) When the prosecuting authority has presented the matter to a grand jury and a no bill or true bill has been returned.
(2) After a written statement by the chief law enforcement officer of the agency conducting the investigation that the matter under investigation is closed.
(3) When the entity or individual under investigation has been tried and final judgment entered.
(Act 98-507, p. 1184, §§1, 2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 1 - Generally. › Section 12-21-4 - Taking of Affidavits Outside State.

Section 12-21-4
Taking of affidavits outside state.
Affidavits required in the commencement or progress of any action or judicial proceedings may be taken without this state before any commissioner appointed by the Governor of this state, any judge or clerk of a federal court, any judge or clerk of any court of record or any notary public, who shall certify under their hands and seals of office, if any.
(Code 1867, §645; Code 1876, §550; Code 1886, §2768; Code 1896, §1799; Code 1907, §3965; Code 1923, §7661; Code 1940, T. 7, §373.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 1 - Generally. › Section 12-21-5 - Copy of Hospital Records - Admissibility.

Section 12-21-5
Copy of hospital records - Admissibility.
When the original would be admissible in any case or proceeding in a court in the state, a certified copy of the hospital records of any hospital organized or operated under or pursuant to the laws of Alabama, including records of admission, medical, hospital, occupational, disease, injury and disability histories, temperature and other charts, X rays and written interpretations thereof, pictures, photographs, files, written orders, directions, findings and reports and interpretations of physicians, doctors, surgeons, pathologists, radiologists, specialists, dentists, technicians and nurses, as well as of all employees of such hospital, forming a part of such hospital records as to the health, condition, state, injuries, sickness, disease, mental, physical and nervous disorders, duration and character of disabilities, diagnosis, prognosis, progress, wounds, cuts, contusions, lacerations, breaks, loss of blood, incisions, operations, injuries, examinations, tests, transfusions, hospitalization and duration thereof, medication, medicines, supplies, treatment and care and the cost, expenses, fees and charges therefor and thereof, a part of, or shown on or in, said hospital records of any patient in said hospital, when certified and affirmed by the custodian of said hospital records as provided in Section 12-21-7, shall be admissible in evidence, without further proof in any court in the state where admissible, if and when said hospital records were made and kept in the usual and regular course of business of said hospital and it was in the regular course of business of said hospital to make and keep said records and that said records were made at the time of such acts, transactions, occurrences or events therein referred to occurred or arose or were made, or within a reasonable time thereafter.
(Acts 1965, 2nd Ex. Sess., No. 77, p. 102, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 1 - Generally. › Section 12-21-6 - Copy of Hospital Records - Subpoena Duces Tecum; Inspection; Form; Weight.

Section 12-21-6
Copy of hospital records - Subpoena duces tecum; inspection; form; weight.
(a) A certified copy of said hospital records may be procured by any litigant in any court of competent jurisdiction in the state by subpoena duces tecum, and when any such subpoena duces tecum is issued for said hospital records, the custodian of said hospital records shall prepare a copy of said hospital records as provided in this subsection and securely seal the same in an envelope or other container and date and fill out and sign a certificate in substantially the form provided in Section 12-21-7 and place on, or securely fasten said certificate to the outside of, said envelope or container in which said copy of said hospital records are placed and deliver the same to the clerk or register of the court hearing, or to hear or to try, the case or proceeding in which the records are sought, and he shall not otherwise be required to appear in court unless thereafter ordered to do so by the court. The copy of the hospital records shall not be open to inspection or copy by other persons than the parties to the case or proceeding and their attorneys until ordered published by the court trying the case at the time of the trial. When so prepared and certified, the copy of said hospital records shall be admissible in evidence in any court in the state, if and when admissible, in prima facie proof of the facts therein shown just as if otherwise verified and just as if the copy were the original. The copy of the hospital records may be photostated, photographed or made by microphotographic plate or film, or otherwise made, so long as clear and easily legible. All the circumstances of the making of such hospital records, including lack of personal knowledge of the entrant or maker of such hospital records, may otherwise be shown to affect the weight of such hospital records, but this shall not affect their admissibility.
(b) Repealed by Acts 1994, No. 94-609, p. 1124, §3.
(Acts 1965, 2nd Ex. Sess., No. 77, p. 102, §2; Acts 1994, No. 94-609, p. 1124, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 1 - Generally. › Section 12-21-6.1 - Reproduction and Delivery of Medical Records.

Section 12-21-6.1
Reproduction and delivery of medical records.
(a) The following words and phrases used in this section shall have the following meanings:
(1) ACTUAL COSTS. The cost of material and supplies used to duplicate the medical record, the labor costs, and other costs associated with duplication of the medical records.
(2) PERSON. Any medical provider or company or other legal entity that maintains medical records.
(b)(1) Notwithstanding any other provision of law, any person required to release copies of medical records may condition the release upon payment by the requesting party of the reasonable costs of reproducing the medical records.
(2) The reasonable costs of reproducing copies of written or typed documents, or reports shall not be more than one dollar ($1) for each page of the first 25 pages, not more than 50 cents ($.50) for each page in excess of 25 pages, and a search fee of five dollars ($5). If the medical records are mailed to the person making the request, reasonable costs shall include the actual costs of mailing the medical records.
(3) A person may charge in addition to the fees allowed in subdivision (2) of this subsection the actual cost of reproducing X-rays and other special medical records.
(4) Unless other arrangements for payments are made between the requesting party and the person supplying the medical records, the requesting party shall pay the fees charged for reproduction and delivery of the medical records prior to delivery of the medical records.
(c) The provisions of this section shall not apply to records subpoenaed by the State Board of Medical Examiners.
(d) This section shall not affect any fees or costs currently paid by state agencies.
(Acts 1994, No. 94-609, p. 1124, §§1, 2.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 1 - Generally. › Section 12-21-7 - Copy of Hospital Records - Certificate of Custodian.

Section 12-21-7
Copy of hospital records - Certificate of custodian.
The certificate of the custodian of the hospital records provided for in Sections 12-21-5 and 12-21-6 shall show the name of the parties to the case or proceeding and the name of the court to which made, by appropriate caption, and said certificate shall be in form in substance as follows, to-wit:
I, _____, hereby certify and affirm in writing that I am _____ of the _____ Hospital, a hospital organized or operated pursuant to or under the laws of Alabama, located at _____, Alabama, that I am custodian of the hospital records of said hospital and that the within copy of said hospital records are an exact, full, true and correct copy of said hospital records pertaining to _____.
I further certify that I am familiar with and know, and knew when made and charged, the reasonable value and price for the various charges made and shown in said hospital records pertaining to _________ and that said charges are in my judgment just, reasonable and proper and in keeping with those generally charged in the county and community where said hospital is located.
All of which I hereby certify and affirm on this ______ day of __________, 19__.
(Acts 1965, 2nd Ex. Sess., No. 77, p. 102, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 21 - Evidence and Witnesses. › Article 1 - General Provisions. › Division 1 - Evidence. › Division 1 - Generally. › Section 12-21-8 - Destruction of Exhibits Offered and Received in Evidence.

Section 12-21-8
Destruction of exhibits offered and received in evidence.
The registers and clerks of the circuit courts of this state are authorized to and may destroy all exhibits offered and received in evidence in civil cases on or after the expiration of one year from the final disposition of such cases; provided, however, that such destruction shall not be accomplished until it has been approved by the presiding judge of the circuit; provided further, that prior to destruction of the exhibits, the clerk shall notify the party who offered the same into evidence that said exhibits may be obtained within 30 days from the clerk if the offering party so desires. The authority given by this section shall authorize the destruction of such items as certified copies of hospital records subpoenaed by the parties, depositions of parties and witnesses, subpoenas for witnesses, paper exhibits, bulky exhibit items or such other similar items of evidence; provided, however, that such itemization shall not be deemed to be all inclusive; provided further, that after the expiration of the appeal period in such cases and before such destruction, any party at interest, or counsel for such party, may permanently remove and withdraw such exhibits offered by such party upon the execution of an appropriate receipt therefor, which receipt shall be signed and recorded on the consolidated trial docket sheet of such case.
(Acts 1975, No. 1047, p. 2103, §1.)