reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 1 - General Provisions. › Section 12-19-3 - Phasing of State Assumption of Financial Responsibility for Unified Judicial System.

Section 12-19-3
Phasing of state assumption of financial responsibility for Unified Judicial System.
The state assumption of financial responsibility for the Unified Judicial System shall be phased over three fiscal years as follows:
(1) The state shall be responsible for the following beginning in the 1975-76 fiscal year:
a. Salaries and expenses of the Supreme Court, the Court of Criminal Appeals and the Court of Civil Appeals;
b. Salaries and expenses of the Judicial Inquiry Commission, the Court of the Judiciary, the Judicial Compensation Commission, the Permanent Study Commission on Alabama's Judicial System and the Judicial Conference;
c. Salaries and expenses of circuit judges and supernumerary and retired justices and judges;
d. Salaries, including supernumerary salaries and expenses, of court reporters paid by the State of Alabama;
e. Salaries and expenses of the Administrative Office of Courts and the Department of Court Management;
f. State contributions to judicial retirement, unless otherwise provided by law; and
g. Salaries and expenses of public defender programs, to the extent currently funded by the state, instituted by local acts or by general acts of local application.
(2) The state shall be responsible for the following beginning in the 1976-77 fiscal year:
a. All items enumerated in subdivision (1) of this section; and
b. Fees and expenses, from January 16, 1977, forward, of jurors, jury commissions and witnesses, salaries and expenses of district judges and salaries of circuit clerks and registers, and clerical office supplies. All forms, stationery and other printed court supplies may be purchased through the county purchasing agent or in the same manner in which the county purchases such supplies if the county has no purchasing agent, and the cost thereof shall be reimbursed to the county by the state from funds appropriated for such use.
(3) The state shall be responsible for the following beginning in the 1977-78 fiscal year:
a. All items enumerated in subdivisions (1) and (2) above; and
b. Salaries of warrant-issuing magistrates and trial court administrators, expenses for operation of judicial offices and such other expenses and services for which provision is made within the unified judicial budget.
(Acts 1975, No. 1205, p. 2384, §16-103.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 1 - General Provisions. › Section 12-19-4 - Provision and Maintenance by Municipalities of Courtrooms and Judicial and Clerical Facilities for Certain District Courts.

Section 12-19-4
Provision and maintenance by municipalities of courtrooms and judicial and clerical facilities for certain district courts.
Courtrooms and related judicial and clerical facilities for the district court shall be provided and maintained by the municipalities where the court shall sit other than at the county courthouse, said facilities to be with the approval of the Administrative Director of Courts.
(Acts 1975, No. 1205, p. 2384, §16-106.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 1 - General Provisions. › Section 12-19-5 - Preparation of Budget Estimates as to State Expenditures for Trial Courts of Unified Judicial System.

Section 12-19-5
Preparation of budget estimates as to state expenditures for trial courts of Unified Judicial System.
The Administrative Director of Courts shall prepare budget estimates relating to state expenditures for the trial courts of the Unified Judicial System.
(Acts 1975, No. 1205, p. 2384, §16-102.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 1 - General Provisions. › Section 12-19-6 - Payment by State of Salaries and Expenses of Personnel of Unified Judicial System.

Section 12-19-6
Payment by state of salaries and expenses of personnel of Unified Judicial System.
The salaries and expenses payable to personnel of the Unified Judicial System out of state funds shall be paid out of the State General Fund upon warrants drawn thereon.
(Acts 1975, No. 1205, p. 2384, §16-104.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 1 - General Provisions. › Section 12-19-7 - Establishment and Filing of Special Procedures for Payment of Juror Fees, Witness Fees, Etc.

Section 12-19-7
Establishment and filing of special procedures for payment of juror fees, witness fees, etc.
The Administrative Director of Courts shall, with the advice of the Department of Examiners of Public Accounts, establish special procedures for the prompt payment of juror fees, witness fees and any other expenses necessary to the operation of the unified court system as may be provided by law or rule, which special procedures shall be filed with the state Comptroller.
(Acts 1975, No. 1205, p. 2384, §16-105.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 1 - General Provisions. › Section 12-19-8 - Inventory of Equipment and Furniture Used in Operation of Trial Courts Other Than Municipal and Probate Courts; Submission of Inventory to County Commission for Approval, etc.; Finality of Decision of Administrative Director of Courts as to Items to Be Transferred to State.

Section 12-19-8
Inventory of equipment and furniture used in operation of trial courts other than municipal and probate courts; submission of inventory to county commission for approval, etc.; finality of decision of Administrative Director of Courts as to items to be transferred to state.
(a) The Administrative Director of Courts shall forthwith inventory all equipment and furniture utilized in the operation of circuit courts and all other trial courts, except probate courts and municipal courts. This inventory shall indicate the agency or office where the property is located, the type and classification of property, its age, its purchase cost and the government agency possessing title. The clerks and registers of the respective circuits and their administrative staffs shall provide assistance in the formulation of the inventory as requested by the Administrative Director of Courts.
(b) The inventory shall be submitted to the county commission for approval. The county commission may object in writing to inclusion of any items in the inventory.
(c) The determination of the Administrative Director of Courts as to the items to be transferred to the state shall be final unless modified by a court of competent jurisdiction.
(Acts 1975, No. 1205, p. 2384, §16-108.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 1 - General Provisions. › Section 12-19-9 - Transfer to State of Title to County-Owned Equipment, Furniture and Supplies Utilized in Operation of Judicial System.

Section 12-19-9
Transfer to state of title to county-owned equipment, furniture and supplies utilized in operation of judicial system.
(a) The county-owned equipment and furniture used in the operation of the judicial system shall become the property of the state as follows:
(1) On January 16, 1977, all county-owned equipment and furniture used by circuit judges and district judges, formerly judges of the courts of the county, other than that used by judges of probate and municipal courts, shall become the property of the state; and
(2) On October 1, 1977, all remaining county-owned property used in the operation of the judicial system shall become the property of the state.
(b) Supplies located in offices covered by the inventory shall become the property of the state on the date when the furniture and equipment in the office or agency becomes the property of the state.
(Acts 1975, No. 1205, p. 2384, §16-107.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 2 - Costs, Fees, Fines, etc., Generally. › Section 12-19-20 - Court Fees in Civil and Criminal Cases in Circuit and District Courts to Be Uniform; Fees Prescribed by Chapter Exclusive; Exceptions.

Section 12-19-20
Court fees in civil and criminal cases in circuit and district courts to be uniform; fees prescribed by chapter exclusive; exceptions.
(a) Court fees in civil and criminal cases in the circuit court and district court shall be uniform for each type of case and each court level.
(b) The fees prescribed in this chapter shall be exclusive of all other fees, except that:
(1) The Administrative Director of Courts may, pursuant to Supreme Court rule, set schedules of fees for payments to court-appointed officers for preparation of transcripts on appeal and for certification of court records;
(2) Fees now or hereafter imposed by law on parties to civil actions and criminal defendants for support of law libraries, public defender services, work release programs and pretrial release programs shall be retained in the county collecting such fees, to be utilized for the purposes now or hereafter authorized by law;
(3) Any fees for counsel, masters, receivers or other court-appointed officials and other items of expense assessed and fixed by rule of the Supreme Court under authority granted by law may be collected; and
(4) Any fees assessed according to law for judicial administration or court administration funds may be collected and retained by the county collecting such fees.
(Acts 1975, No. 1205, p. 2384, §16-109.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 2 - Costs, Fees, Fines, etc., Generally. › Section 12-19-21 - Administrative Director of Courts to Prescribe Procedures for Collection and Distribution of Court Fees.

Section 12-19-21
Administrative Director of Courts to prescribe procedures for collection and distribution of court fees.
The Administrative Director of Courts shall prescribe procedures for the collection and distribution of court fees.
(Acts 1975, No. 1205, p. 2384, §16-132.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 2 - Costs, Fees, Fines, etc., Generally. › Section 12-19-22 - Assessment and Distribution of Fines, Costs and Fees in Cases Filed in Circuit or District Courts on or After January 16, 1977; Assessment and Distribution of Fines, Costs and Fees in Cases Filed Prior to January 16, 1977, in Circuit Courts and Courts Abolished; Transfer to Circuit Clerks of Costs, Fees, etc., Collected and in Possession on January 15, 1977, of Clerks of Courts Abolished.

Section 12-19-22
Assessment and distribution of fines, costs and fees in cases filed in circuit or district courts on or after January 16, 1977; assessment and distribution of fines, costs and fees in cases filed prior to January 16, 1977, in circuit courts and courts abolished; transfer to circuit clerks of costs, fees, etc., collected and in possession on January 15, 1977, of clerks of courts abolished.
(a) In all cases filed in the district or circuit court on or after January 16, 1977, fines, costs and fees shall be assessed and distributed according to this chapter.
(b) In all cases filed prior to January 16, 1977, in the circuit court or courts abolished by Acts 1975, No. 1205, all fines, costs and fees shall be assessed and distributed according to law in existence on date of filings, including moneys collected on or after January 16, 1977.
(c) All costs, fees and other funds collected by courts abolished by Acts 1975, No. 1205 and in the possession of clerks of such courts on January 15, 1977, shall be transferred to the circuit clerk of each county pursuant to rules of the Supreme Court.
(Acts 1975, No. 1205, p. 2384, §16-133.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 2 - Costs, Fees, Fines, etc., Generally. › Section 12-19-23 - Fees Collected From Proceeds of Judicial Sale; Payment Into General Fund; Application of Section.

Section 12-19-23
Fees collected from proceeds of judicial sale; payment into General Fund; application of section.
(a) For each judicial sale in any district or circuit court in this state a fee, which shall equal one percent of the sales price, shall be collected from the proceeds of such sale prior to any other distribution therefrom.
(b) The fee provided herein is in addition to any other fees or costs which may be authorized by law. Fees collected as herein prescribed shall be remitted to the State General Fund.
(c) This section shall apply to any judicial sale in any district or circuit court in this state made on or after October 1, 1984, provided the case was filed after January 15, 1977, and provided further that the provisions of this section shall not apply to any judicial sale in any probate court in this state.
(Acts 1980, No. 80-635, p. 1201; Acts 1981, No. 81-675, p. 1099, §2; Acts 1984, 1st Ex. Sess., No. 84-732, p. 68, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 2 - Costs, Fees, Fines, etc., Generally. › Section 12-19-25 - Applicability.

Section 12-19-25
Applicability.
(a) The increase in fees provided in this act shall in no instance operate to increase the municipal share of the docket fees collected in municipal ordinance cases in the district and circuit courts; any provision of the law to the contrary notwithstanding.
(b) Except for law library fees, the fees and costs prescribed in this act for circuit and district courts shall be exclusive of all other fees and costs that are prescribed by general law for such courts.
(c) The fees and costs provided herein shall be assessed and collected in all civil cases or proceedings filed on or after August 5, 1983 and in all criminal cases wherein the defendant is adjudicated guilty or pleads guilty or where a bond is forfeited and the result of the forfeiture is a final disposition case on or after August 5, 1983.
(Acts 1983, No. 83-744, p. 1225, §§19-21.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 2 - Costs, Fees, Fines, etc., Generally. › Section 12-19-26 - Administrative Fee for Periodic Payments; Payment to General Fund; Notice of Fee.

Section 12-19-26
Administrative fee for periodic payments; payment to General Fund; notice of fee.
(a) There is hereby imposed an administrative fee of $1.00 to be collected by the clerks of the circuit and district courts and the registers of the circuit courts for the receipt and disbursement of each periodic payment made to their offices under any order, decree or judgment of the circuit or district court which provides for periodic and continuing payments of alimony, child support, or court-ordered restitution, except for payments received from a responding state pursuant to Sections 30-4-80 through 30-4-98. Said fee shall be collected from the individual responsible for the periodic payments at the time each payment is receipted through the office of the clerk or register, whether such payment is collected for the benefit of a private individual or the state, including any department or agency thereof and whether the duty to collect such payments is imposed upon the clerk or register by statute, court rule or order of the court. Provided, however, that in the event the obligor fails to submit sufficient funds to cover the fee and the required payment at the time such payment is made, then said fee shall be deducted from the proceeds of the payment prior to any other distribution thereof, except in cases arising under Title IV-D of the Social Security Act, as amended, and the obligor shall be in default to the obligee for the amount so deducted. Said fee shall be remitted to the State General Fund.
(b) The clerks of the circuit and district courts and the registers of the circuit court shall provide written notice to each person who is currently under an obligation to make periodic payments as provided in subsection (a) if such obligation will continue beyond September 30, 1984, advising them of the administrative fee prescribed herein for the receipt and disbursement of each such payments. Said notice shall be served by first-class mail at the last known address of the obligor, and the date of mailing shall be noted on the case action summary of the underlying case for which said payments are being made. Said fee to become due and payable for any payment as prescribed in subsection (a) made on or after October 1, 1984.
(Acts 1984, 1st Ex. Sess., No. 84-732, p. 68, §§2, 3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 1 - General Provisions. › Section 12-19-40 - Posting of Lists of Fees by Probate Judges and Furnishing of Copies Thereof.

Section 12-19-40
Posting of lists of fees by probate judges and furnishing of copies thereof.
(a) Probate judges must keep posted, in a conspicuous place in their respective offices, a complete list of all the fees allowed by law to them and must furnish a copy thereof on application.
(b) Any probate judge who fails to comply with the provisions of subsection (a) of this section shall not be authorized to collect or receive any fee for services rendered during such failure.
(Code 1852, §§3064, 3065; Code 1867, §§3535, 3536; Code 1876, §§5018, 5019; Code 1886, §§3666, 3667; Code 1896, §§1354, 1355; Code 1907, §§3694, 3695; Code1923, §§7256, 7257; Code 1940, T. 11, §§2, 3; Acts 1975, No. 1205, p. 2384, §§16-136, 16-137.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 1 - General Provisions. › Section 12-19-41 - Preparation of Bills for Fees or Costs Generally - Officers.

Section 12-19-41
Preparation of bills for fees or costs generally - Officers.
All officers entitled to fees or costs must, on demand, make out a bill of such fees or costs, stating each item distinctly, and, except in cases where it is expressly authorized, no fee shall be charged for taxing costs or furnishing a copy of the bill.
(Code 1852, §§3054, 3058; Code 1867, §§3525, 3529; Code 1876, §§5008, 5012; Code 1886, §3671; Code 1896, §1359; Code 1907, §3699; Code 1923, §7261; Code 1940, T. 11, §5.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 1 - General Provisions. › Section 12-19-42 - Preparation of Bills for Fees or Costs Generally - Probate Judges.

Section 12-19-42
Preparation of bills for fees or costs generally - Probate judges.
It shall be the duty of the several probate judges to make out an itemized account for their official services before their fees are due and collectible.
(Code 1876, §5031; Code 1886, §3686; Code 1896, §1376; Code 1907, §3721; Code 1923, §7286; Code 1940, T. 11, §33.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 1 - General Provisions. › Section 12-19-43 - Payment of Fees for Services in Proceedings Before Judges of Probate; Security Deposits.

Section 12-19-43
Payment of fees for services in proceedings before judges of probate; security deposits.
(a) Fees allowed by law in connection with proceedings before probate judges shall be collected either at the time the pleading is filed in probate court or at the termination of the suit, as determined by the court. Fees for transcripts of papers filed in the case to which parties are entitled as of course, shall be due when the service is performed.
(b) In cases where appropriate, the court may order that security deposits be deposited into the probate court to cover expected court costs. Any unused security deposits shall be returned to the person who made the deposit.
(Code 1852, §§3051, 3057; Code 1867, §§3522, 3528; Code 1876, §§5005, 5011; Code 1886, §3668; Code 1896, §1356; Code 1907, §3696; Code 1923, §7258; Code 1940, T. 11, §4; Acts 1975, No. 1205, p. 2384, §16-138; Act 2017-293, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 1 - General Provisions. › Section 12-19-44 - Allowances for Ex Officio Services.

Section 12-19-44
Allowances for ex officio services.
Persons entitled to an allowance by the county commission for what are commonly called ex officio services shall, before the allowance is made, itemize such services and make oath thereto, as in the case of other claims against the county. The compensation allowed shall be the fair and reasonable value of the services, in no case to exceed $200.00 per annum, unless otherwise provided by law.
(Code 1876, §5025; Code 1886, §3675; Code 1896, §1363; Code 1907, §3703; Code 1923, §7265; Code 1940, T. 11, §9.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 1 - General Provisions. › Section 12-19-45 - Maintenance of Record Book of Fees Received by Probate Judges.

Section 12-19-45
Maintenance of record book of fees received by probate judges.
The probate judges must keep constantly in their offices, free to public inspection, a book in which must be entered all fees received by virtue of their office, stating for what and from whom received.
(Code 1852, §3067; Code 1867, §3538; Code 1876, §5021; Code 1886, §3678; Code 1896, §1366; Code 1907, §3706; Code 1923, §7268; Code 1940, T. 11, §30.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 1 - General Provisions. › Section 12-19-46 - Liability for Receiving Unauthorized Fees - Officers.

Section 12-19-46
Liability for receiving unauthorized fees - Officers.
Any officer authorized by law to take fees who knowingly receives any other or higher fees than are prescribed by law shall be liable to the party aggrieved for fourfold the fees so received, to be recovered in any court of competent jurisdiction.
(Code 1852, §3059; Code 1867, §3530; Code 1876, §5013; Code 1886, §3679; Code 1896, §1367; Code 1907, §3707; Code 1923, §7269; Code 1940, T. 11, §12.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 1 - General Provisions. › Section 12-19-47 - Liability for Receiving Unauthorized Fees - Probate Judges.

Section 12-19-47
Liability for receiving unauthorized fees - Probate judges.
(a) Any probate judge who knowingly receives any other or higher fees than are allowed by law shall forfeit $50.00, to be recovered in the name of the person aggrieved. Such sum, if recovered by a personal representative or guardian, shall be assets of the estate. This penalty shall be no bar to an indictment for extortion.
(b) Any probate judge who corruptly receives any fee or item of costs not authorized by law must, on conviction, be fined not less than $100.00 nor more than $500.00, and the grand jury must present an indictment, if justified by the evidence. Upon such conviction, the office shall be vacated and the fact of such conviction shall be certified to the Governor by the presiding judge.
(Code 1852, §§3066, 3068; Code 1867, §§3537, 3539; Code 1876, §§5020, 5022; Code 1886, §§3680, 3927; Code 1896, §§1368, 5104; Code 1907, §§3708, 5104; Code 1923, §§5047, 7270; Code 1940, T. 11, §§31, 32.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 1 - General Provisions. › Section 12-19-48 - Security for Costs in Suits by or for Nonresidents in Probate Courts.

Section 12-19-48
Security for costs in suits by or for nonresidents in probate courts.
The probate judge must take and approve security for costs in all suits within the jurisdiction of his court commenced by or for the use of a nonresident of this state.
(Code 1886, §2863; Code 1896, §1352; Code 1907, §3692; Code 1923, §7254; Code 1940, T. 11, §64; Acts 1975, No. 1205, p. 2384, §16-148.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 1 - General Provisions. › Section 12-19-49 - Assessment of Prepaid Fees as Costs Against Defendant; Execution for Prepaid Fees Assessed as Costs Against Defendant; Issuance of Execution Against Plaintiff for Unpaid Fees Where Execution Against Defendant Returned Indicating "No Property found."

Section 12-19-49
Assessment of prepaid fees as costs against defendant; execution for prepaid fees assessed as costs against defendant; issuance of execution against plaintiff for unpaid fees where execution against defendant returned indicating "no property found."
(a) Prepaid fees shall be assessed as additional costs of the proceedings when costs are assessed against the defendant.
(b) A plaintiff may have execution against a defendant for prepaid fees assessed as costs against a defendant by a final judgment.
(c) Execution may be had against a plaintiff when execution against a defendant for unpaid fees results in a sheriff's return indicating "no property found."
(Acts 1975, No. 1205, p. 2384, §16-116.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 1 - General Provisions. › Section 12-19-50 - Issuance of Execution Against Plaintiff or Appellant for Own Costs; Issuance of Execution Against Sheriff, etc., Failing to Return, Levy, or Collect Execution Issued Against Plaintiff or Appellant for Costs.

Section 12-19-50
Issuance of execution against plaintiff or appellant for own costs; issuance of execution against sheriff, etc., failing to return, levy, or collect execution issued against plaintiff or appellant for costs.
(a) The Clerk of the Supreme Court, clerks of the courts of appeals, clerks of the circuit courts and probate judges, upon return of an execution "no property found" against the defendant by the proper officer of the county in which the judgment was entered, or, if the execution is from the Supreme Court or courts of appeals, of the county from which the case was brought, may issue execution against the plaintiff or appellant, as the case may be, for the costs actually created by the plaintiff or appellant, but for none other, to be collected and returned as other executions.
(b) Judgment may be entered on motion in the circuit court of such county, in the name of the clerk or probate judge issuing the execution, against the sheriff or his sureties, or either of them, upon three days' notice, for dereliction of duty on the part of the sheriff for failing to return, levy or collect such execution so issued against the plaintiff or against the plaintiff and his sureties or against the appellant or against the appellant and his sureties for such costs, as follows:
(1) Twenty percent upon the amount of the execution for failing to return same;
(2) For failing to collect the amount of such execution when the same could have been collected by said sheriff by the use of reasonable diligence, the full amount of such execution and 10 percent on the amount thereof as damages; and
(3) For failure to pay over the amount collected thereon, the full amount of the sum so collected and not paid over and five percent per month damage for each month after demand.
(Code 1852, §3060; Code 1867, §3531; Code 1876, §5014; Code 1886, §3673; Code 1896, §1361; Code 1907, §3701; Code 1923, §7263; Code 1940, T. 11, §7; Acts 1975, No. 1205, p. 2384,§16-140.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 1 - General Provisions. › Section 12-19-51 - Submission of Cost Bill by District Court Clerk, Payment of Circuit Court Docket Fee and Making of Final Assessment of Costs in Circuit Court Upon Appeals From District Courts to Circuit Courts.

Section 12-19-51
Submission of cost bill by district court clerk, payment of circuit court docket fee and making of final assessment of costs in circuit court upon appeals from district courts to circuit courts.
If an appeal to the circuit court is taken in a civil case, the clerk in making records available to the circuit court shall submit a cost bill from the district court and the final assessment of cost will be made in the circuit court.
The appellant shall pay the circuit court docket fee and all unpaid court costs from both district court and circuit court will be assessed as costs on final judgment.
(Acts 1975, No. 1205, p. 2384, §16-115.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 1 - General Provisions. › Section 12-19-52 - Recovery of Full Costs by Defendant Upon Showing of Usurious Interest.

Section 12-19-52
Recovery of full costs by defendant upon showing of usurious interest.
If it shall be made to appear that usurious interest has been intentionally taken or reserved, the defendant shall recover full costs.
(Code 1852, §2377; Code 1867, §2781; Code 1876, §3130; Code 1886, §2839; Code 1896, §1328; Code 1907, §3665; Code 1923, §7225; Code 1940, T. 11, §69.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 1 - General Provisions. › Section 12-19-53 - Entry of Judgment for Costs When Judgment in Action Entered Against Nominal Plaintiff.

Section 12-19-53
Entry of judgment for costs when judgment in action entered against nominal plaintiff.
When judgment is entered against the plaintiff in any action brought in the name of a nominal plaintiff for the use of another, judgment for costs must be entered against the beneficiary or his personal representative.
(Code 1852, §2383; Code 1867, §2787; Code 1876, §3136; Code 1886, §2845; Code 1896, §1330; Code 1907, §3667; Code 1923, §7227; Code 1940, T. 11, §71.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 1 - General Provisions. › Section 12-19-54 - Proceedings for Retaxation of Excessive Costs in Probate Courts.

Section 12-19-54
Proceedings for retaxation of excessive costs in probate courts.
(a) If the taxation of costs by a probate court is excessive by charging the costs of witnesses who were not examined, by charging costs to an improper party or by taxing costs contrary to law, the party aggrieved may move the court for a retaxation, setting forth the particulars in which the clerk has erred. This section shall apply to costs taxed in probate courts in all cases and proceedings where such courts have jurisdiction, and any aggrieved party to any case or proceeding may move the circuit court in the county where such case or proceeding is pending for a retaxation of such costs, setting forth the particulars wherein such probate court costs were improperly taxed. Such motion may be heard on five days' notice to the officers or persons claiming said fees or costs, and the same shall be passed on by the judge as other motions are heard and passed upon. From a judgment or order refusing or granting any motion made under this section, an appeal lies to the Supreme Court as in other cases.
(b) If execution has issued in any such case, the party complaining thereof, or his attorney, may file a written application with the clerk, which must be spread upon the motion docket, for a retaxation of the costs, setting forth in what the alleged error consists, and the clerk must issue an order to the sheriff directing him to abstain from the collection of the disputed items of cost until the further order of the court on said application for a retaxation thereof.
(Code 1852, §§2394, 2395; Code 1867, §§2799, 2800; Code 1876, §§3146, 3157; Code 1886, §§2855, 2856; Code 1896, §§1344, 1345; Code 1907, §§3684, 3685; Acts 1911, No. 83, p. 90; Code 1923, §§7247, 7248; Code 1940, T. 11, §§77, 78.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 2 - Court Fees. › Section 12-19-73 - Circuit and District Court Defendant Service Fees.

Section 12-19-73
Circuit and district court defendant service fees.
(a) The following defendant service fees shall be collected in civil cases in circuit court and district court: For each defendant in excess of one, where personal service is required, there shall be collected a service fee of $10.00; provided, however, where service on any defendant is by publication or by registered mail, the actual cost of such service shall be collected as the service fee. All service fees shall be paid at the time of filing; except, that prepayments shall not be required if the court finds that payment of such fee will constitute a substantial hardship. A verified statement, signed by the plaintiff and approved by the court, shall be filed with the clerk of court attesting to such substantial hardship.
(b) Fees for personal service collected in civil cases shall be distributed as follows: The first $3.00 of each such service fee shall be paid to the county general fund, and the balance thereof shall be paid to the State General Fund.
(Acts 1975, No. 1205, p. 2384, §§16-113, 16-114; Acts 1976, No. 564, p. 763; Acts 1983, No. 83-744, p. 1225, §3; Acts 1987, No. 87-405, p. 575, §3.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 2 - Court Fees. › Section 12-19-74 - Circuit and District Court Fee for Service of Witness Subpoenas.

Section 12-19-74
Circuit and district court fee for service of witness subpoenas.
(a) In civil cases in circuit court and district court, for the issuance of witness subpoenas a fee of twelve dollars ($12) shall be collected for each subpoena. Subpoena fees shall be paid at the time the subpoena is requested unless the court has approved an affidavit of substantial hardship on behalf of the party requesting the subpoena(s).
(b) Seven dollars fifty cents ($7.50) of each subpoena fee collected in civil cases in circuit and district court shall be distributed to the county general fund and four dollars fifty cents ($4.50) shall be distributed to the State General Fund, one dollar fifty cents ($1.50) of which shall be for judicial and public safety functions
(Acts 1975, No. 1205, p. 2384, §§16-113, 16-114; Acts 1976, No. 564, p. 763; Acts 1983, No. 83-744, p. 1225, §4; Acts 1987, No. 87-405, p. 575, §4; Act 2004-636, p. 1452, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 2 - Court Fees. › Section 12-19-75 - Circuit and District Court Attachment, Garnishment, and Execution Fees.

Section 12-19-75
Circuit and district court attachment, garnishment, and execution fees.
(a) In civil cases in circuit court and district court there shall be collected a fee for the initiation of each of the following postjudgment proceedings: Attachment, garnishment, and execution. The fee for such proceeding shall be paid at the time the proceeding is initiated.
(b) The amounts of the postjudgment fees shall be as follows:
(1) Twenty-eight dollars ($28) for attachment;
(2) Twenty-eight dollars ($28) for garnishment; and
(3) Twenty-eight dollars ($28) for execution.
(c) The postjudgment fees collected in civil cases shall be distributed as follows:
(1) Twenty-two dollars seventy-five cents ($22.75) of the attachment fee to the State General Fund, ten dollars seventy-five cents ($10.75) of which shall be for judicial and public safety functions; five dollars twenty-five cents ($5.25) of the attachment fee to the county general fund.
(2) Twenty-two dollars seventy-five cents ($22.75) of the garnishment fee to the State General Fund, ten dollars seventy-five cents ($10.75) of which shall be for judicial and public safety functions; five dollars twenty-five cents ($5.25) of the garnishment fee to the county general fund.
(3) Twenty-one dollars forty cents ($21.40) of the execution fee to the State General Fund, sixteen dollars forty cents ($16.40) of which shall be for judicial and public safety functions; six dollars sixty cents ($6.60) of the execution fee to the county general fund.
(Acts 1975, No. 1205, p. 2384, §§16-113, 16-114; Acts 1976, No. 564, p. 763; Acts 1983, No. 83-744, p. 1225, §5; Acts 1987, No. 87-405, p. 575, §5; Act 2004-636, p. 1452, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 2 - Court Fees. › Section 12-19-76 - Circuit Court Fee for Filing of Report of Sale of Abandoned Motor Vehicle.

Section 12-19-76
Circuit court fee for filing of report of sale of abandoned motor vehicle.
Repealed by Act 2006-414, p. 1027, §2, effective July 1, 2006.
(Acts 1976, No. 564, p. 763; Act 2003-402, p. 1170, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 3 - Officers' Fees. › Section 12-19-90.1 - Limitation on Probate Judges' Income When on Fee Basis.

Section 12-19-90.1
Limitation on probate judges' income when on fee basis.
Repealed by Act 2000-108, p. 148, §8, effective October 1, 2000.
(Acts 1984, No. 84-446, p. 1040, §8.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 3 - Officers' Fees. › Section 12-19-91 - Clerks of Supreme Court or Courts of Appeals.

Section 12-19-91
Clerks of Supreme Court or courts of appeals.
(a) The clerks of the courts of appeal shall be entitled to receive the following fees for the following services, to be paid to the treasurer as provided in this article:
(1) Docketing each case ..... $ .30
(2) Entering each appearance, to include all attorneys appearing on the same side for the same parties ..... .30
(3) Each bond ..... .50
(4) Each appeal ..... .50
(5) Each order ..... .50
(6) Each continuance ..... .25
(7) Each judgment ..... 1.00
(8) Each mandate or certificate to the court below ..... 2.00
(9) Each writ in the nature of scire facias, certiorari, mandamus, prohibition or other similar writ ..... 1.00
(10) Filing the same with return ..... .20
(11) Each writ of execution ..... 1.00
(12) Taxing costs, copying and entering satisfaction ..... .85
(13) Copying opinions, record or paper, in his office, for each 100 words ..... .15
(14) In each case an additional fee of ..... 4.00
(b) For petitions for certiorari to the Court of Criminal Appeals, the Clerk of the Supreme Court shall be entitled to receive as assessment of costs the amount of $25.00.
(c) The docket fee as hereinafter prescribed shall be paid to the clerk of the appropriate appellate court, unless otherwise excepted, as follows:
(1) Appeals in civil cases, review by certiorari in workers' compensation cases, and review by certiorari of the decisions and judgments of trial courts in cases where review by appeal is not provided for and from decisions of boards and agencies where review by petition in the appropriate appellate court is provided by law, the docket fee to be paid at the time of the filing of the petition or notice of appeal ..... $100.00.
(2) The docket fee herein prescribed shall be in lieu of all other court costs in the particular proceeding before the appellate court unless otherwise set by the court, and may be taxed as costs.
(Code 1852, §3045; Code 1867, §3516; Code 1876, §5029; Code 1886, §3684; Code 1896, §1374; Code 1907, §3719; Code 1923, §7284; Code 1940, T. 11, §28; Acts 1983, No. 83-744, p. 1225, §18; Acts 1984, No. 84-259, p. 431, §1; Act 2014-346, p. 1289, §1(b)(2).)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 3 - Officers' Fees. › Section 12-19-92 - Constables' Fees Generally; Exception as to Jefferson County.

Section 12-19-92
Constables' fees generally; exception as to Jefferson County.
(a) Constables shall be entitled to the following fees for the following services in civil cases in which the amount in controversy is less than $20.00:
(1) Serving summons
$.50
(2) Summoning each witness
.25
(3) Levying an attachment for not more than $50.00
.75
(4) Levying an attachment for more than $50.00
1.00
(5) Levying an execution for not more than $50.00
.50
(6) Levying an execution for more than $50.00
1.00
(7) Making money on execution, two percent on the amount collected, but in no case less than
.50
(8) Serving notice on each party therein named
.25
(9) Serving notice in the nature of scire facias
.50
(10) Taking any bond required by law
.50
(11) Keeping property levied on, such sum as a judge may order to be paid out of the money in the hands of the constable arising from the sale
(12) In cases of forcible entry and detainer, and unlawful detainer, for serving summons and writ
1.00
(13) For executing writ of restitution in such cases
2.00
(14) For other services in such cases, the same fees as in other cases
(b) In civil cases, the fees of constables shall be the same as the sheriff's fees on December 18, 1973, when performing the same or like services, where the amount in controversy is twenty dollars ($20) or more, except in Jefferson County where constables shall receive an administrative fee of ten dollars ($10) for each process or alias process issued to the constable and a fee of ten dollars ($10) for actual service of each process, and a gasoline allowance of ten dollars ($10) for the actual service of each process.
(Code 1852, §3050; Code 1867, §3521; Code 1876, §5034; Code 1886, §3690; Code 1896, §1380; Code 1907, §3725; Code 1923, §7290; Code 1940, T. 11, §39; Acts 1975, No. 1205, p. 2384, §16-145; Acts 1979, No. 79-745, p. 1321; Acts 1985, 2nd Ex. Sess., No. 85-977, p. 324; Acts 1987, No. 87-784, p. 1536; Act 99-529, p. 1155, §1; Act 2015-352, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 3 - Officers' Fees. › Section 12-19-93 - Coroners' Fees Generally.

Section 12-19-93
Coroners' fees generally.
The coroners shall be entitled to receive, for services rendered by them in civil cases, the same fees as were allowed to sheriffs for like services on December 18, 1973.
(Code 1886, §3688; Code 1896, §1378; Code 1907, §3723; Code 1923, §7288; Code 1940, T. 11, §37; Acts 1975, No. 1205, p. 2384, §16-144.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 3 - Officers' Fees. › Section 12-19-94 - Fees Due Constables and Coroners for Services in Connection With Circuit and District Court Proceedings.

Section 12-19-94
Fees due constables and coroners for services in connection with circuit and district court proceedings.
Fees due to constables and coroners for services in connection with district and circuit court proceedings shall be payable from the county treasury upon a sworn statement certified by the circuit clerk and shall not affect the collection and distribution of uniform fees.
(Acts 1975, No. 1205, p. 2384, §16-113; 1976, No. 564, p. 763.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 3 - Officers' Fees. › Section 12-19-95 - Collection, etc., of Commissions on Costs on Executions by Coroners or Constables Generally.

Section 12-19-95
Collection, etc., of commissions on costs on executions by coroners or constables generally.
No coroner or constable shall collect or reserve commissions on costs taxed in an execution put in his hands. The commissions allowed by law shall be collected or received only on the principal, damages and interest of the execution.
(Code 1852, §3062; Code 1867, §3533; Code 1876, §5016; Code 1886, §3672; Code 1896, §1360; Code 1907, §3700; Code 1923, §7262; Code 1940, T. 11, §6; Acts 1975, No. 1205, p. 2384, §16-139.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 3 - Officers' Fees. › Section 12-19-96 - When Coroners or Constables Entitled to Receive Full Commissions.

Section 12-19-96
When coroners or constables entitled to receive full commissions.
Coroners or constables shall not be entitled to full commissions until after actual levy of execution on property of the defendant and the money made or paid to the plaintiff in execution, and then only on the amount actually collected or paid.
(Code 1852, §3055; Code 1867, §3526; Code 1876, §5009; Code 1886, §3669; Code 1896, §1357; Code 1907, §3697; Code 1923, §7259; Code 1940, T. 11, §35; Acts 1975, No. 1205, p. 2384, §16-142.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 3 - Officers' Fees. › Section 12-19-97 - When Coroners or Constables Entitled to Receive Only Half Commissions.

Section 12-19-97
When coroners or constables entitled to receive only half commissions.
When the coroner or constable has levied execution and, before sale, it is stayed by order of the plaintiff, the coroner or constable so levying shall receive only half commission.
(Code 1852, §3056; Code 1867, §3527; Code 1876, §5010; Code 1886, §3670; Code 1896, §1358; Code 1907, §3698; Code 1923, §7260; Code 1940, T. 11, §36; Acts 1975, No. 1205, p. 2384, §16-143.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 3 - Officers' Fees. › Section 12-19-98 - Fees, etc., for Keeping Indexes Not Allowed.

Section 12-19-98
Fees, etc., for keeping indexes not allowed.
Clerks of the circuit courts and registers of the circuit courts are prohibited from receiving any fees or allowances out of the county treasury for keeping direct and reverse indexes to books and records required by law.
(Code 1876, §5023; Code 1886, §3674; Code 1896, §1362; Code 1907, §3702; Code 1923, §7264; Code 1940, T. 11, §8.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 4 - Jurors' Fees. › Section 12-19-110 - Circuit Court.

Section 12-19-110
Circuit court.
Regular and tales jurors serving in the circuit court in civil cases are entitled to the same fees and allowances as provided by law for criminal cases, to be evidenced and paid in the same manner.
(Code 1852, §794; Code 1867, §§3467, 4345; Code 1876, §§5049, 5056; Code 1886, §3691; Code 1896, §1381; Code 1907, §3726; Code 1923, §7291; Code 1940, T. 11, §14.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 4 - Jurors' Fees. › Section 12-19-111 - Probate Court - Generally.

Section 12-19-111
Probate court - Generally.
Jurors in the probate court are entitled to the same pay as in the circuit court, except as otherwise provided in this article, upon the certificate of the probate judge stating the number of miles traveled and the amount of compensation to which they are entitled, to be paid in the same manner as jurors in the circuit court.
(Code 1876, §5064; Code 1886, §3696; Code 1896, §1386; Code 1907, §3729; Code 1923, §7294; Code 1940, T. 11, §17.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 4 - Jurors' Fees. › Section 12-19-112 - Probate Court - Ad Quod Damnum Proceedings.

Section 12-19-112
Probate court - Ad quod damnum proceedings.
The viewing jurors in cases of erection of dams and establishment of public mills and all jurors summoned under writs of ad quod damnum are each entitled to $5.00 per day, to be paid by the applicant before return of verdict.
(Code 1852, §2114; Code 1867, §2506; Code 1876, §5052; Code 1886, §3693; Code 1896, §1383; Code 1907, §3727; Code 1923, §7292; Code 1940, T. 11, §15; Acts 1951, No. 625, p. 1079, §1.)
2023 Code of Alabama › Title 12 - Courts. › Chapter 19 - Court Finances. › Article 3 - Costs and Fees in Civil Cases. › Division 4 - Jurors' Fees. › Section 12-19-113 - Probate Court - Proceedings to Pass Upon Soundness of Mind of Person.

Section 12-19-113
Probate court - Proceedings to pass upon soundness of mind of person.
Jurors summoned under the provisions of this code to pass upon the soundness of mind of a person, with a view to the appointment of a guardian, are each entitled to receive $5.00 per day of attendance, to be paid on the certificate of the probate judge in the same manner as regular jurors are paid.
(Code 1852, §2763; Code 1867, §3202; Code 1876, §5054; Code 1886, §3695; Code 1896, §1385; Code 1907, §3728; Code 1923, §7293; Code 1940, T. 11, §16; Acts 1951, No. 625, p. 1079, §2; Acts 1975, No. 1205, p. 2384, §16-141.)