reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-5 - Arbitrators - Substitution; Award by Majority.

Section 6-6-5
Arbitrators - Substitution; award by majority.
(a) If any of the arbitrators fail to attend at the time and place designated and the parties appear, they may substitute others in their place or, if the parties cannot agree, the arbitrators present may themselves appoint others in their stead, of which they must make a memorandum on the submission.
(b) A majority of the arbitrators may make the award.
(Code 1852, §2713; Code 1867, §3152; Code 1876, §3540; Code 1886, §3225; Code 1896, §512; Code 1907, §2912; Code 1923, §6160; Code 1940, T. 7, §833.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-6 - Arbitrators - Oath.

Section 6-6-6
Arbitrators - Oath.
Before making their award, the arbitrators must be sworn impartially to determine the matters submitted to them, according to the evidence and the manifest justice and equity of the case, to the best of their judgment and without favor or affection, which oath they may administer to each other or may be administered to them by any officer authorized to administer oaths.
(Code 1852, §2716; Code 1867, §3155; Code 1876, §3543; Code 1886, §3228; Code 1896, §515; Code 1907, §2915; Code 1923, §6163; Code 1940, T. 7, §836.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-7 - Arbitrators - Power to Subpoena Witnesses, Administer Oaths and Take Depositions.

Section 6-6-7
Arbitrators - Power to subpoena witnesses, administer oaths and take depositions.
The arbitrators, or either of them, have power to subpoena witnesses at the request of either of the parties and to administer all oaths which may be necessary in the progress of the case and must, on the application of either party, issue commission to take the deposition of any witness residing out of the county, which must be taken in the same manner as depositions in the circuit court.
(Code 1852, §2717; Code 1867, §3156; Code 1876, §3544; Code 1886, §3229; Code 1896, §516; Code 1907, §2916; Code 1923, §6164; Code 1940, T. 7, §837.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-8 - Subpoena of Witnesses - Execution.

Section 6-6-8
Subpoena of witnesses - Execution.
Subpoenas for witnesses may be executed by the sheriff, by any constable of the county, or by the parties themselves.
(Code 1852, §2719; Code 1867, §3158; Code 1876, §3545; Code 1886, §3230; Code 1896, §517; Code 1907, §2917; Code 1923, §6165; Code 1940, T. 7, §838.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-9 - Subpoena of Witnesses - Liability on Default.

Section 6-6-9
Subpoena of witnesses - Liability on default.
Any witness duly summoned who fails to attend without sufficient excuse may be fined $10 for the use of the county, for the collection of which the arbitrators must issue execution; and such defaulting witness is also liable to the party summoning him for any injury sustained by the loss of his testimony, to be recovered before any court having jurisdiction.
(Code 1852, §2720; Code 1867, §3159; Code 1876, §3546; Code 1886, §3231; Code 1896, §518; Code 1907, §2918; Code 1923, §6166; Code 1940, T. 7, §839.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-10 - Fees and Charges - Arbitrators, Witnesses, Sheriffs and Constables; How Paid.

Section 6-6-10
Fees and charges - Arbitrators, witnesses, sheriffs and constables; how paid.
The arbitrators are, if demanded by them, entitled each to $2 per day while actually engaged in the arbitration, the witnesses to $1 per day each and the sheriff or constable to the customary fees for executing subpoenas, all of which must be paid jointly by the parties unless the arbitrators otherwise determine.
(Code 1852, §2723; Code 1867, §3162; Code 1876, §3549; Code 1886, §3235; Code 1896, §520; Code 1907, §2920; Code 1923, §6168; Code 1940, T. 7, §841.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-11 - Fees and Charges - Refusal to Testify or Deliver Award Until Paid; Recovery by Party Not Liable Therefor.

Section 6-6-11
Fees and charges - Refusal to testify or deliver award until paid; recovery by party not liable therefor.
Any witness may refuse to testify until his fees are paid by the party summoning him, and the arbitrators may refuse to deliver copies of the award until all charges are paid; but if paid by a party not liable therefor, he may recover the same by action before any court having jurisdiction thereof, and the receipt of the arbitrators is presumptive evidence of the fact of payment and of the liability of the party therefor.
(Code 1852, §2724; Code 1867, §3163; Code 1876, §3550; Code 1886, §3236; Code 1896, §519; Code 1907, §2919; Code 1923, §6167; Code 1940, T. 7, §840.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-12 - Award - Proceedings When Not Performed; Force and Effect.

Section 6-6-12
Award - Proceedings when not performed; force and effect.
If the award is not performed in 10 days after notice and delivery of a copy thereof, the successful party may, if an action is pending, cause the award and the file of papers in the case to be returned to the court in which the action is pending or, if no action is pending, cause the submission and award to be returned to the clerk of the circuit court of the county in which the award is made. Such award has the force and effect of a judgment, upon which execution may issue as in other cases.
(Code 1852, §2714; Code 1867, §3153; Code 1876, §3541; Code 1886, §3226; Code 1896, §513; Code 1907, §2913; Code 1923, §6161; Code 1940, T. 7, §834.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-13 - Award - Enforcement.

Section 6-6-13
Award - Enforcement.
If the award is for the delivery of property or to do or omit to do any particular act, on notice and motion to the court, performance may be enforced by attachment or other appropriate writ.
(Code 1852, §2715; Code 1867, §3154; Code 1876, §3542; Code 1886, §3227; Code 1896, §514; Code 1907, §2914; Code 1923, §6162; Code 1940, T. 7, §835.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-14 - Award - Conclusive Between Parties and Final; Exceptions.

Section 6-6-14
Award - Conclusive between parties and final; exceptions.
An award made substantially in compliance with the provisions of this division is conclusive between the parties thereto and their privies as to the matter submitted and cannot be inquired into or impeached for want of form or for irregularity if the award determines the matter or controversy submitted, and such award is final, unless the arbitrators are guilty of fraud, partiality, or corruption in making it.
(Code 1852, §2721; Code 1867, §3160; Code 1876, §3547; Code 1886, §3232; Code 1896, §521; Code 1907, §2921; Code 1923, §6169; Code 1940, T. 7, §842.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-15 - Award - Appeals.

Section 6-6-15
Award - Appeals.
Either party may appeal from an award under this division. Notice of the appeal to the appropriate appellate court shall be filed within 10 days after receipt of notice of the award and shall be filed with the clerk or register of the circuit court where the action is pending or, if no action is pending, then in the office of the clerk or register of the circuit court of the county where the award is made. The notice of appeal, together with a copy of the award, signed by the arbitrators or a majority of them, shall be delivered with the file of papers or with the submission, as the case may be, to the court to which the award is returnable; and the clerk or register shall enter the award as the judgement of the court. Thereafter, unless within 10 days the court shall set aside the award for one or more of the causes specified in Section 6-6-14, the judgment shall become final and an appeal shall lie as in other cases. In the event the award shall be set aside, such action shall be a final judgement from which an appeal shall lie as in other cases.
(Code 1876, §3547; Code 1886, §3233; Code 1896, §522; Code 1907, §2922; Code 1923, §6170; Code 1940, T. 7, §843.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 1 - Arbitration and Award. › Section 6-6-16 - Common-Law Arbitration Not Precluded.

Section 6-6-16
Common-law arbitration not precluded.
Nothing contained in this division shall prevent any person or persons from settling any matters of controversy by a reference to arbitration at common law.
(Code 1852, §2722; Code 1867, §2161; Code 1876, §3548; Code 1886, §3234; Code 1896, §523; Code 1907, §2923; Code 1923, §6171; Code 1940, T. 7, §844.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 2 - Mandatory Mediation Prior to Trial. › Section 6-6-20 - Definition; Instances Requiring Mediation; Sanctions; Exceptions; Etc.

Section 6-6-20
Definition; instances requiring mediation; sanctions; exceptions; etc.
(a) For purposes of this section, "mediation" means a process in which a neutral third party assists the parties to a civil action in reaching their own settlement but does not have the authority to force the parties to accept a binding decision.
(b) Mediation is mandatory for all parties in the following instances:
(1) At any time where all parties agree.
(2) Upon motion by any party. The party asking for mediation shall pay the costs of mediation, except attorney fees, unless otherwise agreed.
(3) In the event no party requests mediation, the trial court may, on its own motion, order mediation. The trial court may allocate the costs of mediation, except attorney fees, among the parties.
(c) If any party fails to mediate as required by this section, the court may apply such sanctions as it deems appropriate pursuant to Rule 37 of the Alabama Rules of Civil Procedure.
(d) A court shall not order parties into mediation for resolution of the issues in a petition for an order for protection pursuant to The Protection from Abuse Act, Sections 30-5-1 through 30-5-10 or in any other petition for an order for protection where domestic violence is alleged.
(e) In a proceeding concerning the custody or visitation of a child, if an order for protection is in effect or if the court finds that domestic violence has occurred, the court shall not order mediation.
(f) A mediator who receives a referral or order from a court to conduct mediation shall screen for the occurrence of domestic or family violence between the parties. Where evidence of domestic violence exists mediation shall occur only if:
(1) Mediation is requested by the victim of the alleged domestic or family violence;
(2) Mediation is provided by a certified mediator who is trained in domestic and family violence in a specialized manner that protects the safety of the victim; and
(3) The victim is permitted to have in attendance at mediation a supporting person of his or her choice, including, but not limited to, an attorney or advocate.
(g) Where a claim of immunity is offered as a defense, the court shall dispose of the immunity issue before any mediation is conducted.
(h) A court shall not order parties into mediation in any action involving child support, adult protective services, or child protective services wherein the Department of Human Resources is a party to said action.
(Acts 1996, No. 96-515, p. 659, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 3 - Mediator May Not Be Compelled to Testify or Provide Documents. › Section 6-6-25 - Definitions; Legislative Findings; Compelled Testimony, etc., of Mediators.

Section 6-6-25
Definitions; legislative findings; compelled testimony, etc., of mediators.
(a) For the purposes of this section, the following words shall have the following meanings:
(1) MEDIATION. A process in which a mediator acts to encourage and facilitate the resolution of a dispute without imposing a settlement.
(2) MEDIATOR. A neutral third party conducting a mediation, including any co-mediators, employees, agents, or independent contractors of the mediator or co-mediator, and any person attending or observing the mediation for purposes of training.
(b) The Legislature finds that it is desirable to encourage public confidence in the use of alternative methods of dispute resolution by preventing a mediator from being compelled to testify or produce documents about a mediation.
(c) Except as otherwise permitted by the Alabama Civil Court Mediation Rules, a mediator may not be compelled in any adversary proceeding or judicial forum, including, but not limited to, a hearing on sanctions brought by one party against another party, to divulge the contents of documents received, viewed, or drafted during mediation or the fact that the documents exist, nor may the mediator be otherwise compelled to testify in regard to statements made, actions taken, or positions stated by a party during the mediation.
(Act 2008-387, p. 730, §§1-3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26 - Short Title.

Section 6-6-26
Short title.
This division may be cited as the Alabama Uniform Collaborative Law Act.
(Act 2013-355, p. 1267, §1.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.02 - Applicability.

Section 6-6-26.02
Applicability.
This division applies to a collaborative law participation agreement that meets the requirements of Section 6-6-26.03 signed on or after January 1, 2014.
(Act 2013-355, p. 1267, §3.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.03 - Collaborative Law Participation Agreement; Requirements.

Section 6-6-26.03
Collaborative law participation agreement; requirements.
(a) A collaborative law participation agreement must:
(1) be in a record;
(2) be signed by the parties;
(3) state the parties' intention to resolve a collaborative matter through a collaborative law process under this division;
(4) describe the nature and scope of the matter and the collaborative law process;
(5) identify the collaborative lawyer who represents each party in the process;
(6) contain a statement by each collaborative lawyer confirming the lawyer's representation of a party in the collaborative law process;
(7) contain a provision informing the client that the collaborative lawyer and his or her law firm must withdraw from their representation of the client should the collaborative law process terminate under subsection (d) of Section 6-6-26.04; and
(8) contain a statement explaining the disclosure of information required under Section 6-6-26.11.
(b) Parties may agree to include in a collaborative law participation agreement additional provisions not inconsistent with this division.
(Act 2013-355, p. 1267, §4.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.04 - Beginning and Concluding Collaborative Law Process.

Section 6-6-26.04
Beginning and concluding collaborative law process.
(a) A collaborative law process begins when the parties sign a collaborative law participation agreement.
(b) A tribunal may not order a party to participate in a collaborative law process over that party's objection.
(c) A collaborative law process is concluded by a:
(1) resolution of a collaborative matter as evidenced by a signed record;
(2) resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or
(3) termination of the process.
(d) A collaborative law process terminates:
(1) when a party gives notice to other parties in a record that the process is ended;
(2) when a party:
(A) begins a proceeding related to a collaborative matter without the agreement of all parties; or
(B) in a pending proceeding related to the matter:
(i) initiates a pleading, motion, order to show cause, or request for a conference with the tribunal;
(ii) requests that the proceeding be put on the tribunal's active calendar; or
(iii) takes similar action requiring notice to be sent to the parties; or
(3) except as otherwise provided by subsection (g), when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
(e) A party's collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.
(f) A party may terminate a collaborative law process with or without cause.
(g) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection (e) is sent to the parties:
(1) the unrepresented party engages a successor collaborative lawyer; and
(2) in a signed record:
(A) the parties consent to continue the process by reaffirming the collaborative law participation agreement;
(B) the agreement is amended to identify the successor collaborative lawyer; and
(C) the successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative process.
(h) A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative matter or any part thereof as evidenced by a signed record.
(i) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
(Act 2013-355, p. 1267, §5.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.05 - Proceedings Pending Before Tribunal; Status Report.

Section 6-6-26.05
Proceedings pending before tribunal; status report.
(a) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to subsection (c) and Sections 6-6-26.06 and 6-6-26.07, the filing operates as an application for a stay of the proceeding.
(b) The parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes by agreement of the parties or by either party if the process is terminated. The stay of the proceeding under subsection (a) is lifted when the notice is filed. The notice may not specify any reason for termination of the process.
(c) A tribunal in which a proceeding is stayed under subsection (a) may require the parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report may include only information on whether the process is ongoing or concluded. It may not include a report, assessment, evaluation, recommendation, finding, or other communication regarding a collaborative law process or collaborative law matter.
(d) A tribunal may not consider a communication made in violation of subsection (c).
(e) A tribunal shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative process is filed based on delay or failure to prosecute.
(Act 2013-355, p. 1267, §6.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.06 - Emergency Order.

Section 6-6-26.06
Emergency order.
During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party or a child of either party.
(Act 2013-355, p. 1267, §7.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.07 - Approval of Agreement by Tribunal.

Section 6-6-26.07
Approval of agreement by tribunal.
A tribunal may approve an agreement resulting from a collaborative law process.
(Act 2013-355, p. 1267, §8.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.08 - Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm.

Section 6-6-26.08
Disqualification of collaborative lawyer and lawyers in associated law firm.
(a) Except as otherwise provided in subsection (c), a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter. This disqualification is not subject to waiver by the parties.
(b) Except as otherwise provided in subsection (c), a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter if the collaborative lawyer is disqualified from doing so under subsection (a) or other court order.
(c) A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party:
(1) to ask a tribunal to approve an agreement resulting from the collaborative law process and prepare and file all documents necessary to obtain a final order; or
(2) to seek or defend an emergency order to protect the health, safety, welfare, or interest of a party, or the party's child including, but not limited to, a proceeding filed under the Protection from Abuse Act, Chapter 5 of Title 30, if a successor lawyer is not immediately available to represent that person.
(d) If subsection (c)(2) applies, a collaborative lawyer, or lawyer in a law firm with which the collaborative lawyer is associated, may represent a party or the party's child only until the person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.
(Act 2013-355, p. 1267, §9.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.09 - Low Income Parties.

Section 6-6-26.09
Low income parties.
[Reserved]
(Act 2013-355, p. 1267, §10.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.10 - Governmental Entity as Party.

Section 6-6-26.10
Governmental entity as party.
[Reserved]
(Act 2013-355, p. 1267, §11.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.11 - Disclosure of Information.

Section 6-6-26.11
Disclosure of information.
(a) Except as provided by law other than this division, during the collaborative law process, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall update promptly previously disclosed information that has materially changed.
(b) The parties may define the scope of disclosure under subsection (a) during the collaborative law process.
(Act 2013-355, p. 1267, §12.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.12 - Standards of Professional Responsibility and Mandatory Reporting Not Affected.

Section 6-6-26.12
Standards of professional responsibility and mandatory reporting not affected.
This division does not affect:
(1) the professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or
(2) the obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this state.
(Act 2013-355, p. 1267, §13.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.13 - Appropriateness of Collaborative Law Process.

Section 6-6-26.13
Appropriateness of collaborative law process.
Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:
(1) assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party's matter;
(2) provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter; and
(3) advise the prospective party that:
(A) after signing an agreement if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;
(B) participation in a collaborative law process is voluntary and any party has the right to terminate unilaterally a collaborative law process with or without cause; and
(C) the collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by subsection (c) of Section 6-6-26.08.
(Act 2013-355, p. 1267, §14.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.14 - Coercive or Violent Relationship.

Section 6-6-26.14
Coercive or violent relationship.
(a) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party.
(b) Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the party the collaborative lawyer represents has a history of a coercive or violent relationship with another party.
(c) If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of a coercive or violent relationship with another party or prospective party, the lawyer may not begin or continue a collaborative law process unless:
(1) the party or the prospective party requests beginning or continuing a process; and
(2) the collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during a process.
(Act 2013-355, p. 1267, §15.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.15 - Confidentiality of Collaborative Law Communication.

Section 6-6-26.15
Confidentiality of collaborative law communication.
A collaborative law communication is confidential except to the extent agreed by the parties in a signed record or as provided by law of this state other than this division.
(Act 2013-355, p. 1267, §16.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.16 - Privilege Against Disclosure for Collaborative Law Communication; Admissibility; Discovery.

Section 6-6-26.16
Privilege against disclosure for collaborative law communication; admissibility; discovery.
[Reserved]
(Act 2013-355, p. 1267, §17.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.17 - Waiver and Preclusion of Privilege.

Section 6-6-26.17
Waiver and preclusion of privilege.
[Reserved]
(Act 2013-355, p. 1267, §18.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.18 - Limits of Privilege.

Section 6-6-26.18
Limits of privilege.
[Reserved]
(Act 2013-355, p. 1267, §19.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.19 - Authority of Tribunal in Case of Noncompliance.

Section 6-6-26.19
Authority of tribunal in case of noncompliance.
(a) If an agreement fails to meet the requirements of Section 6-6-26.03, or a lawyer fails to comply with Section 6-6-26.13 or 6-6-26.14, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:
(1) signed a record indicating an intention to enter into a collaborative law participation agreement; and
(2) reasonably believed they were participating in a collaborative law process.
(b) If a tribunal makes the findings specified in subsection (a), and the interests of justice require, the tribunal may:
(1) enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(2) apply the disqualification provisions of Sections 6-6-26.04, 6-6-26.05, and 6-6-26.08; and
(3) apply any privilege under law.
(Act 2013-355, p. 1267, §20.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.20 - Uniformity of Application and Construction.

Section 6-6-26.20
Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Act 2013-355, p. 1267, §21.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 1 - Settlement of Controversies. › Division 4 - Alabama Uniform Collaborative Law Act. › Section 6-6-26.21 - Relation to Electronic Signatures in Global and National Commerce Act.

Section 6-6-26.21
Relation to Electronic Signatures in Global and National Commerce Act.
This division modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
(Act 2013-355, p. 1267, §22.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 1 - General Provisions. › Section 6-6-30 - Applicability of Article to Private Corporations.

Section 6-6-30
Applicability of article to private corporations.
The provisions of this article are applicable to all private corporations, and all affidavits or answers required to be made under any of its provisions may be made by the president, cashier, secretary, or any other duly authorized agent of such corporations; and such corporations may do and be dealt with under its provisions in the same manner as if they were natural persons.
(Code 1867, §2942; Code 1876, §3267; Code 1886, §2944; Code 1896, §539; Code 1907, §2939; Code 1923, §6187; Code 1940, T. 7, §860.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-40 - Form.

Section 6-6-40
Form.
The form of attachment must be in substance as follows, but no objection shall be taken for any defect in form if the essential matters are set forth:
The State of Alabama,
_______ county
To any sheriff of the State of Alabama:
Whereas A. B. (or C. D., as the agent or attorney of A. B., as the case may be) hath complained on oath to me, E. F., judge of the circuit court of said state (or district court judge, or judge of the probate court or clerk of the circuit court of said county or as the case may be), that G. H. is (or will be, as the case may be) justly indebted to the plaintiff in the sum of _____ dollars, and the plaintiff having made affidavit and given bond as required by law in such cases, you are hereby commanded to attach so much of the estate of G. H. as will be of value to satisfy the said debt and costs, according to the complaint, and such estate, unless replevied, so to secure that the same may be liable to further proceedings thereon, to be had in the circuit court for the county of _______, to be held at the courthouse thereof; when and where you must make known how you have executed this writ.
Witness my hand, this, etc.
E. F., clerk.
(Code 1852, §2514; Code 1867, §2939; Code 1876, §3264; Code 1886, §2941; Code 1896, §536; Code 1907, §2936; Code 1923, §6184; Code 1940, T. 7, §857.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-41 - Matters for Which Issued.

Section 6-6-41
Matters for which issued.
Attachments may issue:
(1) To enforce the collection of a debt, whether it be due or not, at the time the attachment is taken out;
(2) For any moneyed demand, the amount of which can be certainly ascertained;
(3) To recover damages for a breach of contract, when the damages are not certain or liquidated; or
(4) When the action sounds in damages merely.
(Code 1852, §2503; Code 1867, §2927; Code 1876, §3252; Code 1886, §2929; Code 1896, §524; Code 1907, §2924; Code 1923, §6172; Code 1940, T. 7, §845.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-42 - Cases in Which Issued.

Section 6-6-42
Cases in which issued.
In the following cases attachments may issue:
(1) When the defendant resides out of the state;
(2) When the defendant absconds;
(3) When the defendant secretes himself so that the ordinary process of law cannot be served on him;
(4) When the defendant is about to remove out of the state;
(5) When the defendant is about to remove his property out of the state, so that the plaintiff will probably lose his debt or have to sue for it in another state;
(6) When the defendant is about fraudulently to dispose of his property;
(7) When the defendant has fraudulently disposed of his property; or
(8) When the defendant has moneys, property or effects liable to satisfy his debts which he fraudulently withholds.
(Code 1852, §2504; Code 1867, §2938; Code 1876, §3253; Code 1886, §2930; Code 1896, §525; Code 1907, §2925; Code 1923, §6173; Code 1940, T. 7, §846.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-43 - By Whom Issued.

Section 6-6-43
By whom issued.
In the first and second cases mentioned in Section 6-6-41, an attachment may be issued by any judge of the circuit court, returnable to any county in the state, or by the clerk of the circuit court, judge of probate or any district court judge, within their respective counties; in the third and fourth cases, only by a judge of the circuit court or judge of probate, returnable to any county.
(Code 1852, §2505; Code 1867, §2929; Code 1876, §3254; Code 1886, §2931; Code 1896, §526; Code 1907, §2926; Code 1923, §6174; Code 1940, T. 7, §847.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-44 - Oath of Plaintiff.

Section 6-6-44
Oath of plaintiff.
The officer, before issuing the attachment in the first two cases mentioned in Section 6-6-41, must require the plaintiff, his agent or attorney to make oath of the amount of the debt or demand and that it is justly due, or to become due, that one of the causes enumerated in Section 6-6-42 exists and that the attachment is not sued out for the purpose of vexing or harassing the defendant; and such oath must be reduced to writing and subscribed by the party making it.
(Code 1852, §2506; Code 1867, §2930; Code 1876, §3255; Code 1886, §2932; Code 1896, §527; Code 1907, §2927; Code 1923, §6175; Code 1940, T. 7, §848.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-45 - Execution of Bond by Plaintiff; Discharge of Levy.

Section 6-6-45
Execution of bond by plaintiff; discharge of levy.
Such officer must, when the attachment is sued out otherwise than upon the ground that the defendant is a nonresident, further require the plaintiff, his agent, or attorney to execute a bond in double the amount claimed, with sufficient surety, payable to the defendant, with the condition that the plaintiff will prosecute the attachment to effect and pay the defendant all such damages as he may sustain by the wrongful or vexatious suing out of such attachment. When the attachment is sued out upon the ground that the defendant is a nonresident, such officer shall issue the writ with or without a bond being given, as the plaintiff may elect. If such attachment is issued without bond, that fact must be endorsed on the writ. Should the defendant before the return day thereof, in person or through his agent or attorney, make an unqualified appearance in the case, it is the duty of the clerk to issue notice to the plaintiff or his attorney of the fact of such appearance. Unless, within five days after the service of such notice, the plaintiff shall make bond payable to the defendant in double the amount sued for, such levy shall be discharged.
(Code 1852, §2507; Code 1867, §2931; Code 1876, §3256; Code 1886, §2933; Code 1896, §528; Code 1907, §2928; Code 1923, §6176; Code 1940, T. 7, §849.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-46 - When Additional Affidavit of Special Facts and Circumstances to Determine Amount of Levy Required; Reduction of Sum.

Section 6-6-46
When additional affidavit of special facts and circumstances to determine amount of levy required; reduction of sum.
When an attachment is applied for in the cases provided for in the third and fourth subdivisions of Section 6-6-41, the judge, before issuing it, must require the plaintiff, his agent or attorney, in addition to the affidavit and bond required in other cases, to make affidavit in writing of the special facts and circumstances so as to enable him to determine the amount for which a levy must be made, which sum may, at the discretion of the court, be reduced at the return of the attachment, on affidavit of the defendant, and the levy released to the amount of such reduction.
(Code 1852, §2508; Code 1867, §2932; Code 1876, §3257; Code 1886, §2934; Code 1896, §529; Code 1907, §2929; Code 1923, §6177; Code 1940, T. 7, §850.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-47 - By Executors and Administrators.

Section 6-6-47
By executors and administrators.
Executors and administrators may commence an action by attachment in their representative characters.
(Code 1852, §2519; Code 1867, §2946; Code 1876, §3271; Code 1886, §2948; Code 1896, §543; Code 1907, §2943; Code 1923, §6191; Code 1940, T. 7, §864.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-48 - By One Nonresident Against Another Nonresident.

Section 6-6-48
By one nonresident against another nonresident.
A nonresident of this state may sue out an attachment against a nonresident for an existing debt or ascertained liability; but the plaintiff, his agent or attorney is required, in addition to the oath necessary in other cases, to swear that, according to the best of his knowledge, information and belief, the defendant has not sufficient property within the state of his residence wherefrom to satisfy the debt and must also give bond as in other cases, with surety resident in this state.
(Code 1852, §2509; Code 1867, §2933; Code 1876, §3258; Code 1886, §2935; Code 1896, §530; Code 1907, §2930; Code 1923, §6178; Code 1940, T. 7, §851.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-49 - By Foreign or Domestic Corporations.

Section 6-6-49
By foreign or domestic corporations.
Corporations, either foreign or domestic, are entitled to process of attachment for the recovery of debts or ascertained demands due them, the president, cashier of the corporation, or an agent or attorney thereof making the affidavit and executing bond as in other cases.
(Code 1852, §2512; Code 1867, §2936; Code 1876, §3261; Code 1886, §2938; Code 1896, §533; Code 1907, §2933; Code 1923, §6181; Code 1940, T. 7, §854.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-50 - Security for Costs by Nonresident or Foreign Corporation.

Section 6-6-50
Security for costs by nonresident or foreign corporation.
When an attachment is sued out in favor of a nonresident or a foreign corporation, security for the costs of the action may be taken and approved by the officer issuing the same or may be endorsed with his approval on the attachment.
(Code 1867, §2937; Code 1876, §3262; Code 1886, §2939; Code 1896, §534; Code 1907, §2934; Code 1923, §6182; Code 1940, T. 7, §855.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-51 - Against Foreign Corporations.

Section 6-6-51
Against foreign corporations.
Process of attachment may issue against foreign corporations having property in this state for the recovery of debts or to recover damages for a breach of contract when the damages are not certain or liquidated or, in cases where the action sounds in damages merely, in the same manner and subject to the same rules as in the case of natural persons residing without the state.
(Code 1852, §2513; Code 1867, §2938; Code 1876, §3263; Code 1886, §2940; Code 1896, §535; Code 1907, §2935; Code 1923, §6183; Code 1940, T. 7, §856.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-52 - When Issued and Executed on Sunday.

Section 6-6-52
When issued and executed on Sunday.
Attachments may issue and be executed on Sunday if the plaintiff, his agent or attorney, in addition to the oath prescribed for the issue of such process, makes affidavit that the defendant is absconding, or is about to abscond, or is about to remove his property from the state and gives the bond required in this article.
(Code 1867, §2941; Code 1876, §3266; Code 1886, §2943; Code 1896, §538; Code 1907, §2938; Code 1923, §6186; Code 1940, T. 7, §859.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 2 - Issuance. › Section 6-6-53 - Return of Bond and Affidavit.

Section 6-6-53
Return of bond and affidavit.
The bond and affidavit must be returned by the officer issuing the attachment to the court to which the attachment is returnable.
(Code 1852, §2515; Code 1867, §2940; Code 1876, §3265; Code 1886, §2942; Code 1896, §537; Code 1907, §2937; Code 1923, §6185; Code 1940, T. 7, §858.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 3 - Execution. › Section 6-6-70 - On What Property and Persons; Endorsement on Writ; Taking of Property Into Possession.

Section 6-6-70
On what property and persons; endorsement on writ; taking of property into possession.
Attachments may be levied on real estate, whether a fee simple or any less legal estate, or on personal property of the defendant or may be executed by summoning any person indebted to the defendant or liable to him on a contract for the delivery of personal property or for the payment of money which may be discharged by the delivery of personal property or on a contract payable in personal property or a person having in his possession, or under his control, any money or effects belonging to the defendant; and the officer executing the writ must endorse such levy or service thereon and, if practicable, take the property into his possession, unless replevied as prescribed in Division 4 of this article.
(Code 1852, §2516; Code 1867, §2943; Code 1876, §3268; Code 1886, §2945; Code 1896, §540; Code 1907, §2940; Code 1923, §6188; Code 1940, T. 7, §861.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 3 - Execution. › Section 6-6-71 - Proceedings With Garnishees.

Section 6-6-71
Proceedings with garnishees.
When attachment is executed by summoning a person indebted to the defendant, such person is called the garnishee, and the summons must be to answer as garnishees are required to answer; and, upon return of an attachment so executed, proceedings may be had as in other cases of garnishment.
(Code 1852, §2517; Code 1867, §2944; Code 1876, §3269; Code 1886, §2946; Code 1896, §541; Code 1907, §2941; Code 1923, §6189; Code 1940, T. 7, §862.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 3 - Execution. › Section 6-6-72 - Levy on Joint or Separate Property.

Section 6-6-72
Levy on joint or separate property.
An attachment may be levied on the joint or separate estate of joint obligors, promisors or partners, whether resident or nonresident.
(Code 1852, §2518; Code 1867, §2945; Code 1876, §3270; Code 1886, §2947; Code 1896, §542; Code 1907, §2942; Code 1923, §6190; Code 1940, T. 7, §863.)
2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 2 - Attachment. › Division 3 - Execution. › Section 6-6-73 - Levy in Any County; Holding of Attached Property.

Section 6-6-73
Levy in any county; holding of attached property.
The attachment may be executed in any county of the state by the sheriff of the county in which the property or garnishee may be found, and the sheriff must take and hold the property attached, unless replevied, subject to the order of the court in which the attachment is pending.
(Code 1852, §2525; Code 1867, §2952; Code 1876, §3277; Code 1886, §2953; Code 1896, §544; Code 1907, §2944; Code 1923, §6192; Code 1940, T. 7, §865.)