Title 6 — Civil Practice

Chapter 1 General Provisions

§ 6-1-1 Practice and Procedure in Certain Courts Not Affected by Repeal, Etc., of Prior Statutes; Rules of Supreme Court Not Affected by Adoption of Code

(a) Statutes in effect immediately prior to the adoption of this Code relating to practice and procedure in any court of this state in which the practice and procedure is not governed by the Alabama Rules of Civil Procedure shall not be repealed, altered, amended, modified, or otherwise affected by the adoption of this Code; provided, that this section shall not be construed to prevent the repeal, amendment, or modification of any such statutes by act of the Legislature or by rules promulgated by the Supreme Court of Alabama.

(b) The adoption of the 1975 Code of Alabama shall not repeal, alter, amend, or modify any rule governing civil procedure heretofore promulgated by the Supreme Court of Alabama.

(Acts 1977, No. 20, §2.)

§ 6-1-2 Effect of Rules of Supreme Court of Alabama

Any provisions of this title regulating procedure shall apply only if the procedure is not governed by the Alabama Rules of Civil Procedure, the Alabama Rules of Appellate Procedure, or any other rule of practice and procedure as may be adopted by the Supreme Court of Alabama.

(Acts 1977, No. 20, §2.)

§ 6-1-3 Rules for Expedited Civil Actions Under Certain Circumstances

(a) The Supreme Court shall adopt guidelines to promote the prompt, efficient, and cost-effective resolution of civil actions. The guidelines shall: (1) apply to civil actions in circuit courts in which the amount in controversy, inclusive of all claims for damages of any kind, whether actual or exemplary, a penalty, attorney’s fees, expenses, costs, interest, or any other type of damage of any kind, does not exceed fifty thousand dollars ($50,000); and (2) address the need for lowering discovery costs in these actions and the procedure for ensuring that these actions will be expedited in the civil justice system.

(b) The Supreme Court may not adopt guidelines under this section that conflict with any of the following state laws or procedures:

(1) Domestic relations and family law.

(2) Property law.

(3) Tax law.

(Act 2012-492, p. 1437, §§1, 2.)

Chapter 2 Limitation of Actions

Article 1 General Provisions

§ 6-2-1 Applicability of Chapter - Generally

This chapter shall apply to and govern claims in all courts, and shall apply whether the claim upon which an action is commenced is based upon a debt or obligation of either legal or equitable nature.

(Acts 1915, No. 487, p. 547; Code 1923, §8955; Code 1940, T. 7, §31.)

§ 6-2-2 Applicability of Chapter - Exceptions

(a) This chapter shall not affect Section 43-2-113 insofar as it relates to claims against the heir, legatee, or devisee.

(b) The limitations provided in this chapter do not apply to such actions as concern the trade of merchandise between merchants and merchants, or their agents and factors, while the accounts between them are current.

(c) The provisions of this chapter do not apply to actions to enforce the payment of bills, notes, or other evidences of debt issued or put in circulation as money.

(d) This chapter shall not apply to any liens to secure the payment of taxes or liens arising out of the signing of any bond by any public official.

(e) This chapter shall not apply to negotiable instruments which are governed by Sections 7-3-118 and 7-4-111.

(Code 1852, §§2488, 2901; Code 1867, §§2912, 2925; Code 1876, §§3238, 3251; Code 1886, §§2626, 2639; Code 1896, §§2809, 2824; Code 1907, §§4848, 4863; Acts 1915, No. 487, p. 547; Code 1923, §§8954, 8956, 8962, 8977; Code 1940, T. 7, §§32, 38, 49, 52; Acts 1995, No. 95-668, p. 1381, §4.)

§ 6-2-3 Accrual of Claim - Fraud

In actions seeking relief on the ground of fraud where the statute has created a bar, the claim must not be considered as having accrued until the discovery by the aggrieved party of the fact constituting the fraud, after which he must have two years within which to prosecute his action.

(Code 1852, §2492; Code 1867, §2916; Code 1876, §3242; Code 1886, §2630; Code 1896, §2813; Code 1907, §4852; Code 1923, §8966; Code 1940, T. 7, §42; Acts 1984, 2nd Ex. Sess., No. 85-39, p. 40, §2.)

§ 6-2-4 Accrual of Claim - Right of Entry

When a right of entry on lands accrues, the entry must be considered as having been made and the claim as having then accrued.

(Code 1852, §2482; Code 1867, §2906; Code 1876, §3232; Code 1886, §2620; Code 1896, §2803; Code 1907, §4842; Code 1923, §8952; Code 1940, T. 7, §50.)

§ 6-2-5 Right of Entry Not Tolled

The right of entry is not tolled by a descent cast.

(Code 1852, §2483; Code 1867, §2907; Code 1876, §3233; Code 1886, §2621; Code 1896, §2804; Code 1907, §4843; Code 1923, §8957; Code 1940, T. 7, §33.)

§ 6-2-6 Commencement of Limitation - Principal Against Deputy or Agent

When an injury arises from the act or omission of a deputy or agent, the time for the limitation of an action by the principal against such deputy or agent does not commence to run until the liability of the principal for the act or omission of such deputy or agent is ascertained by an action of the party aggrieved against the principal.

(Code 1852, §2496; Code 1867, §2920; Code 1876, §3246; Code 1886, §2634; Code 1896, §2819; Code 1907, §4858; Code 1923, §8972; Code 1940, T. 7, §44.)

§ 6-2-7 Commencement of Limitation - Where Demand Necessary for Action

When a right exists but a demand is necessary to entitle the party to an action against any officer, agent, or attorney, the limitation commences from the commission or omission of the act giving the right of action and not from the date of the demand.

(Code 1852, §2491; Code 1867, §2915; Code 1876, §3241; Code 1886, §2629; Code 1896, §2812; Code 1907, §4851; Code 1923, §8965; Code 1940, T. 7, §41.)

§ 6-2-8 Suspension of Limitation - Disabilities

(a) If anyone entitled to commence any of the actions enumerated in this chapter, to make an entry on land or enter a defense founded on the title to real property is, at the time the right accrues, below the age of 19 years, or insane, he or she shall have three years, or the period allowed by law for the commencement of an action if it be less than three years, after the termination of the disability to commence an action, make entry, or defend. No disability shall extend the period of limitations so as to allow an action to be commenced, entry made, or defense made after the lapse of 20 years from the time the claim or right accrued. Nothing in this section shall be interpreted as denying any imprisoned person the right to commence an action enumerated in this chapter and to make any proper appearances on his or her behalf in such actions.

(b) If anyone entitled to commence any of the actions enumerated in this chapter is, at the time the right accrues, below the age of 19 years, or insane, and the injury upon which the action is based arises from a sex offense as described in Section 15-20A-5, he or she shall have six years after the termination of the disability to commence the action.

(c) When both disabilities coexist at the time the claim accrued, the limitation does not attach until both are removed.

(d) A disability which did not exist when a claim accrued does not suspend the operation of the limitation unless the contrary is expressly provided.

(Code 1852, §§2498, 2499; Code 1867, §§2922, 2923; Code 1876, §§3236, 3248, 3249; Code 1886, §§2624, 2636, 2637; Code 1896, §§2807, 2821, 2822; Code 1907, §§4846, 4860, 4861; Code 1923, §§8960, 8974, 8975; Code 1940, T. 7, §§36, 46, 47; Acts 1996, No. 96-641, p. 1022, §1; Act 2019-480, §1.)

§ 6-2-9 Suspension of Limitation - Claims Against Estates

Where a claim against the estate of a decedent has been duly presented, the limitation for the commencement of an action thereon is suspended until the personal representative, heir, or devisee of such decedent shall, by notice in writing, dispute the validity of such claim in whole or in part.

(Code 1896, §2817; Code 1907, §4856; Code 1923, §8970; Acts 1939, No. 517, p. 806; Code 1940, T. 7, §30.)

§ 6-2-10 Computation of Time - Absence of Person from State

When any person is absent from the state during the period within which an action might have been commenced against him, the time of such absence must not be computed as a portion of the time necessary to create a bar under this chapter.

(Code 1852, §2484; Code 1867, §2908; Code 1876, §3234; Code 1886, §2622; Code 1896, §2805; Code 1907, §4844; Code 1923, §8958; Code 1940, T. 7, §34.)

§ 6-2-11 Computation of Time - Nonmerchant Mutual Accounts

When there are mutual accounts between persons who are not merchants, time must be computed from the date of the last item unless the account is liquidated and a balance struck.

(Code 1852, §2489; Code 1867, §2913; Code 1876, §3239; Code 1886, §2627; Code 1896, §2810; Code 1907, §4849; Code 1923, §8963; Code 1940, T. 7, §39.)

§ 6-2-12 Computation of Time - Stays by Injunction or Statutory Prohibition

When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not computed as a part of the limitation time.

(Code 1852, §2497; Code 1867, §2921; Code 1876, §3247; Code 1886, §2635; Code 1896, §2820; Code 1907, §4859; Code 1923, §8973; Code 1940, T. 7, §45.)

§ 6-2-13 Computation of Time - Contracts During War

When the United States is at war with a foreign country and either party to a contract is a subject or citizen thereof, the time of the continuance of the war is not computed as part of the time limited for the commencement of an action.

(Code 1852, §2500; Code 1867, §2924; Code 1876, §3250; Code 1886, §2638; Code 1896, §2823; Code 1907, §4862; Code 1923, §8976; Code 1940, T. 7, §48.)

§ 6-2-14 Computation of Time - Granting of Letters Testamentary or Administration

The time between the death of a person and the grant of letters testamentary or of administration, not exceeding six months, is not to be taken as any part of the time limited for the commencement of actions by or against his executors or administrators.

(Code 1852, §2494; Code 1867, §2918; Code 1876, §3244; Code 1886, §2632; Code 1896, §2815; Code 1907, §4854; Code 1923, §8968; Code 1940, T. 7, §53.)

§ 6-2-15 Agreement or Stipulation to Limit Time Prescribed Void; Exception

Except as may be otherwise provided by the Uniform Commercial Code, any agreement or stipulation, verbal or written, whereby the time for the commencement of any action is limited to a time less than that prescribed by law for the commencement of such action is void.

(Code 1896, §2802; Code 1907, §4841; Code 1923, §8951; Code 1940, T. 7, §28; Acts 1965, No. 549, p. 811.)

§ 6-2-16 Sufficiency of Partial Payment or Written Promise to Remove Bar

No act, promise, or acknowledgment is sufficient to remove the bar to an action created by the provisions of this chapter, nor is such evidence of a new and continuing contract, except a partial payment, made upon the contract by the party sought to be charged before the bar is complete or an unconditional promise in writing signed by the party to be charged thereby.

(Code 1852, §2490; Code 1867, §2194; Code 1876, §3240; Code 1886, §2628; Code 1896, §2811; Code 1907, §4850; Code 1923, §8964; Code 1940, T. 7, §40.)

§ 6-2-17 Effect of Foreign Statutes Upon Actions on Contracts

When the statute of limitations of another state or foreign country has created a bar to an action upon a contract made or act done in such state or country while the party sought to be charged thereby was a resident of such state or country, the bar thus created is effectual in this state against any action commenced thereon in the same manner it would have been in the state or country where the act was done or contract made.

(Code 1852, §2487; Code 1867, §2911; Code 1876, §3237; Code 1886, §2625; Code 1896, §2808; Code 1907, §4847; Code 1923, §8961; Code 1940, T. 7, §37.)

Article 2 Time Provisions

§ 6-2-30 Commencement of Actions - Generally; Actions for Injuries Resulting from Exposure to Asbestos

(a) All civil actions must be commenced after the cause of action has accrued within the period prescribed in this article and not afterwards, unless otherwise specifically provided for in this code.

(b) A civil action for any injury to the person or rights of another resulting from exposure to asbestos, including asbestos-containing products, shall be deemed to accrue on the first date the injured party, through reasonable diligence, should have reason to discover the injury giving rise to such civil action. This subsection shall not apply to or affect in any way, actions referred to in Section 6-5-482.

(Code 1852, §2474; Code 1867, §2898; Code 1876, §3223; Code 1886, §2612; Code 1896, §2793; Code 1907, §4832; Code 1923, §8941; Code 1940, T. 7, §18; Acts 1980, No. 80-566, p. 876, §2.)

§ 6-2-31 Commencement of Actions - No Limitation

(a) There is no limitation of the time within which the state may commence actions for the recovery of any of the land mentioned in Section 6-6-281.

(b) There is no limitation of the time within which a county or municipal corporation may commence an action for the recovery of its lands.

(Code 1907, §§4830, 4831; Code 1923, §§4939, 4940; Code 1940, T. 7, §§16, 17.)

§ 6-2-32 Commencement of Actions - Twenty Years

Within 20 years, actions upon a judgment or decree of any court of this state, of the United States, or of any state or territory of the United States must be commenced.

(Code 1852, §2475; Code 1867, §2899; Code 1876, §3224; Code 1886, §2613; Code 1896, §2794; Code 1907, §4833; Code 1923, §8942; Code 1940, T. 7, §19.)

§ 6-2-33 Commencement of Actions - Ten Years

The following actions must be commenced within 10 years:

(1) Actions founded upon any contract or writing under seal.

(2) Actions for the recovery of lands, tenements or hereditaments, or the possession thereof, except as otherwise provided in this article.

(3) Motions and other actions brought by or on behalf of the State of Alabama, a county, a municipality, or another political subdivision of the state against sheriffs, coroners, constables, and other public officers for nonfeasance, misfeasance, or malfeasance in office.

(Code 1852, §2476; Code 1867, §2900; Code 1876, §3225; Code 1886, §2614; Code 1896, §2795; Code 1907, §4834; Code 1923, §8943; Code 1940, T. 7, §20; Acts 1996, No. 96-513, p. 657, §1.)

§ 6-2-34 Commencement of Actions - Six Years

The following must be commenced within six years:

(1) Actions for any trespass to person or liberty, such as false imprisonment or assault and battery;

(2) Actions for any trespass to real or personal property;

(3) Actions for the detention or conversion of personal property;

(4) Actions founded on promises in writing not under seal;

(5) Actions for the recovery of money upon a loan, upon a stated or liquidated account or for arrears of rent due upon a parol demise;

(6) Actions for the use and occupation of land;

(7) Motions and other actions against the sureties of any sheriff, coroner, constable, or any public officer and actions against the sureties of executors, administrators, or guardians for any nonfeasance, misfeasance, or malfeasance, whatsoever, of their principal, the time to be computed from the act done or omitted by their principal which fixes the liability of the surety;

(8) Motions and other actions against attorneys-at-law for failure to pay over money of their clients or for neglect or omission of duty; and

(9) Actions upon any simple contract or speciality not specifically enumerated in this section.

(Code 1852, §2477; Code 1867, §2901; Code 1876, §3226; Code 1886, §2615; Code 1896, §2796; Code 1907, §4835; Code 1923, §8944; Code 1940, T. 7, §21.)

§ 6-2-35 Commencement of Actions - Five Years

The following must be commenced within five years:

(1) Where lands have been sold under a judgment of a court of competent jurisdiction, all actions founded on an equity of redemption existing in any person not a party to the proceedings who claims under the mortgagor or grantor in the deed of trust; and

(2) Except as otherwise specifically provided for, all actions by the state or any subdivision thereof for the recovery of amounts claimed for licenses, other than business licenses defined in Section 11-51-90.1, municipal or county franchise taxes, or other taxes.

(Code 1852, §2478; Code 1867, §2902; Code 1876, §3227; Code 1886, §2616; Code 1896, §2797; Code 1907, §4836; Code 1923, §8945; Code 1940, T. 7, §22; Act 2006-586, p. 1548, §2.)

§ 6-2-36 Commencement of Actions - Four Years

Within four years, all actions or motions against any surety to any writ of error, appeal, replevy, or forthcoming bond executed in any case in any of the courts of the United States or of any other state or country except this state must be commenced.

(Code 1852, §2479; Code 1867, §2903; Code 1876, §3228; Code 1886, §2617; Code 1896, §2798; Code 1907, §4837; Code 1923, §8946; Code 1940, T. 7, §23.)

§ 6-2-37 Commencement of Actions - Three Years

The following must be commenced within three years:

(1) Actions to recover money due by open or unliquidated account, the time to be computed from the date of the last item of the account or from the time when, by contract or usage, the account is due; and

(2) Proceedings in any court of this state to disbar any attorney authorized to practice law in this state.

(Code 1852, §2480; Code 1867, §2904; Code 1876, §3229; Code 1886, §2618; Code 1896, §2799; Code 1907, §4838; Acts 1915, No. 814, p. 928; Code 1923, §8947; Code 1940, T. 7, §24.)

§ 6-2-38 Commencement of Actions - Two Years

(a) An action by a representative to recover damages for wrongful act, omission, or negligence causing the death of the decedent under Sections 6-5-391 and 6-5-410 must be commenced within two years from the death.

(b) All actions by common carriers of property subject to Chapter 3 of Title 37 for recovery of their charges, or any part thereof, shall be begun within two years from the time the cause of action accrues and not after.

(c) For recovery of charges, action shall be begun against common carriers of property by motor vehicles subject to this article within two years from the time the cause of action accrues and not after, except as provided in subsection (d) of this section; provided, that if claim for the overcharge has been presented in writing to the carrier within the two-year period of limitation, said period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim, or any part or parts thereof, specified in the notice.

(d) If on or before the expiration of the two-year period of limitation in subsection (c) of this section, a common carrier by motor vehicle subject to Chapter 3 of Title 37 begins action under subsection (c) of this section for recovery of charges in respect of the same transportation service or, without beginning action, collects charges in respect of that service, said period of limitation shall be extended to include 90 days from the time such action is begun or such charges are collected by the carrier.

(e) The cause of action in respect of a shipment of property shall, for the purpose of subsections (b) through (f) of this section, be deemed to accrue upon delivery or tender of delivery thereof by the carrier and not after.

(f) The term “overcharges” as used in subsections (b) through (e) of this section shall mean charges for transportation services in excess of those applicable thereto under the tariffs lawfully on file with the Public Service Commission.

(g) Any action brought under Section 25-5-11(b) must be brought within two years of such injury or death.

(h) All actions for malicious prosecution must be brought within two years.

(i) All actions for seduction must be brought within two years.

(j) All actions qui tam or for a penalty given by statute to the party aggrieved, unless the statute imposing it prescribes a different limitation, must be brought within two years.

(k) All actions of libel or slander must be brought within two years.

(l) All actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section must be brought within two years.

(m) All actions for the recovery of wages, overtime, damages, fees, or penalties accruing under laws respecting the payment of wages, overtime, damages, fees, and penalties must be brought within two years.

(n) All actions commenced to recover damages for injury to the person or property of another wherein a principal or master is sought to be held liable for the act or conduct of his agent, servant, or employee under the doctrine of respondeat superior must be brought within two years.

(o) All actions commenced under Section 6-5-411 to recover damages for injury or damage to property of a decedent must be brought within two years.

(p) If any action is commenced before the time limited has expired, judgment is entered for the plaintiff and such judgment is arrested or reversed on appeal, the plaintiff or his legal representative may commence an action again within one year from the reversal or arrest of such judgment though the period limited may in the meantime have expired; and in like manner, if more than one judgment is arrested or reversed, an action may be recommenced within one year.

(Code 1896, §2800; Code 1907, §4839; Code 1923, §8948; Code 1940, T. 7, §25; Acts 1953, No. 760, p. 1022, §§1-4; Acts 1984, 2nd Ex. Sess., No. 85-39, p. 40, §1.)

§ 6-2-40 Commencement of Actions - Six Months

No action shall be commenced to test the validity of any election held by any municipality of this state for the purpose of issuing bonds or levying taxes, nor to attack the issuance of bonds pursuant to such election, unless commenced within six months from the date of declaring the result of said election.

(Acts 1919, No. 54, p. 57; Code 1923, §8950; Code 1940, T. 7, §27.)

§ 6-2-41 Limitations on Claims to Charge Real Estate with Debts and Obligations of Decedent

(a) The real estate of persons dying testate or intestate shall, as against the rights of mortgagees or purchasers for value from the heirs or devisees, be forever discharged from the payment of all legal and equitable debts and obligations unless the persons, including minors and insane persons, owning such debts or benefited by said obligations shall within the time allowed by law, but in no event more than two years from the death of the deceased, file in the probate court of the county where said property is located a verified claim showing the nature and amount of said debts and obligations.

(b) Wherever there has been no executor or administrator appointed, then the person owning said debt or benefited by said obligation must, within three months after filing said claim, cause letters testamentary or of administration to be issued and proceed to subject said land to said debts or obligations.

(c) This section shall not apply to any lien which is expressly created or reserved in any conveyance which may be duly recorded in the probate court or probate office in the county in which the land is situated so as to give notice of said conveyance, nor to any judgments recorded as authorized.

(Acts 1915, No. 487, p. 547; Code 1923, §§8953, 8954; Code 1940, T. 7, §§51, 52.)

Chapter 3 Venue

Article 1 General Provisions

§ 6-3-1 Agreements Contrary to Article Void

Any agreement or stipulation, verbal or written, whereby the venue prescribed in this article is proposed to be altered or changed so that actions may be commenced contrary to the provisions of this article, is void.

(Code 1852, §2164; Code 1867, §2562; Code 1876, §2928; Code 1886, §2640; Code 1896, §4205; Code 1907, §6110; Acts 1923, No. 74, p. 53; Code 1923, §10467; Code 1940, T. 7, §54.)

§ 6-3-2 Venue of Actions - Against Individuals

(a) In proceedings of a legal nature against individuals:

(1) All actions for the recovery of land, of the possession thereof, or for a trespass thereto must be commenced in the county where the land or a material part thereof lies.

(2) All actions on contracts, except as may be otherwise provided, must be commenced in the county in which the defendant or one of the defendants resides if such defendant has within the state a permanent residence.

(3) All other personal actions, if the defendant or one of the defendants has within the state a permanent residence, may be commenced in the county of such residence or in the county in which the act or omission complained of may have been done or may have occurred.

(b) In proceedings of an equitable nature against individuals:

(1) All actions where real estate is the subject matter of the action, whether it is the exclusive subject matter of the action or not, must be commenced in the county where the same or a material portion thereof is situated.

(2) If the action is to enjoin proceedings on judgments in other courts, it may be commenced in the county in which such proceedings are pending or judgment entered.

(3) Except as may be otherwise provided, actions must be commenced in the county in which the defendant or a material defendant resides.

(4) In the case of nonresidents, actions must be commenced in the county where the subject of the action or any portion of the same was when the claim arose or the act on which the action is founded was to be performed.

(Code 1852, §§2164, 2875; Code 1867, §§2562, 3760; Code 1876, §§2928, 3760; Code 1886, §§2640, 3421; Code 1896, §§676, 4205; Code 1907, §§3093, 6110; Acts 1923, No. 74, p. 53; Code 1923, §§6524, 10467; Code 1940, T. 7, §§54, 294.)

§ 6-3-3 Venue of Actions - Work or Labor Done or Breaches of Easement or Right-of-Way Contracts

In all actions for work and labor done or breaches of contracts or covenants as to easements or rights-of-way, the action may be commenced in the county in which the work was done or in which the land is situated as to which the easement or right-of-way was granted.

(Code 1923, §10468; Code 1940, T. 7, §55.)

§ 6-3-4 Venue of Actions - Against Unincorporated Groups Issuing Insurance Policies

All unincorporated organizations or associations of every kind that issue policies or certificates of insurance of any kind to their members shall be subject to a civil action in any county where they do business or issue such policies or certificates, and the summons may be executed upon them by serving a copy of the summons and complaint upon any officer of such organization or association.

(Acts 1909, No. 142, p. 279; Code 1923, §10469; Code 1940, T. 7, §56.)

§ 6-3-5 Venue of Actions - Insurance Policies

[Repealed]

Repealed by Act 99-249, §2, effective July 24, 1999.

(Acts 1955, No. 366, p. 886.)

§ 6-3-6 Venue of Actions - Against Unincorporated Organization or Association

Action against an unincorporated organization or association may be commenced in any county where such organization or association does business or has in existence a branch or local organization.

(Acts 1921, Ex. Sess., No. 13, p. 14; Code 1923, §5726; Code 1940, T. 7, §57.)

§ 6-3-7 Venue of Actions - Against Foreign and Domestic Corporations

(a) All civil actions against corporations may be brought in any of the following counties:

(1) In the county in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of real property that is the subject of the action is situated; or

(2) In the county of the corporation’s principal office in this state; or

(3) In the county in which the plaintiff resided, or if the plaintiff is an entity other than an individual, where the plaintiff had its principal office in this state, at the time of the accrual of the cause of action, if such corporation does business by agent in the county of the plaintiff’s residence; or

(4) If subdivisions (1), (2), or (3) do not apply, in any county in which the corporation was doing business by agent at the time of the accrual of the cause of action.

(b) The residence of only any properly joined named class representative or representatives may be considered in determining proper venue in a class action. The residency of any putative or actual member of a class other than a named representative shall not be considered in determining proper venue for a class action.

(c) Anything to the contrary in Rule 82(c) of the Alabama Rules of Civil Procedure notwithstanding, in any action against a corporation, venue must be proper as to each and every named plaintiff joined in the action, unless the plaintiffs shall establish that they assert any right to relief jointly, severally, or arising out of the same transaction or occurrence and that the existence of a substantial number of questions of law or material fact common to all those persons not only will arise in the action, but also: (1) that such questions will predominate over individualized questions pertaining to each plaintiff; (2) the action can be maintained more efficiently and economically for all parties than if prosecuted separately; and (3) that the interest of justice supports the joinder of the parties as plaintiffs in one action. If venue is improper for any plaintiff joined in the action, then the claim of any such plaintiff shall be severed and transferred to a court where venue is proper. In the event severance and transfer is mandated and venue is appropriate in more than one court, a defendant sued alone or multiple defendants, by unanimous agreement, shall have the right to select such other court to which the action shall be transferred and, where there are multiple defendants who are unable to agree upon a transferee court, the court in which the action was originally filed may transfer the action to any such other court. Transfer of the action and notice thereof shall be in accord with Section 6-3-22.

(d) Notwithstanding Section 6-3-10, or any local laws relating to venue, in any county having two courthouses, the divisions shall be treated as two separate judicial districts for purposes of venue and for purposes of any change or transfer of venue, unless the jury venire is drawn from throughout the entire county.

(Code 1886, §2642; Code 1896, §4207; Code 1907, §6112; Acts 1919, No. 254, p. 240; Code 1923, §10471; Code 1940, T. 7, §60; Act 99-249, p. 362, §1.)

§ 6-3-8 Venue of Actions - Breach of Official Bond

(a) At the election of the Attorney General, all actions of summary proceedings by or for the use of the state founded on breach of the official bond of a state officer or a former state officer, of a tax collector or former tax collector, of a judge of probate or former judge of probate, of a tax assessor or former tax assessor, or clerk of the circuit court or former clerk of the circuit court may be commenced in the circuit court of Montgomery County or in a court of the county in which any one of the obligors in such bond may reside.

(b) An action on the official bond executed by a sheriff or any deputy sheriff may be commenced only in the county of residence of the principal or in the county in which he resided at the time of the execution of the same; provided, that if the act complained of was committed in some county other than the county in which he resided, then such action may be commenced in the county where such act was committed.

(Code 1876, §2830; Code 1886, §2643; Code 1896, §4208; Code 1907, §6113; Code 1923, §10472; Code 1940, T. 7, §§61, 61(1); Acts 1969, Ex. Sess., No. 203, p. 272.)

§ 6-3-9 Venue of Actions - Where Prison System Involved

All actions where the prison system or the state on account of the prison system is interested must be commenced in Montgomery County in any court having jurisdiction of the amount involved, except actions to condemn property under Section 18-1A-271, which must be commenced in the county where the property sought to be condemned is located. And if, on the trial of any case in any county, it is suggested by the Board of Corrections or is otherwise shown that the state is interested on account of the prison system, such case must be transferred to the proper court of Montgomery County. All actions commenced under this section must be commenced in the name of the state.

(Code 1886, §4650; Code 1896, §4518; Code 1907, §6570; Code 1923, §10473; Code 1940, T. 7, §62.)

§ 6-3-10 Local Laws in Counties Having Two Courthouses Unaffected

In all counties having two courthouses, the provisions of this chapter shall not affect any local laws relating to venue in force at the adoption of this Code.

(Code 1923, §10475; Code 1940, T. 7, §64.)

§ 6-3-11 Venue of Actions - Against Counties or Municipalities

The venue for all civil actions for damages for personal injury, death, or property damage filed against a county or against a municipality shall be in the county or in the county within which the municipality is located or in the county in which the act or omission complained of occurred.

(Acts 1987, No. 87-391, p. 560.)

Article 2 Change and Transfer

§ 6-3-20 One Change for Cause Permitted on Motion of a Party

Either party to a civil action may move the court to change the venue at any time before final trial, making affidavit that for causes set forth, he cannot have a fair and impartial trial in the county where the action is pending. The court may direct a change to the nearest county free from proper objection by either party, to be determined by affidavits and, whenever it will best secure the ends of justice, it may require the applicant to give bond and security for costs. The same party can have the venue changed but once.

(Code 1852, §2359; Code 1867, r§2761; Code 1876, §3114; Code 1886, §2645; Code 1896, §4210; Code 1907, §6116; Code 1923, §10476; Code 1940, T. 7, §65.)

§ 6-3-21 Transfer of Venue

A defendant in a civil action may move for a transfer of venue as provided in the Alabama Rules of Civil Procedure.

§ 6-3-21.1 Change or Transfer of Venue for Convenience of Parties and Witnesses or in Interest of Justice

(a) With respect to civil actions filed in an appropriate venue, any court of general jurisdiction shall, for the convenience of parties and witnesses, or in the interest of justice, transfer any civil action or any claim in any civil action to any court of general jurisdiction in which the action might have been properly filed and the case shall proceed as though originally filed therein. Provided, however, this section shall not apply to cases subject to Section 30-3-5.

(b) The right of a party to move for a change or transfer of venue pursuant to this statute is cumulative and in addition to the rights of a party to move for a change or transfer of venue pursuant to Section 6-3-20, Section 6-3-21, or Alabama Rules of Civil Procedure.

(Acts 1987, No. 87-181, p. 242, §1.)

§ 6-3-22 Certification and Delivery of Docket Sheet and Other Papers Upon Change or Transfer; Notice of Change or Transfer; Time for Answer

When a change or transfer of venue has been ordered pursuant to Section 6-3-20 or Section 6-3-21, the clerk of the court shall make a copy of the docket sheet in the action and shall certify under the seal of the court that the same is a true copy. The clerk shall envelope and securely seal the copy of the docket sheet, together with the orders, pleadings, motions, or other papers in the action, shall write his name across the seal and shall certify on the back of the envelope that the enclosed papers, numbered from 1 - __, include all the orders, pleadings, motions, or other papers in the action, naming it; and such signatures and certificates must be received as true until the contrary is shown. The clerk may deliver this package in person or send it by registered or certified mail, return receipt requested, to the clerk of the court to which such action has been changed or transferred, and, if not mutilated or defaced, it must be presumed to be as it came from the hands of the clerk of the court from which the action is changed or transferred. The clerk of the court to which such action has been changed or transferred shall cause notice of such change or transfer to be served on all parties of record as provided in the Alabama Rules of Civil Procedure. The time for answer by any defending party shall be governed by and shall be computed in accordance with the Alabama Rules of Civil Procedure; except, that said time period shall commence to run from the service of notice of change or transfer.

(Code 1852, §2363; Code 1867, §2766; Code 1876, §3116; Code 1886, §2647; Code 1896, §4212; Code 1907, §6118; Code 1923, §10478; Code 1940, T. 7, §§64(2), 68; Acts 1961, Ex. Sess., No. 76, p. 1953, §2; Acts 1967, No. 593, p. 1379.)

Chapter 4 Process

Article 1 General Provisions

§ 6-4-1 Time for Execution and Return

All original and mesne process, notices, citations and motions or actions in the nature of scire facias shall be executed instanter and, unless otherwise provided by law, shall be returned immediately upon the execution thereof by the officer executing the same; and all executions and venditioni exponas issuing from a court shall be made returnable 90 days after the issue thereof.

(Code 1923, §9444; Code 1940, T. 7, §344.)

§ 6-4-2 Execution - Adjoining County or Any Part of State

When the summons, subpoena, or other process issues to the sheriff of the county in which the defendant or person against whom the subpoena or other process is directed resides, he may execute it in an adjoining county if such parties are there found, or he may pursue them and execute it in any part of the state.

(Code 1852, §2173; Code 1867, §2572; Code 1876, §2936; Code 1886, §2658; Code 1896, §3279; Code 1907, §5315; Code 1923, §9440; Code 1940, T. 7, §342.)

§ 6-4-3 Execution - Coroner or Special Coroner

(a) When the office of sheriff is vacant and until his successor is qualified, when the sheriff is imprisoned or in cases in which the sheriff is a party, is interested or otherwise is incompetent to act, the summons must be directed to and executed by the coroner if such interest or cause appears on the face of the proceedings; and if such interest or cause does not appear on the face of the proceedings, the coroner must execute the summons, though directed to the sheriff, if the judge of probate, on proper showing by affidavit, directs the execution thereof by the coroner.

(b) When, in such cases, the coroner has not qualified or the office is vacant or when the coroner is absent from the county having no deputy therein, when the coroner is imprisoned or when he is a party to or interested in the action, the summons must be directed to and executed by a special coroner, to be appointed by the judge of probate.

(Code 1852, §2171; Code 1867, §2570; Code 1876, §2938; Code 1886, §2660; Code 1896, §3281; Code 1907, §5317; Code 1923, §9442; Code 1940, T. 7, §343.)

§ 6-4-4 Commencement of Action on Sunday

Whenever the plaintiff shall make an affidavit that he is informed and believes that the defendant is about to abscond or to remove out of the state, or is about to secrete himself so that service cannot be had upon him on the following day, he shall be allowed to file his complaint in any of the courts of this state on Sunday. Upon the filing thereof, a summons shall immediately issue and be served by the sheriff upon the defendant on the same day of its issuance, and if he cannot be found on that day, then it shall be served as any other summons and complaint.

(Code 1907, §5298; Code 1923, §9416; Code 1940, T. 7, §346.)

Article 2 Service

§ 6-4-20 Method Generally

Service of process, unless otherwise provided by law, shall be made as provided in the Alabama Rules of Civil Procedure.

(Code 1923, §9451; Code 1940, T. 7, §209; Acts 1977, No. 669, p. 1143.)

§ 6-4-21 Where No Other Provision for Service of Nonresident Minors or Insane Persons

Should there be no other provision by law or rule for service upon nonresident minors or insane persons and proof is made before the clerk, register, or judge of the court in which the proceeding is pending, he may direct in writing the mode of service or may appoint in writing a guardian ad litem for such person without service.

(Code 1923, §9449; Code 1940, T. 7, §339.)

§ 6-4-22 Deposit of Money for Postage and Registration

In all cases where service is to be made by publication or registered or certified mail, a sufficient sum of money must be deposited in advance with the clerk or judge to cover the expenses of such publication or the postage and registration fee, as the case may be.

(Code 1923, §9454; Code 1940, T. 7, §211.)

Chapter 5 Actions

Article 1 Actions by the State

§ 6-5-1 Right to Commence Actions - Generally

(a) The state may commence an action in its own name and is entitled to all remedies provided for the enforcement of rights between individuals without giving bond or security or causing an affidavit to be made, though the same may be required as if the action were between private citizens.

(b) The district attorney of the circuit in which an action by the state is pending must attend to the same on the part of the state, and the Governor of the state may employ assistant counsel if he deems it necessary. The written direction of the Governor to the attorney of record is sufficient authority for commencing such an action, and the trial judge may determine the amount of compensation. If unsuccessful, the state is liable for costs as individual parties are.

(c) Actions commenced by the state are to be governed by the same rules as in actions between individuals.

(Code 1852, §2137; Code 1867, §§2533, 3323; Code 1876, §§2902, 3755; Code 1886, §§2573, 3416; Code 1896, §§12, 671; Code 1907, §§2440, 3087; Code 1923, §§5644, 6518; Code 1940, T. 7, §§72, 292.)

§ 6-5-2 Right to Commence Actions - in Foreign Jurisdictions

The Governor may, whenever the interests of the state may require, order and direct actions to be commenced in the name of the state in any foreign jurisdiction for the recovery of any moneys due or owing to the state or upon any claim or demand on which the state is entitled to commence an action; and, for the prosecution of such actions, he may employ counsel and may, for such sum as is necessary to pay the costs or expenses thereof, order the Comptroller to draw a warrant on the Treasury.

(Code 1886, §79; Code 1896, §3762; Code 1907, §2450; Code 1923, §5654; Code 1940, T. 7, §80.)

§ 6-5-3 Right to Commence Actions - by Successor of Public Officer

When any public officer shall die or in any way go out of office, all actions which shall or would have accrued to him in his official capacity may be commenced by his successor.

(Code 1923, §5656; Code 1940, T. 7, §82.)

§ 6-5-4 Recovery of Public Moneys, Funds or Property

(a) The Governor may cause actions to be commenced for the recovery of any public moneys, funds, or property of the state or of any county which have been lost by the neglect or default of any public officer, which have been wrongfully expended or disbursed by such officer, which have been wrongfully used by such officer, or which have been wrongfully received from him.

(b) In the event any public officer or agent of the state or any depositary or custodian of public funds or moneys has wrongfully used such funds or moneys, actions for the recovery thereof may be commenced before any court having jurisdiction of the subject matter; and it shall not be ground of objection to such an action that either, any, or all of the parties defendant do not reside within the county or within the district in which such action is commenced.

(c) Such action may be commenced in any court of competent jurisdiction; and such officer or agent, such depositary or custodian and the sureties on his official bond, or any one or more of them, may be joined as parties defendant; and any person who has wrongfully received such moneys or funds from such officer, agent, depositary, or custodian may also be joined as a party defendant.

(d) In aid of such an action and on application of the Governor, the Attorney General, district attorney, or attorney employed in the prosecution of such action showing just and legal cause, the court having jurisdiction shall direct the issue of writs of attachment, garnishment, seizure, ne exeat, or of any other proper writ or process which may be deemed necessary for the security of the state or to make effective the judgment in such action if it should be entered in favor of the state; and bond and security shall not be required of the state upon or for the issue of any such writ or process.

(e) Such writs may be levied on any and all property, real or personal, rights, or credits in which the party against whom the same may issue has any estate or any interest, legal or equitable, subject to the payment of the debt or demand preferred in such action and upon any and all property, real or personal, rights or credits which may have been conveyed, assigned, or transferred in fraud of creditors. The levy of such writ creates a lien from the day it is made. All property levied on may be replevied in the mode provided by law for the replevy of property on which an attachment is levied; and, if the property, or any part thereof, is not forthcoming to answer the judgment of the court, the replevin bond shall have the force and effect of a judgment for such sum as the court may order on motion, after notice to the obligors, any one or more of them, or their personal representatives if any one or more of them should be dead.

(f) The court shall have full power to make any and all such orders in reference to any other action which may be pending on the same claim or demand against any one or more of the defendants as justice may require, and the court may enter a final judgment against all of the defendants jointly or against them severally as the ends of justice may seem to require; and, for the making of all necessary orders or judgments in such an action, the court shall be deemed open at all times.

(g) If in the progress of such an action any matter of fact arises or any issue is presented which is properly triable by jury at any time within 10 days after such matter of fact or issue is shown by the pleadings, a trial by jury may be claimed by filing a written demand therefor. Such demand being filed, the court must order a jury to be summoned and impaneled at such time as it may appoint for the trial and determination of such matter of fact or issue, which trial shall in all respects be conducted as trials by jury are conducted in other civil cases. The verdict of the jury shall have the force and effect of other verdicts; and, for good cause, the court may set the verdict aside and order a new trial. If within the 10-day period a trial by jury is not claimed, the right thereto is waived; but the court may, in its discretion, order and direct such trial notwithstanding such waiver.

(Code 1886, §§72-78; Code 1896, §§3755-3761; Code 1907, §§2443-2449; Code 1923, §§5647-5653; Code 1940, T. 7, §§73-79.)

Article 2 Actions Against Counties

§ 6-5-20 Presentment of Claim to County Commission

(a) An action must not be commenced against a county until the claim has been presented to the county commission, disallowed or reduced by the commission and the reduction refused by the claimant.

(b) The failure or refusal of such a county commission to enter upon its minutes the disallowance or reduction of the claim for 90 days is a disallowance.

(c) Proof of the fact of presentation of such claim to such county commission may be made by parol evidence.

(Code 1852, §2141; Code 1867, §2537; Code 1876, §2903; Code 1886, §2574; Code 1896, §13; Code 1907, §2472; Code 1923, §5680; Code 1940, T. 7, §96.)

Article 3 Actions on Official Bonds

§ 6-5-30 Right of Aggrieved Person to Commence Action

For any breach of an official bond or undertaking of any officer of this state, executor, administrator, or guardian or of any bond or undertaking given in an official capacity to the state or any officer thereof, the person aggrieved may commence an action in his own name, assigning the appropriate breach.

(Code 1852, §2154; Code 1867, §2552; Code 1876, §2917; Code 1886, §2575; Code 1896, §14; Code 1907, §2473; Code 1923, §5682; Code 1940, T. 7, §98.)

§ 6-5-31 Assignment of Breaches on Penal Bonds or Other Writings

In actions upon penal bonds or other writings for the nonperformance of any covenant or agreement contained therein, the plaintiff may assign such breaches as he may deem proper, and verdict and judgment may be entered for the plaintiff for such of the breaches as he may prove. Default judgments may be entered in accordance with and as appropriate under the Alabama Rules of Civil Procedure, but in no case shall the judgment exceed the principal and interest due on the instrument.

(Code 1852, §§2231, 2367; Code 1867, §§2633, 2771; Code 1876, §§2982, 3033; Code 1886, §2668; Code 1896, §3289; Code 1907, §5325; Code 1923, §9462; Code 1940, T. 7, §215.)

Article 4 Actions for Statutory Penalties

§ 6-5-50 Who May Commence

When a penalty is imposed by a statute which does not provide a mode for the recovery, any citizen may commence an action for the same on behalf of himself and the county in which the penalty is incurred.

(Code 1852, §2155; Code 1867, §2533; Code 1876, §2918; Code 1886, §2576; Code 1896, §15; Code 1907, §2474; Code 1923, §5683; Code 1940, T. 7, §99.)

Article 5 Trusts, Combines, or Monopolies

§ 6-5-60 By Whom and Against Whom Action May Be Commenced; Venue

(a) Any person, firm, or corporation injured or damaged by an unlawful trust, combine, or monopoly, or its effect, direct or indirect, may, in each instance of such injury or damage, recover the sum of $500 and all actual damages from any person, firm, or corporation creating, operating, aiding, or abetting such trust, combine, or monopoly and may commence the action therefor against any one or more of the parties to the trust, combine, or monopoly, or their attorneys, officers, or agents, who aid or abet such trust, combine, or monopoly. All such actions may be prosecuted to final judgment against any one or more of the defendants thereto, notwithstanding there may be a dismissal, acquittal, verdict, or judgment in favor of one or more of the defendants.

(b) Actions under this section may be commenced in any county where the trust, combine, or monopoly was formed or where it exists or is carried on, promoted, operated, practiced, employed, used, or enjoyed, or in any county in which either of the defendants may have a domicile or where an officer or agent of any defendant corporation may be found.

(Code 1907, §§2487, 2488; Code 1923, §§5697, 5698; Code 1940, T. 7, §§124, 125.)

Article 6 Illegal Liquor and Drug Sales; Penalties

§ 6-5-70 Furnishing Liquor to Minors

Either parent of a minor, guardian, or a person standing in loco parentis to the minor having neither father nor mother shall have a right of action against any person who unlawfully sells or furnishes spirituous liquors to such minor and may recover such damages as the jury may assess, provided the person selling or furnishing liquor to the minor had knowledge of or was chargeable with notice or knowledge of such minority. Only one action may be commenced for each offense under this section.

(Code 1907, §2467; Code 1923, §5673; Code 1940, T. 7, §120.)

§ 6-5-71 Right of Action for Injuries Resulting from the Illegal Furnishing of Alcoholic Beverages

(a)(1) A person who sells, furnishes, or serves alcoholic beverages to an individual of lawful drinking age shall not thereby become liable for injury, death, or damage caused by or resulting from the intoxication of that individual, including injury or death to other individuals; provided, however, every spouse, child, parent, or other individual who shall be injured in person, property, or means of support by any intoxicated individual shall have a right of action for all damages actually sustained as well as exemplary damages against any person who knowingly sells, furnishes, or serves alcoholic beverages to an individual contrary to the provisions of law, who was visibly intoxicated, when the sale, furnishing, or serving is the proximate cause of such injury or damage.

(2) For purposes of this section, “knowingly” means knew or should have known under the circumstances.

(b) Upon the death of any party, the action or right of action will survive to or against the party’s personal representative.

(c) The party injured, or the party’s legal representative, may commence a joint or separate action against the individual intoxicated or the person who furnished the alcoholic beverages, and the claims shall be by civil action in any court having jurisdiction thereof.

(d) Evidence sufficient to establish that an individual was visibly intoxicated as set forth in subdivision (a)(1) shall be based on the totality of the circumstances present at the time of service of the alcoholic beverages to the individual. The evidence must either be by direct evidence or, if circumstantial, must not require or allow the finder of fact to speculate.

(e) Nothing contained in this section shall authorize the consumer of any alcoholic beverage to recover from the provider of the alcoholic beverage for injuries or damages suffered by the consumer caused by the consumer’s ingestion of alcohol.

(Acts 1909, No. 191, p. 63; Code 1923, §§5674, 5675; Code 1940, T. 7, §§121, 122; Act 2023-25, §1.)

§ 6-5-72 Liability of Person for Injury to Third Party in Consequence of Selling or Furnishing Controlled Substance to Minor

(a) A person who unlawfully sells, furnishes, or gives a controlled substance as defined in Section 20-2-2 to a minor may be liable for injury or damage or both suffered by a third person caused by or resulting from the use of the controlled substance by the minor, if the sale, furnishing, or giving of the controlled substance is the proximate cause of the injury or damage.

(b) A third person who is injured or damaged or both, under subsection (a) shall have a cause of action against the person selling, furnishing, or giving the controlled substance to the minor.

(c) Conviction under any criminal law relating to the unlawful sale, furnishing, or giving of a controlled substance shall conclusively establish an unlawful sale, furnishing, or giving of a controlled substance under this section.

(d) Upon the death of a party, the cause of action or right to the cause of action shall survive to the estate of the party.

(Acts 1994, 1st Ex. Sess., No. 94-783, p. 72, §1.)

§ 6-5-71.1 Legislative Intent

It is the intent of the Legislature in enacting Act 2023-25 to provide a new standard of liability for damages resulting from intoxication due to alcoholic beverages. To the extent that McIsaac v. Monte Carlo Club, Inc., 587 So. 2d 320 (Ala. 1991), enunciated a strict liability standard, it is the intent of the Legislature to repeal that standard and replace it with the new standard provided in Act 2023-25. It is not the intent of the Legislature for any provision of Act 2023-25 to alter or amend Section 6-5-70 or 6-5-72, nor is it the intent of the Legislature to broaden liability to social hosts for serving alcoholic beverages to an individual 21 years of age or older.

(Act 2023-25, §2.)

Article 7 Actions Against Estate for Trespass, Waste, Etc

§ 6-5-90 Right of Action Against Executor or Administrator

Any person or his personal representatives may commence an action against the executor or administrator of any testator or intestate who in his lifetime has wasted, destroyed, taken, carried away, or converted to his own use the goods or chattels of any such person or committed any trespass on the real estate of such person.

(Code 1923, §5710; Code 1940, T. 7, §137.)

Article 8 Fraud, Misrepresentation, and Deceit

§ 6-5-100 Fraud - Right of Action Generally

Fraud by one, accompanied with damage to the party defrauded, in all cases gives a right of action.

(Code 1907, §2468; Code 1923, §5676; Code 1940, T. 7, §107.)

§ 6-5-101 Fraud - Misrepresentations of Material Facts

Misrepresentations of a material fact made willfully to deceive, or recklessly without knowledge, and acted on by the opposite party, or if made by mistake and innocently and acted on by the opposite party, constitute legal fraud.

(Code 1907, §4298; Code 1923, §8049; Code 1940, T. 7, §108.)

§ 6-5-102 Suppression of Material Facts

Suppression of a material fact which the party is under an obligation to communicate constitutes fraud. The obligation to communicate may arise from the confidential relations of the parties or from the particular circumstances of the case.

(Code 1907, §4299; Code 1923, §8050; Code 1940, T. 7, §109.)

§ 6-5-103 Deceit - Right of Action Generally

Willful misrepresentation of a material fact made to induce another to act, and upon which he does act to his injury, will give a right of action. Mere concealment of such a fact, unless done in such a manner as to deceive and mislead, will not support an action. In all cases of deceit, knowledge of a falsehood constitutes an essential element. A fraudulent or reckless representation of facts as true, which the party may not know to be false, if intended to deceive, is equivalent to a knowledge of the falsehood.

(Code 1907, §2469; Code 1923, §5677; Code 1940, T. 7, §110.)

§ 6-5-104 Deceit - Fraudulent Deceit

(a) One who willfully deceives another with intent to induce him to alter his position to his injury or risk is liable for any damage which he thereby suffers.

(b) A deceit within the meaning of this section is either:

(1) The suggestion as a fact of that which is not true by one who does not believe it to be true;

(2) The assertion as a fact of that which is not true by one who has no reasonable ground for believing it to be true;

(3) The suppression of a fact by one who is bound to disclose it or who gives information of other facts which are likely to mislead for want of communication of that fact; or

(4) A promise made without any intention of performing it.

(Code 1923, §§7353, 7354; Code 1940, T. 7, §§111, 112.)

Article 9 Nuisances

Division 1 General Provisions

§ 6-5-120 Defined

A “nuisance” is anything that works hurt, inconvenience, or damage to another. The fact that the act done may otherwise be lawful does not keep it from being a nuisance. The inconvenience complained of must not be fanciful or such as would affect only one of a fastidious taste, but it should be such as would affect an ordinary reasonable man.

(Code 1907, §5193; Code 1923, §9271; Code 1940, T. 7, §1081.)

§ 6-5-121 Distinction Between Public and Private Nuisances; Right of Action Generally

Nuisances are either public or private. A public nuisance is one which damages all persons who come within the sphere of its operation, though it may vary in its effects on individuals. A private nuisance is one limited in its injurious effects to one or a few individuals. Generally, a public nuisance gives no right of action to any individual, but must be abated by a process instituted in the name of the state. A private nuisance gives a right of action to the person injured.

(Code 1907, §5196; Code 1923, §9274; Code 1940, T. 7, §1084.)

§ 6-5-122 Public Nuisances - Abatement or Enjoining by Municipalities

All municipalities in the State of Alabama may commence an action in the name of the city to abate or enjoin any public nuisance injurious to the health, morals, comfort, or welfare of the community or any portion thereof.

(Acts 1919, No. 49, p. 50; Code 1923, §9298; Code 1940, T. 7, §1085.)

§ 6-5-123 Public Nuisances - Special Damage to Individual

If a public nuisance causes a special damage to an individual in which the public does not participate, such special damage gives a right of action.

(Code 1907, §5197; Code 1923, §9275; Code 1940, T. 7, §1086.)

§ 6-5-124 Right of Action for Private Nuisance

A private nuisance may injure either the person or property, or both, and in either case a right of action accrues.

(Code 1907, §5198; Code 1923, §9276; Code 1940, T. 7, §1087.)

§ 6-5-125 Injunction Before Completion

Where the consequences of a nuisance about to be erected or commenced will be irreparable in damages and such consequences are not merely possible but to a reasonable degree certain, a court may interfere to arrest a nuisance before it is completed.

(Code 1907, §5195; Code 1923, §9273; Code 1940, T. 7, §1083.)

§ 6-5-126 Rights and Responsibilities of Alienees for Continuance

The alienee of a person owning the property injured may commence an action for a continuance of the nuisance, and the alienee of the property causing the nuisance is responsible for a continuance of the same. In the latter case, there must be a request to abate before an action is commenced.

(Code 1907, §5194; Code 1923, §9272; Code 1940, T. 7, §1082.)

§ 6-5-127 Nuisance Exceptions; Right of Action for Pollution of Waters, Etc.; Relation to Municipal Ordinances

(a) No agricultural, manufacturing, or other industrial plant or establishment, farming operation facility, or any racetrack for automobiles or motorcycles, or both, operated in conjunction with a museum that is owned by a nonprofit organization and has a building and collection on display which together have a minimum value of at least one million dollars ($1,000,000), or any of its appurtenances or the operation thereof shall be or become a nuisance, private or public, by any changed conditions in and about the locality thereof after the same has been in operation for more than one year during which such plant, facility, establishment, farming operation facility, or racetrack, its appurtenances or the operation thereof has not been found by a court of competent jurisdiction to be a nuisance; provided, that the provisions of this subsection shall not apply whenever a nuisance results from the negligent or improper operation of any such plant, establishment, farming operation facility, or racetrack, or any of its appurtenances.

(b) The provisions of subsection (a) shall not affect or defeat the right of any person, firm, or corporation to recover damages for any injuries or damage sustained by them on account of any pollution of, or change in the condition of, the waters of any stream or on account of any overflow of the lands of any person, firm, or corporation.

(c) Any and all ordinances heretofore or hereafter adopted by any municipal corporation in which such plant, establishment, farming operation facility, or racetrack is located, which purports to make the operation of any such plant, establishment, farming operation facility, or racetrack, or its appurtenances a nuisance or providing for an abatement thereof as a nuisance in the circumstances set forth in this section are, and shall be, null and void; provided, that the provisions of this subsection shall not apply whenever a nuisance results from the negligent or improper operation of any such plant, establishment, farming operation facility, or racetrack, or any of its appurtenances.

(d) This section shall not be construed to invalidate any contracts heretofore made, but, insofar as contracts are concerned, is only applicable to contracts and agreements to be made in the future.

(Acts 1915, No. 691, p. 744; Code 1923, §§9277- 9279; Code 1940, T. 7, §§1088-1090; Acts 1978, 2nd Ex. Sess., No. 79, p. 1767; Act 2004-316, p. 538, §1.)

Division 2 Lewdness, Assignation, or Prostitution

§ 6-5-140 Definitions

For the purposes of this division, the following terms shall have the meanings respectively ascribed to them by this section:

(1) PLACE. Any building, erection, or place, any separate part or portion thereof or the ground itself.

(2) PERSON. Any individual, corporation, association, partnership, trustee, lessee, agent, or assignee.

(3) NUISANCE. Any place in or upon which lewdness, assignation, or prostitution is conducted, permitted, continued, or exists and the personal property and contents used in conducting or maintaining any such place for any such purpose.

(Acts 1919, No. 53, p. 52; Code 1940, T. 7, §1091.)

§ 6-5-141 Who Deemed Guilty of Maintaining Nuisance

Any person who shall use, occupy, establish, or conduct a nuisance, as defined in Section 6-5-140, or aid or abet therein, and the owner, agent, or lessee of any interest in any such nuisance, together with the person employed in or in control of any such nuisance by any such owner, agent, or lessee shall for the purpose of this division be guilty of maintaining a nuisance and shall be enjoined as provided in this division.

(Acts 1919, No. 53, p. 52; Code 1923, §9281; Code 1940, T. 7, §1092.)

§ 6-5-142 By Whom Action to Abate and Perpetually Enjoin Nuisance Commenced

Whenever a nuisance exists, the Attorney General of the state, the district attorney or assistant district attorney, or any citizen or citizens may commence an action in the name of the State of Alabama, upon the relation of such Attorney General or such other officer or person to abate such nuisance and to enjoin perpetually the person or persons maintaining the same from further maintenance thereof.

(Acts 1919, No. 53, p. 52; Code 1923, §9282; Code 1940, T. 7, §1093.)

§ 6-5-143 Venue; Filing of Complaint; Application for Preliminary Injunction

(a) Such action shall be commenced in the circuit court of the county in which the property is located.

(b) At or before the commencement of the action, a verified copy of the complaint alleging the facts constituting the nuisance shall be filed in the office of the probate judge of the county, together with a notice of the pendency of the action, containing the name of the court, the names of the parties, the object of the action, and a brief description of the property affected thereby. The probate judge shall be paid the usual fee for recording such lis pendens and shall immediately record such notice.

(c) After the filing of the complaint, application for a preliminary injunction may be made to the circuit court, a judge thereof or any judge authorized by the laws of the state to make an order for a preliminary injunction, who shall grant a hearing thereon within 10 days thereafter.

(Acts 1919, No. 53, p. 52; Code 1923, §9284; Code 1940, T. 7, §1095.)

§ 6-5-144 Bond for Preliminary Injunction or Temporary Restraining Order Prior to Hearing

No preliminary injunction or temporary restraining order shall be issued before hearing in any action commenced by a citizen or citizens under the provisions of this division unless such citizen or citizens have made bond in such sum as may be fixed by the judge to whom the application for such injunction or restraining order is made, such bond to be approved by the register or clerk of the circuit court of the county in which the proceeding is filed and to be payable and conditioned as provided by the Alabama Rules of Civil Procedure.

(Acts 1919, No. 53, p. 52; Code 1923, §9283; Code 1940, T. 7, §1094.)

§ 6-5-145 Issuance and Return of Temporary Restraining Order; Return of Inventory; Contempt for Violation of Restraining Order

(a) Where such application for a preliminary injunction has been made, the court or judge thereof may, on the application of the plaintiff, issue an ex parte temporary restraining order, restraining the defendants and all other persons from the moving, or in any manner interfering with, the personal property and contents of the place where such nuisance is alleged to exist until the decision of the court or judge granting or refusing such preliminary injunction and until the further order of the court thereon.

(b) The restraining order may be served by handing to and leaving a copy of said order with any person in charge of said place or residing therein or by posting a copy thereof in a conspicuous place at, or upon one or more of the principal doors or entrances to such places, or the judge may order it served on the parties defendant.

(c) The officer serving such restraining order shall forthwith make and return into the court an inventory of the personal property and contents situated in and used in conducting and maintaining such nuisance.

(d) Any violation of such restraining order shall be a contempt of court; and, where such order is so posted, mutilation or removal thereof while the same remains in force shall be a contempt of court.

(Acts 1919, No. 53, p. 52; Code 1923, §§9285, 9286; Code 1940, T. 7, §§1096, 1097.)

§ 6-5-146 Service of Complaint on and Answer by Defendants; Granting of Preliminary Injunction

(a) A copy of the complaint, together with a notice of the time and place of the hearing of the application for a preliminary injunction, shall be served upon the defendants at least five days before such hearing. If the hearing shall then be continued at the instance of any defendant, the temporary writ as petitioned for shall be granted as a matter of course.

(b) Each defendant so notified shall serve upon the plaintiff or the attorney filing the complaint a verified answer on or before the date fixed in said notice for said hearing, and such answer shall be filed with the register or clerk of the court wherein such case is triable, but the court or judge may allow additional time for answering, providing such extension of time shall not prevent the issuing of said temporary writ as petitioned for.

(Acts 1919, No. 53, p. 52; Code 1923, §§9287, 9288; Code 1940, T. 7, §§1098, 1099.)

§ 6-5-147 Closing Place Pending Final Decision - Order

(a) If on the hearing for a preliminary injunction it shall appear that the person owning, in control, or in charge of the nuisance so enjoined has received five days’ notice of the hearing, then, unless such person shall show to the satisfaction of the court or judge that the nuisance complained of has been abated, the court or judge shall issue an order closing the place against its use for any purpose until final decision shall be entered on the application for a permanent injunction.

(b) Such order shall also continue in effect for such further period the temporary restraining order provided in Section 6-5-145 if already issued or, if not issued, shall include such an order restraining for such period the removal or interference with the personal property and contents located thereat or therein as provided, and such restraining order shall be served and the inventory of such property shall be made and filed as provided in such section.

(Acts 1919, No. 53, p. 52; Code 1923, §9290; Code 1940, T. 7, §1101.)

§ 6-5-148 Closing Place Pending Final Decision - Release of Property on Bond

The owner or owners of any real property or personal property closed or restrained, or to be closed or restrained, may appear at any time between the filing of the complaint and the hearing of the application for a permanent injunction, and, upon payment of all costs incurred and upon the filing of a bond payable to the state by the owner of the real property, with sureties or a surety company to be approved by the register or clerk in the full value of the property to be ascertained by the court or the judge, conditioned that such owner or owners will immediately abate the nuisance and prevent the same from being established or kept until the decision of the court or judge shall have been entered on the application for a permanent injunction, then, in that case, the court or judge, if satisfied of the good faith of the owner of the real property and of innocence on the part of any owner of the personal property of any knowledge of the use of such personal property as a nuisance and that with reasonable care and diligence such owner could not have known thereof, shall deliver such real or personal property, or both, to the respective owners thereof and cancel or refrain from issuing at the time of the hearing on the application for the injunction, as the case may be, any order or orders closing such real property or restraining the removal or interference with such personal property. The release of any personal property or real property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it may be subjected by law.

(Acts 1919, No. 53, p. 52; Code 1940, T. 7, §1102.)

§ 6-5-149 Precedence of Action Over Other Cases; Evidence; Dismissal of Action; Continuance; Costs; Judgment

(a) The action, when commenced, shall have precedence over all other cases except injunctions.

(b) In such action, evidence of the general reputation of the place or any admission or finding of guilt of any person under the original laws against prostitution, lewdness, or assignation at any such place shall be admissible for the purpose of proving the existence of said nuisance and shall be prima facie evidence of such nuisance, of knowledge of and acquiescence and participation therein on the part of the person, or persons, charged with maintaining such nuisance.

(c) If the complaint is filed for the state by a citizen of the county, it shall not be dismissed except upon a sworn statement of the plaintiff or his personal representative or agent, and his attorney or of the officer filing the complaint, setting forth the reasons why the action should be dismissed and the dismissal be approved by the attorney filing the complaint in writing or in open court. If the court or judge is of the opinion that the action ought not be dismissed, he may direct the district attorney to prosecute such action to judgment at the expense of the county, and if the action is continued more than once, any person who is a citizen of the county, the Attorney General, the district attorney may be substituted for the plaintiff and prosecute said action to judgment.

(d) If the action is commenced by a person who is a citizen of the county and the court finds that there were no reasonable grounds or cause for said action, the costs may be taxed against such person.

(e) If the existence of the nuisance is established upon the trial, a judgment shall be entered which shall perpetually enjoin the defendants and any other person or persons from further maintaining the nuisance at the place complained of and the defendants from maintaining such nuisance elsewhere in the county.

(Acts 1919, No. 53, p. 52; Code 1923, §9292; Code 1940, T. 7, §1103.)

§ 6-5-150 Grant and Effect of Permanent Injunction

If upon the final hearing the allegations are sustained to the satisfaction of the court or judge, the court or judge shall enter a judgment restraining the defendants and all other persons from continuing the nuisance. When any injunction has been granted, it shall be binding on the defendants throughout the county. Any violation thereof shall be contempt of court and punished as provided in Section 6-5-154.

(Acts 1919, No. 53, p. 52; Code 1923, §9289; Code 1940, T. 7, §1100.)

§ 6-5-151 Order of Abatement; Sale of Property

(a) If the existence of the nuisance is admitted or established in an action as provided in this division, or in a criminal proceeding in the circuit court, an order of abatement shall be entered as a part of the judgment in the case, which shall direct the removal from the place of all personal property and contents used in conducting the nuisance not already released under authority of the court as provided in Sections 6-5-143, 6-5-145 through 6-5-148, and 6-5-150 and shall direct the sale of such thereof as belonged to the defendants notified or appearing in the manner provided for the sale of chattels under execution.

(b) Such order shall also require the renewal for one year of any bond furnished by the owner of the real property as provided in Section 6-5-148 or, if not so furnished, shall continue for one year any closing order issued at the time of granting the preliminary injunction or, if no such closing order was then issued, shall include an order directing the effectual closing of the place against its use for any purpose, so keeping it closed for a period of one year unless sooner released; but the owner of the place so closed and not released under bond as provided in Section 6-5-148 may appear and obtain such release in the manner and upon fulfilling the requirements as provided in such section.

(c) The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it may be subject by law.

(d) Owners of unsold property and contents so seized must appear and claim same within 10 days after such order of abatement is made and prove innocence to the satisfaction of the court of any knowledge of said use thereof and that with reasonable care and diligence they could not have known thereof. Every defendant in the action shall be presumed to have had knowledge of the general reputation of the place. If such innocence shall be so established, such unsold personal property and contents shall be delivered to the owner; otherwise, it shall be sold as provided in this section.

(e) If any person shall break and enter or use a place so directed to be closed, he shall be punished for contempt as provided in Section 6-5-154.

(Acts 1919, No. 53, p. 52; Code 1923, §§9293, 9294; Code 1940, T. 7, §§1104, 1105.)

§ 6-5-152 Fees of Officers Selling Property, Etc

For removing and selling the personal property and contents, the officer shall be entitled to charge and receive the same fees as he would for levying and selling like property on execution; and, for closing the place and keeping it closed, a reasonable fee shall be allowed by the court.

(Acts 1919, No. 53, p. 52; Code 1923, §9295; Code 1940, T. 7, §1106.)

§ 6-5-153 Effect of Establishment of Nuisance in Criminal Proceedings

In case the existence of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction, the district attorney shall proceed promptly under this division to enforce the provisions and penalties thereof, and the finding of the defendant guilty in such criminal proceedings, unless reversed or set aside, shall be conclusive as against the defendant as to the existence of the nuisance. The proceeds of the sale of the personal property as provided in Section 6-5-152 shall be applied in payment of the costs of the action and abatement, including the plaintiff’s costs, or so much of such proceeds as may be necessary, except as provided in this division.

(Acts 1919, No. 53, p. 52; Code 1923, §9296; Code 1940, T. 7, §1107.)

§ 6-5-154 Violations Constituting Contempt; Proceedings Thereon

(a) In case of the violation of any injunction or closing order granted under the provisions of this division or of any restraining order or the commission of any contempt of court in proceedings under this division, the court or the judge thereof may try and punish the offender. The proceedings shall be commenced by filing with the register or clerk of the court a complaint under oath setting out and alleging facts constituting such violation, upon which the court or judge shall cause a warrant to issue, under which the defendant shall be arrested; he may be released on bond, pending the hearing, to be fixed by the judge. The trial may be had upon affidavits or either party may demand the production and oral examination of witnesses.

(b) A party found guilty of contempt under the provisions of this section shall be punished by a fine of not less than $100 nor more than $200, or by imprisonment in the county jail not less than one nor more than three months, or by both such fine and imprisonment.

(Acts 1919, No. 53, p. 52; Code 1923, §9297; Code 1940, T. 7, §1108.)

Division 3 Drug-Related Nuisances

§ 6-5-155 Legislative Findings and Declarations

The Legislature finds and declares the following:

(1) There is a drug crisis in the State of Alabama which is plaguing our neighborhoods and our housing and rental accommodations.

(2) Drugs have caused an increase in crime and violence and a deterioration in the habitability of housing and rental accommodations, as well as diminished property values.

(3) Currently there are inadequate incentives for property owners to take a more active role in preventing the use of their property for the manufacture, use, sale, storage, or distribution of drugs.

(Acts 1996, No. 96-566, p. 849, §1.)

§ 6-5-155.1 Definitions

The following words and phrases when used in this division shall have the meanings given to them in this section unless the context clearly indicates otherwise:

(1) COMMUNITY-BASED ORGANIZATION. Any group, whether incorporated or unincorporated, affiliated with or organized for the benefit of one or more communities or neighborhoods containing an alleged drug-related nuisance, or any group organized to improve the quality of life in a residential area containing the alleged drug-related nuisance.

(2) CONTROLLED SUBSTANCE ACTS. The provisions of Sections 20-2-1 et seq., known as the “Alabama Uniform Controlled Substance Act,” and Sections 13A-12-201 et seq., known as “The Drug Predator Control Act of 1987,” and Sections 13A-12-210 et seq., known as “The Drug Crimes Amendments Act of 1987.”

(3) DRUG-RELATED NUISANCE.

a. Any property, in whole or in part, used or intended to be used to facilitate any violation of the controlled substance acts or any similar ordinance of any municipality in this state or a similar act of the United States or any other state.

b. The use, sale, distribution, possession, storage, transportation, or manufacture of any controlled substances in violation of the controlled substance acts, or similar act of the United States or any other state.

c. Drug-related nuisance includes, but is not limited to, conduct unlawful in itself or unreasonable under the circumstances, knowingly or recklessly creating or maintaining a condition which endangers the safety or health of persons not occupying the property alleged to be a drug-related nuisance, and knowingly or recklessly conducting or maintaining any premises or place where persons gather for purposes of engaging in drug-related activities. For purposes of this definition, “knowingly” means either actual awareness or should have reasonably known.

(4) MANUFACTURING. The production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin or independent means of chemical synthesis, including any packaging or repackaging of the drug or labeling or relabeling of its container.

(5) OWNER. An individual, corporation, partnership, trust association, joint venture, or any other business entity, and the respective agents of the individuals or entities, in whom is vested all or any part of the title to the property alleged to be a drug-related nuisance.

(6) PROPERTY. Tangible real property, or an interest in real property, including an interest in any leasehold, license, or real estate, including any house, apartment building, condominium, cooperative, office building, store, restaurant, tavern, nightclub, or warehouse, and the land extending to the boundaries of the lot upon which the structure is situated, and anything growing on, affixed to, or found on the land.

(7) PROSECUTING ATTORNEY. The Attorney General, district attorney, or county, municipal, or private attorney bringing a drug-related nuisance action.

(8) TENANT. A person who resides in or occupies property belonging to another person pursuant to a lease agreement, or pursuant to a tenancy under the common law.

(Acts 1996, No. 96-566, p. 849, §2.)

§ 6-5-155.2 Who May File Action to Abate, Enjoin, and Prevent Drug-Related Nuisance; Commencement of Action

Wherever there is reason to believe that a drug-related nuisance exists, the Attorney General, district attorney, the attorney for the county or municipality, a person residing in the county in which the property is located including a tenant of the property, or any community-based organization, may file an action in the circuit courts of this state to abate, enjoin, and prevent the drug-related nuisance. The actions shall be commenced by the filing of a complaint in circuit court of the county in which the nuisance is situated alleging the facts constituting the drug-related nuisance.

(Acts 1996, No. 96-566, p. 849, §3.)

§ 6-5-155.3 Contents of Complaint; Supporting Affidavits

(a) The complaint or an affidavit attached thereto shall describe the adverse impact associated with the drug-related nuisance upon the surrounding neighborhood. Adverse impact includes, without limitation, the presence of any one or more of the following conditions:

(1) Diminished property value.

(2) Increased fear of residents to walk through or in public areas, including sidewalks, streets, alleys, and parks.

(3) Increased volume of vehicular and pedestrian traffic to and from the property.

(4) An increase in the number of ambulance or police calls to the property which are related to the use of drugs, or to violence stemming from drug-related activity.

(5) Bothersome solicitors or approaches by strangers wishing to sell drugs, or the aggressive solicitation of alms, on or near the property.

(6) The display of dangerous weapons on or near the property.

(7) Investigative purchases of drugs by law enforcement officers on or near the property.

(8) Arrests of persons on or near the property.

(9) Housing code violations relating to the property.

(10) Health code violations relating to the property.

(11) Accumulation of trash and refuse in common areas on or adjacent to the property.

(12) Unsecured entryways on the property.

(13) Loitering.

(14) Unreasonable noise.

(15) Search warrants served or executed at the property.

(16) The number of complaints made to law enforcement and other government officials about the alleged illegal activity associated with the property.

(17) The discharge of a firearm at the property.

(18) Violations of zoning laws or regulations at the property.

(b) The complaint shall contain a description of attempts made by the plaintiff, or any other person or entity, to notify the owner of the property on which the drug-related nuisance is situated and the resulting adverse impact thereof. No complaint shall be filed unless there has been at least one notice to the owner of the alleged drug-related nuisance 21 days prior to the filing of the complaint. Notice shall be served on the owner in accordance with the Alabama Rules of Civil Procedure. If personal service can not be made, service may be made by posting the papers at the property.

(c) When an action is brought under this division by a private individual, the complaint shall be supported by at least five residents residing or owning real property within 1,000 feet of the premises alleged to be a drug-related nuisance. The support shall be in the form of an affidavit attesting to the fact that the residence of the affiant is within 1,000 feet of the alleged drug-related nuisance, and that the affiants have witnessed the alleged drug-related nuisance, and are aware of an adverse impact of the alleged drug-related nuisance.

(Acts 1996, No. 96-566, p. 849, §4.)

§ 6-5-155.4 Service of Summons and Complaint

A copy of the summons and complaint shall be served upon the defendant at least five business days prior to the first hearing in the action. Service shall be made in accordance with the Alabama Rules of Civil Procedure. If personal service cannot be made, service may be made by posting the papers at the property. If service is made by posting papers to the property, a copy of the summons and complaint shall be mailed to the last known mailing address, if any, of the defendant.

(Acts 1996, No. 96-566, p. 849, §5.)

§ 6-5-155.5 Motion for Preliminary Injunction; Consolidation of Trial with Hearing on Motion; Other Equitable Relief

(a) Upon a filing of a motion for a preliminary injunction to abate the drug-related nuisance, the plaintiff shall be entitled to a hearing on the motion within 10 business days of the filing. If it appears by affidavit or otherwise, that there is a substantial likelihood that the plaintiff will be able to prove a drug-related nuisance by a preponderance of evidence, the circuit court may issue a preliminary injunction and grant other relief as the court may deem to be appropriate, including those remedies provided by Section 6-5-156.3.

(b) When appropriate, the court shall order the trial of the action on the merits to be advanced and consolidated with the hearing on the motion for a preliminary injunction.

(c) This section shall not be construed to prohibit the application for or the granting of a temporary restraining order or other equitable relief provided by law.

(Acts 1996, No. 96-566, p. 849, §6.)

§ 6-5-155.6 Issuance of Ex Parte Restraining Order; Service; Inventory of Property Relating to Nuisance; Violation of Order; Contempt of Court

(a) The court, upon the application of the plaintiff, may issue an ex parte restraining order, restraining the defendant and all other persons from removing, or in any manner interfering with, the personal property and contents of the place where the drug-related nuisance is alleged to exist, until a decision of the court granting or refusing to grant a temporary injunction, or until further order of the court.

(b) The restraining order may be served by handing it to and leaving a copy of the order with any person appearing to reside therein, or by posting a copy thereof in a conspicuous place at or upon one or more of the principal doors or entrances to the place, or by both delivery and posting.

(c) The officer serving a restraining order shall forthwith attempt to make and return to the court an inventory of the personal property and contents situated in, and apparently used in, conducting or maintaining the drug-related nuisance. Any violation of the restraining order shall be a contempt of court, and where the order is posted, if it is removed or mutilated while it remains in force, is a contempt of court, provided that the posted order contains a notice to that effect.

(Acts 1996, No. 96-566, p. 849, §7.)

§ 6-5-155.7 Civil Penalty

In any action brought under this division, the complainants may request, and the court at its discretion may order a civil penalty of up to one thousand dollars ($1,000) for each day the nuisance exists, with the penalty payable to the general fund of the municipality in which the nuisance was located, or one-half to the state and one-half to the general fund of the county if situated outside the boundaries of a municipality.

(Acts 1996, No. 96-566, p. 849, §8.)

§ 6-5-155.8 Protection of Witnesses

If proof of the existence of the drug-related nuisance depends, in whole or in part, upon the affidavits of witnesses who are not law enforcement officers, upon a showing of prior threats of violence or acts of violence by any defendant or other person using the property alleged to be a drug-related nuisance, the court may issue orders to protect those witnesses, including, but not limited to, nondisclosure of the name, address, or any other identifying information.

(Acts 1996, No. 96-566, p. 849, §9.)

§ 6-5-155.9 Previous Conviction Not Required

A previous conviction of the defendant, or anyone, shall not be required to demonstrate a drug-related nuisance.

(Acts 1996, No. 96-566, p. 849, §10.)

§ 6-5-156 Security Bond

No security bond shall be required to issue a preliminary injunction or temporary restraining order sought by the Attorney General, district attorney, or an attorney appearing for the county or municipality. Otherwise, at the discretion of the court, a security bond may be required to issue a preliminary injunction or temporary restraining order. Where relief is issued after an evidentiary hearing at which witnesses are subject to cross examination, the court shall not require a security bond in excess of one thousand dollars ($1,000).

(Acts 1996, No. 96-566, p. 849, §11.)

§ 6-5-156.1 Evidence of General Reputation of Property

In an action brought under this division, evidence of the general reputation of the property of the defendant shall be admissible for the purpose of proving a drug-related nuisance, and for the purpose of proving the knowledge of the defendant of the drug-related nuisance.

(Acts 1996, No. 96-566, p. 849, §12.)

§ 6-5-156.2 Dismissal of Complaint Filed by Private Citizen; Prosecution by District Attorney or Prosecuting Attorney; Substitution of Complainant

(a) If a complaint is filed by a private citizen, it may not be dismissed except upon a sworn statement by the complainant and his or her attorney, setting forth the reason why the action should be dismissed. A copy of the sworn statement shall be sent to the Attorney General and the district attorney at least seven days prior to its presentment to the court.

(b) If the court is of the opinion that the action should not be dismissed, it may direct the district attorney or prosecuting attorney to prosecute the action to judgment.

(c) Any citizen of the county in which the alleged drug-related nuisance is located, or an interested community-based organization, may be substituted for the complainant and prosecute the action to judgment.

(Acts 1996, No. 96-566, p. 849, §13.)

§ 6-5-156.3 Standard of Proof; Damages and Other Relief; Jurisdiction and Powers of Court; Appointment of Receiver; Eviction of Tenant

(a) The plaintiff is required by a preponderance of the evidence to establish that a drug-related nuisance exists. The plaintiff is required by clear and convincing evidence to establish that the owner of the property who is not a resident or in actual possession of the property was criminally culpable in aiding and abetting in the drug related nuisance.

(b) If the existence of a drug-related nuisance is found, the judgment may include actual damages and an injunction to restrain, abate, and prevent the continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction or order and enforce the judgment or order.

(c) The court may retain jurisdiction of the case for the purpose of enforcing its orders.

(d) If the existence of a drug-related nuisance is found, the court shall have additional power to fashion any one or more of the following remedies:

(1) Assess damages against the defendant in favor of each plaintiff of not less than three hundred dollars ($300) nor more than forty thousand dollars ($40,000), or a lien on the property.

(2) Assess costs of the action against the defendant.

(3) Assess reasonable attorney fees since the filing of the complaint, payable to a private attorney filing the complaint or the municipal, county, or state agency by which the prosecuting attorney is employed.

(4) When a government agency is a plaintiff in the action, assess a fine against the defendant of not less than five hundred dollars ($500) nor more than fifty thousand dollars ($50,000) in addition to attorney fees.

(5) Order the owner to clean up the property and make repairs upon the property.

(6) Suspend or revoke any business, housing, operational, or liquor license. The suspension of any beer, wine, or liquor license held by or belonging to the defendant for at least 90 days is mandatory if the court finds a drug-related nuisance.

(7) Order the owner to make additional reasonable expenditures upon the property, including, but not limited to, installing secure locks on doors, hiring private security personnel, increasing lighting in common areas, and using videotaped surveillance of the property and adjacent alleyways, sidewalks, and parking lots.

(8) Order all rental income from the property to be placed in an escrow account with the court for up to 90 days or until the drug-related nuisance is abated.

(9) Order all rental income for property transferred to a trustee, to be appointed by the court, who shall be empowered to use the rental income to take reasonable expenditures related to the property in order to abate the drug-related nuisance.

(10) Order the suspension of any state, city, or local governmental subsidies payable to the owners of the property, including, but not limited to, tenant assistance payments to landlords, until the nuisance is abated.

(11) Allow the plaintiff to seal the property with the cost of sealing payable by the defendant.

(e) In making any order under this division, the court shall consider, among others, the following factors:

(1) The effect the drug-related nuisance has had on the community.

(2) The number of people residing at the property.

(3) The proximity of the property to other residential structures.

(4) The number of times the property has been cited for housing code or health code violations.

(5) The number of times the owner has been notified of drug-related problems at the property.

(6) The extent and duration of the drug-related nuisance at the time of the order.

(7) Prior efforts or lack of effort by the defendant to abate the drug-related nuisance.

(8) The involvement of the owners in the drug-related nuisance.

(9) The costs incurred by the jurisdiction, community-based organization, individuals, or their attorneys, investigating, correcting, or attempting to correct the drug-related nuisance.

(10) Whether the drug-related nuisance was continuous or recurring.

(11) The economic or financial benefit accruing or likely to accrue to the defendant as a result of the conditions constituting the drug-related nuisance.

(12) Any other factors the court deems relevant.

(f) In making an order under subsection (d), the court shall not consider the lack of action by other property owners to abate alleged drug-related nuisances.

(g) If the building is ordered closed, then the court shall appoint a receiver to sell all of the furnishings and fixtures located in the building which are owned by the building owner, and place the funds from the sale in an escrow account to be used to satisfy the judgment. If the proceeds are inadequate to pay the judgment, the court may order public sale of the property with the proceeds to be paid into an escrow account.

(h) The owner of the property on which a tenant maintains a drug-related nuisance may in the same proceeding seek the eviction of the tenant.

(Acts 1996, No. 96-566, p. 849, §14.)

§ 6-5-156.4 Violation of Court Order; Additional Orders Necessary to Abatement; Suspension or Cancellation of Order

(a) A violation of any court order issued pursuant to this division is punishable as a contempt of court by a fine of not less than five hundred dollars ($500) nor more than seventy-five thousand dollars ($75,000), or by imprisonment for not more than one year, or both. Evidence concerning the duration and repetitive nature of the violations shall be considered by the court in determining the penalty for contempt.

(b) Upon finding that a defendant has willfully violated an order issued pursuant to this division, the court may issue any additional orders necessary to abate the drug-related nuisance or to carry out the punishment for contempt.

(c) The court may suspend the effectiveness of an order of abatement for no more than 90 days if the owner of the property establishes that he or she had no knowledge of the drug-related nuisance, and could not reasonably be expected to have knowledge, and the owner avers under oath that he or she will immediately undertake specified measures to abate the nuisance for the following two-year period. An abatement order issued pursuant to this subsection may not be issued for the benefit of a defendant who has been found in contempt of court as part of the same action. An order issued pursuant to this subsection is a suspension and is not a withdrawal of the original order.

(d) The courts shall cancel the order of abatement if the owner of the property satisfies the court that the drug-related nuisance has been abated for the past 90 days, corrects all housing code and health code violations, and posts a bond in an amount to be determined by the court, which shall be immediately forfeitable if the drug-related nuisance recurs during the following two-year period.

(Acts 1996, No. 96-566, p. 849, §15.)

§ 6-5-156.5 Frivolous or Bad Faith Action

If the action is brought by a private citizen and the court finds that the action was frivolous or motivated by bad faith, costs and attorney fees may be taxed to the person.

(Acts 1996, No. 96-566, p. 849, §16.)

Division 4 Obscene Nuisances

§ 6-5-160 Legislative Findings

The Legislature of Alabama finds and declares:

(1) That in order to protect children from exposure to obscenity, prevent assaults on the sensibilities of unwilling adults by the purveyor of obscene material, and suppress the proliferation of “adult-only video stores,” “adult bookstores,” “adult movie houses,” and “adult-only entertainment,” the sale and dissemination of obscene material should be regulated without impinging on the First Amendment rights of free speech by erecting barriers to the open display of erotic and lascivious material.

(2) That the premises in which a violation of Division 5, Article 4, Chapter 12, Title 13A occurs should be declared a public nuisance.

(Act 98-467, p. 893, §1.)

§ 6-5-160.1 Cause of Action for Public Nuisance

It is hereby declared that the use of any premise to distribute obscene material to minors in violation of Division 5 (commencing with Section 13A-12-200.1), Article 4, Chapter 12, Title 13A is a public nuisance and the Attorney General, district attorney, or, when authorized by the local governing body, the attorney for the county or municipality may file an action in the circuit courts of this state to abate, enjoin, and prevent the nuisance. A county, by resolution, or a municipality, by ordinance, may authorize the filing of an action in the circuit court within their jurisdiction to abate, enjoin, and prevent the nuisance. The actions shall be commenced by the filing of a complaint alleging the facts constituting the nuisance in circuit court of the county in which the nuisance is situated.

(Act 98-467, p. 893, §2.)

§ 6-5-160.2 Security Bond for Preliminary Injunction, Etc

No security bond shall be required to issue a preliminary injunction or temporary restraining order sought by the Attorney General, district attorney, or an attorney appearing for the county or municipality. At the discretion of the court, a security bond may be required to issue a preliminary injunction or temporary restraining order. Where relief is issued after an evidentiary hearing at which witnesses are subject to cross examination, the court may not require a security bond in excess of one thousand dollars ($1,000).

(Act 98-467, p. 893, §3.)

§ 6-5-160.3 Standards of Proof; Remedies; Enforcement

(a) A plaintiff is required by a preponderance of the evidence to establish that a nuisance exists. The plaintiff is required by clear and convincing evidence to establish that the owner of the property who is not a resident or in actual possession of the property was criminally culpable in aiding and abetting the nuisance.

(b) If the existence of a nuisance is found, the judgment may include actual damages and an injunction to restrain, abate, and prevent the continuance or recurrence of the nuisance. The court may grant declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction or order and enforce the judgment or order.

(c) The court may retain jurisdiction of the case for the purpose of enforcing its orders.

(d) If a nuisance is found, the court shall have additional power to fashion any one or more of the following remedies:

(1) Assess damages against the defendant in favor of each plaintiff of not less than three hundred dollars ($300) nor more than ten thousand dollars ($10,000).

(2) Assess costs of the action against the defendant.

(3) Assess reasonable attorney’s fees from the time of the filing of the complaint, payable to a private attorney filing the complaint or to the municipal, county, or state agency by which the prosecuting attorney is employed.

(4) When a government agency is a plaintiff in the action, assess a fine against the defendant of not less than five hundred dollars ($500) nor more than twenty thousand dollars ($20,000), in addition to attorney’s fees. All fines shall be paid into the general fund of the county if the plaintiff is the county governing body or a county government agency.

(5) Suspend or revoke any business, housing, or operational license.

(Act 98-467, p. 893, §4.)

§ 6-5-160.4 Violation, Suspension, Cancellation of Abatement Order

(a) A violation of any court order issued pursuant to this division is punishable as a contempt of court by a fine of not less than five hundred dollars ($500) nor more than thirty thousand dollars ($30,000), or by imprisonment for not more than one year, or both. At least one-half of all fines collected as punishment for contempt shall be paid into the general fund of the county if the action against the defendant was commenced by the county governing body or a county government agency. Evidence concerning the duration and repetitive nature of the violations shall be considered by the court in determining the penalty for contempt.

(b) Upon finding that a defendant has willfully violated an order issued pursuant to this division, the court may issue any additional orders necessary to abate the nuisance or to carry out the punishment for contempt.

(c) The court may suspend the effectiveness of an order of abatement for no more than 90 days if the owner of the property establishes that he or she had no knowledge of the nuisance, and could not reasonably be expected to have knowledge, and the owner avers under oath that he or she will immediately undertake specified measures to abate the nuisance for the following two-year period. An abatement order issued pursuant to this subsection may not be issued for the benefit of a defendant who has been found in contempt of court as part of the same action. An order issued pursuant to this subsection is a suspension and is not a withdrawal of the original order.

(d) The courts shall cancel the order of abatement if the owner of the property satisfies the court that the nuisance has been abated for the past 90 days, and posts a bond in an amount to be determined by the court, which shall be immediately forfeitable if the nuisance recurs during the following two-year period.

(Act 98-467, p. 893, §5.)

Article 10 False Imprisonment

§ 6-5-170 Definition

False imprisonment consists in the unlawful detention of the person of another for any length of time whereby he is deprived of his personal liberty.

(Code 1907, §4238; Code 1923, §7967; Code 1940, T. 7, §962.)

Article 11 Defamation, Libel and Slander

§ 6-5-180 Import of Accusations of False Swearing or Commission of Crime

Every accusation of false swearing presumptively imports a charge of perjury, and every accusation importing the commission of a crime punishable by indictment must be held presumptively to mean what the language used ordinarily imports.

(Code 1852, §2224; Code 1867, §2626; Code 1876, §2975; Code 1886, §2726; Code 1896, §1439; Code 1907, §3747; Code 1923, §7358; Code 1940, T. 7, §911.)

§ 6-5-181 Words Falsely Imputing Woman’s Chastity Actionable

Any words written, spoken, or printed of any woman falsely imputing to her a want of chastity are actionable without proof of special damages.

(Code 1852, §2220; Code 1867, §2622; Code 1876, §2971; Code 1886, §2727; Code 1896, §1440; Code 1907, §3748; Code 1923, §7359; Code 1940, T. 7, §912.)

§ 6-5-182 Libel or Slander - Burden of Proof

In an action for libel or slander, the plaintiff must prove, unless it shall be admitted by the defendant, the facts showing that the alleged defamatory matter was published or spoken of the plaintiff.

(Code 1923, §7357; Code 1940, T. 7, §910.)

§ 6-5-183 Libel or Slander - Mitigation of Damages - Evidence of Truth or Circumstances

In all actions of slander or libel, the truth of the words spoken or written or the circumstances under which they were spoken or written may be given in evidence under a general denial in mitigation of the damages.

(Code 1852, §2226; Code 1867, §2628; Code 1876, §2977; Code 1886, §2725; Code 1896, §1438; Code 1907, §3746; Code 1923, §7356; Code 1940, T. 7, §909.)

§ 6-5-184 Libel or Slander - Mitigation of Damages - Retraction

The defendant in an action of slander or libel may prove under a general denial in mitigation of damages that the charge was made in good faith by mistake or through inadvertence or misapprehension, and that he has retracted the charge in the same medium of publication as the charge was originally promulgated and in a prominent position therein.

(Code 1852, §2221; Code 1867, §2623; Code 1876, §2972; Code 1886, §2728; Code 1896, §1441; Code 1907, §3749; Code 1923, §7360; Code 1940, T. 7, §913.)

§ 6-5-185 Libel or Slander - Mitigation of Damages - When Only Actual Damages Recoverable

In an action of slander or libel, if a retraction as provided in Section 6-5-184 shall be published in such medium within 10 days of the date of the publication, then the plaintiff in such case shall recover only actual damages.

(Code 1907, §3751; Code 1923, §7362; Code 1940, T. 7, §915.)

§ 6-5-186 Prerequisites to Recovery of Vindictive or Punitive Damages in Action for Libel

Vindictive or punitive damages shall not be recovered in any action for libel on account of any publication unless (1) it shall be proved that the publication was made by the defendant with knowledge that the matter published was false, or with reckless disregard of whether it was false or not, and (2) it shall be proved that five days before the commencement of the action the plaintiff shall have made written demand upon the defendant for a public retraction of the charge or matter published; and the defendant shall have failed or refused to publish within five days, in as prominent and public a place or manner as the charge or matter published occupied, a full and fair retraction of such charge or matter.

(Code 1907, §3750; Code 1923, §7361; Code 1940, T. 7, §914.)

§ 6-5-187 Truth of Charges Against Public Persons May Be Proved

In civil actions for the publication of papers investigating the official conduct of officers or persons in public capacity or when the matter published is proper for public information, the truth thereof may be given in evidence.

(Code 1852, §2225; Code 1867, §2627; Code 1876, §2976; Code 1886, §2724; Code 1896, §1437; Code 1907, §3745; Code 1923, §7355; Code 1940, T. 7, §908.)

§ 6-5-188 Effect of Retraction and Tender of Money

If the defendant, after or before an action is commenced, makes the retraction recited in Sections 6-5-184 through 6-5-186 and also tenders to the plaintiff a compensation in money, bringing the same into court, the plaintiff can recover no costs if the jury believes and finds the tender was sufficient.

(Code 1852, §2222; Code 1867, §2624; Code 1876, §2973; Code 1886, §2729; Code 1896, §1442; Code 1907, §3752; Code 1923, §7363; Code 1940, T. 7, §916.)

§ 6-5-189 Effect of Tender of Money

The receipt of money tendered before an action is commenced is a bar to the action and, if after an action is commenced, such releases the defendant from all damages and costs, except the costs which accrued before the tender and receipt of the money.

(Code 1852, §2223; Code 1867, §2625; Code 1876, §2974; Code 1886, §2730; Code 1896, §1443; Code 1907, §3753; Code 1923, §7364; Code 1940, T. 7, §917.)

Article 12 Adverse Possession

§ 6-5-200 When Title to Land Conferred or Defeated; When Claim May Be Defended or Prosecuted; Construction of Section

(a) Adverse possession cannot confer or defeat title to land unless:

(1) The party setting it up shall show that a deed or other color of title purporting to convey title to him has been duly recorded in the office of the judge of probate of the county in which the land lies for 10 years before the commencement of the action;

(2) He and those through whom he claims shall have annually listed the land for taxation in the proper county for 10 years prior to the commencement of the action if the land is subject to taxation; or

(3) He derives title by descent cast or devise from a predecessor in the title who was in possession of the land.

(b) If the period during which the party’s deed or color of title has been on record, added to the time during which the deeds or color of title of those through whom he claims have been on record, amounts to 10 years, he may defend or prosecute on his adverse possession, and an inadvertent failure to list the land for taxation, any unintentional mistake in the description of the assessment or unintentional omission of any part of it from the assessment during the period of 10 years shall not bar the party of his action or defense on his adverse possession.

(c) This section shall not be construed to affect in any way a title perfect by adverse possession before the adoption of this Code, nor to deprive any person of his rights under Sections 6-6-286 through 6-6-289, nor to affect cases involving a question as to boundaries between coterminous owners.

(Code 1896, §§1541-1546; Code 1907, §2830; Code 1923, §6069; Code 1940, T. 7, §828.)

Article 13 Real Property Actions Generally

§ 6-5-210 Rights Above and Below Surface

The owner of realty having title downwards and upwards indefinitely, any unlawful interference with his rights, below or above the surface alike, gives him a right of action.

(Code 1907, §2457; Code 1923, §5663; Code 1940, T. 7, §87.)

§ 6-5-211 Slander of Title

The owner of any estate in lands may commence an action for libelous or slanderous words falsely and maliciously impugning his title.

(Code 1907, §2459; Code 1923, §5665; Code 1940, T. 7, §89.)

§ 6-5-212 Bare Right of Possession

The bare right of possession to lands authorizes their recovery by the owner of such right and also damages for the withholding of the right.

(Code 1907, §2453; Code 1923, §5659; Code 1940, T. 7, §83.)

§ 6-5-213 Bare Possession

The bare possession of land authorizes the possessor to recover damages from any person who wrongfully, in any manner, interferes with such possession.

(Code 1907, §2454; Code 1923, §5660; Code 1940, T. 7, §84.)

§ 6-5-214 Action for Trespass by Person Having Bare Title

The person having title to lands, if no one is in actual possession under the same title with him, may commence an action for trespass thereon; and if a tenant is in possession and the trespass is such as injures the freehold, the owner, a remainderman, or reversioner may maintain trespass.

(Code 1907, §2455; Code 1923, §5661; Code 1940, T. 7, §85.)

§ 6-5-215 When Possession Disputed

Where two persons claim to have actual possession of the same land, he is deemed in possession who has the legal title, and the other is a trespasser.

(Code 1907, §2456; Code 1923, §5662; Code 1940, T. 7, §86.)

§ 6-5-216 Unlawful Interference with Right-of-Way

The unlawful interference with the right-of-way, or of common, is a trespass to the party entitled thereto.

(Code 1907, §2458; Code 1923, §5664; Code 1940, T. 7, §88.)

§ 6-5-217 Damages for Continuous Trespass

Damages for continuous trespass are limited to those which have occurred before and up to the trial. Subsequent damages flowing from a continuance of the trespass give a new cause of action.

(Code 1907, §2460; Code 1923, §5666; Code 1940, T. 7, §90.)

§ 6-5-218 Rule of Prescription Regarding Damages Arising Out of Improvements to Real Property

(a) No action in tort, contract, or otherwise shall be commenced against any person performing or furnishing the design, planning, supervision, or observation of construction or the construction of an improvement to real property more than seven years after the substantial completion of such improvement for the recovery of damages for:

(1) Any deficiency in the design, planning, supervision, or observation of construction or construction of such an improvement; or

(2) Injury to real or personal property caused by any such deficiency; or

(3) Injury to or wrongful death of a person caused by any such deficiency.

(b) The prohibition provided in this section shall apply to any action commenced against a person for his own act, or failure to act, or for the act, or failure to act, of his employees; likewise, the prohibition contained in this section shall extend to every demand, whether commenced by direct action or for contribution or indemnity or by third-party practice and whether commenced by an owner of the subject improvement or by any other person.

(c) Where an action for damage for wrongful death or injury to a person or damages to property, caused by any deficiency in an improvement to real property, is commenced against a person in actual possession or control as owner, tenant, or otherwise of such improvement, the prohibition prescribed by this section shall not be a defense for such person.

(d) This section shall not be construed to extend any applicable statute of limitations or time for commencing civil actions against any person performing or furnishing the design, planning, supervision, or observation of construction or the construction of an improvement to real property.

(e) As used in this section, the word “person” shall mean an individual, partnership, corporation, association, or any other legal entity.

(Acts 1969, No. 788, p. 1418, §1.)

Article 13A Actions Against Architects, Contractors, Engineers

§ 6-5-220 Definitions

As used in this article, the following words and phrases used herein shall have the following meaning ascribed to them:

(a) BUILDER. Any individual, partnership, firm, or corporation that constructed, or performed or managed the construction of, an improvement, or any portion thereof, on or to real estate, and at the time of the construction was licensed as a general contractor in the State of Alabama.

(b) ARCHITECT. Any individual who, at the time the architectural services were performed, was legally qualified to practice architecture and held an unexpired registration as an architect in the State of Alabama; any partnership, corporation, professional corporation, or professional association which, at the time the architectural services were performed, was legally qualified to practice architecture in the State of Alabama; and all employees or agents of the registered architect or of his or her entity or firm acting under the instruction, control, or supervision of the registered architect.

(c) ENGINEER. Any individual who, at the time the engineering services were performed, was legally qualified to practice engineering and held an unexpired registration as a professional engineer in the State of Alabama; any individual who, at the time the engineering services were performed, was legally qualified to practice engineering and was certified as an engineer-in-training in the State of Alabama; any partnership, firm, or corporation which, at the time the engineering services were performed, was legally qualified to practice engineering and held an unexpired certificate of authorization to practice engineering in the State of Alabama; and all employees or agents of the registered engineer or of his or her entity or firm acting under the instruction, control, or supervision of the registered engineer.

(d) SUBSTANTIAL COMPLETION OF CONSTRUCTION OR CONSTRUCTION OF IMPROVEMENT. The time at which the construction of the improvement on or to real estate is sufficiently completed so that the owner, tenant, or other person can occupy or utilize the improvement, or a designated portion thereof, for the use for which it is intended.

(e) CAUSE OF ACTION ACCRUES OR ARISES. The time when a person is injured, including injury which results in death, or when property is damaged as a proximate result of a defect or deficiency in design, planning, testing, supervision, administration, or observation of construction of an improvement by an architect or engineer or in the construction of an improvement on or to real estate, constructed, performed, or managed by a builder; or where the damage or injury either is latent or by its nature is not discoverable in the exercise of reasonable diligence at the time of its occurrence, the claim for relief shall be deemed to arise or accrue at the time the damage or injury is or in the exercise of reasonable diligence should have been first discovered, whichever is earlier. The cause of action accrues or arises whether or not the full amount of damages is apparent at the time of the first injury or damage, and cannot be extended as a continuous wrong. Property damage shall include both physical damages to, and defective condition of, the property.

(f) CONSTRUCTION or CONSTRUCTED. Includes building, constructing, erecting, fabricating, or assembling.

(g) IMPROVEMENT ON OR TO REAL PROPERTY. Anything that is constructed on or to real property, whether on, under, or over land or water, that enhances the value of real property permanently for general uses, including, without limitation, buildings, structures, fixtures, walls, fences, locks, dams, embankments, bulkheads, docks, jetties, drilling and other platforms and rigs, highways, bridges, canals, ditches, waterways, railroads, sewers, pipelines, pole lines, storage tanks, machinery, equipment and other improvements, and any extension, alteration, addition, or portion thereof.

(Acts 1994, No. 94-138, p. 183, §1.)

§ 6-5-221 Limitation on Time for Commencement of Action

(a) All civil actions in tort, contract, or otherwise against any architect or engineer performing or furnishing the design, planning, specifications, testing, supervision, administration, or observation of any construction of any improvement on or to real property, or against builders who constructed, or performed or managed the construction of, an improvement on or to real property designed by and constructed under the supervision, administration, or observation of an architect or engineer, or designed by and constructed in accordance with the plans and specifications prepared by an architect or engineer, for the recovery of damages for:

shall be commenced within two years next after a cause of action accrues or arises, and not thereafter. Notwithstanding the foregoing, no relief can be granted on any cause of action which accrues or would have accrued more than seven years after the substantial completion of construction of the improvement on or to the real property, and any right of action which accrues or would have accrued more than seven years thereafter is barred, except where prior to the expiration of such seven-year period, the architect, engineer, or builder had actual knowledge that such defect or deficiency exists and failed to disclose such defect or deficiency to the person with whom the architect, engineer, or builder contracted to perform such service.

(b) This section shall apply to any civil action commenced against an architect, engineer, or builder as defined in this article, whether for his or her own act or omission or failure to act, for the act or omission or failure to act of his or her agents or employees, or for the act or omission or failure to act of any person or entity, its agents, or employees, who are acting under the instructions, control, or supervision of the architect, engineer, or builder.

(c) This section shall apply and extend to every action or demand, whether commenced by direct action, action for contribution or indemnity, or by counterclaim, cross-claim, or third party practice and whether commenced by an owner of the improvement or any other person.

(d) This section shall not apply to, shall not be a defense for, and does not proscribe a cause or right of action against any architect, engineer, or builder who, at the time the cause of action accrues or arises, is the owner or is in actual possession or control as owner, tenant, or otherwise of the improvement.

(e) When the architect, engineer, or builder has been the owner or the person in actual possession or control, in whatever capacity, of the improvement during the seven-year period after the substantial completion of construction of the improvement on or to real property, but not at the time the cause of action accrues or arises, the time of the ownership, possession, or control shall not be computed as a portion of the time necessary to create a bar for the action or of relief by virtue of the passage of time after the substantial completion of the improvement.

(Acts 1994, No. 94-138, p. 183, §2; Act 2011-519, p. 830, §1.)

§ 6-5-222 Statute of Limitations - Computation of Period

Section 6-5-221 shall be subject to all existing provisions of law relating to the computation of statutory periods of limitation for the commencement of actions, set forth in Sections 6-2-1, 6-2-2, 6-2-3, 6-2-5, 6-2-6, 6-2-8, 6-2-9, 6-2-10, 6-2-13, 6-2-15, 6-2-16, 6-2-17, 6-2-30 and 6-2-39(b), as amended. Notwithstanding any provisions of Section 6-2-8, no disability set forth in Section 6-2-8 shall extend the period of limitations set forth in Section 6-5-221 so as to allow such action to be commenced more than seven years after the cause of action accrues; provided further, that notwithstanding any provisions of such sections, no relief can be granted for any cause of action which accrued, and any right of action is barred which would have accrued, more than seven years after the substantial completion of construction of such improvement.

(Acts 1994, No. 94-138, p. 183, §3; Act 2011-519, p. 830, §1.)

§ 6-5-223 Applicability

This article shall not apply to civil causes of action in tort, contract, or otherwise, which accrued or arose prior to February 25, 1994. Where construction was completed but no civil cause of action accrued prior to February 25, 1994, this article shall apply to the construction of the improvement on or to real estate, and, for the purposes of the time limitations provided in this article, substantial completion of construction of the improvement on or to real estate shall be deemed to be February 25, 1994, but shall not revive any cause of action barred under existing law.

(Acts 1994, No. 94-138, p. 183, §4.)

§ 6-5-224 Causes of Action Barred Under Existing Law

This article shall not be construed to create any cause of action against, or impose any liability on, or revive any cause of action barred under existing law against any architects, engineers, or builders, or any licensed real estate brokers or salesmen, or any other persons.

(Acts 1994, No. 94-138, p. 183, §5.)

§ 6-5-225 Time for Commencement of Action Against Architects, Engineers, and Builders

(a) It is the purpose and intent of the Legislature in connection with all actions against architects and engineers, who perform or furnish the design, planning, specifications, testing, supervision, administration, or observation of the construction of an improvement on or to real property, and builders who construct, perform, or manage the construction of an improvement on or to real property designed by and constructed under the supervision, administration or observation of, or in accordance with the plans and specifications prepared by, an architect or engineer, to limit the time for commencement of an action to a period of two years from the date a cause of action accrues and to bar all causes of action and rights of action which accrue more than seven years after substantial completion of such improvement. The Legislature finds that this classification distinguishing architects, engineers, and builders is rationally and reasonably related to the legislative regulatory scheme and is valid. The Legislature has declared that the practices of architecture and engineering are subject to regulation and control in the public interest and has established high professional standards which must be met by architects and engineers to qualify them to practice architecture and engineering in the State of Alabama. These requirements imposed by the Legislature make the practices of architecture and engineering learned professions fully regulated and accountable to the state and members of the public. Regulation has also been imposed by the Legislature upon general contractors who construct such improvements on or to real property. Builders distinguished in this article are those licensed as general contractors who construct, or perform or manage the construction of, such improvements designed by and constructed under the supervision, administration or observation of, or in accordance with the plans and specifications prepared by an architect or engineer.

(b) This article bears a reasonable relationship to the proposed legislative objective of limiting the period of liability for architects and engineers and builders whose professional services or work on improvements to real property generally ends at the time of substantial completion of the improvement. While protecting architects and engineers from exposure to liabilities for injuries and damages occurring long after the completion of their professional architectural and engineering services and builders as defined from exposure to liabilities for injuries and damages occurring long after the completion of their work, the article imposes no unfair burden on the injured party for he or she is still afforded an avenue of legal action to seek redress from those who are more likely to have been responsible for or could have prevented such injury.

(c) It is the legislative intent and purpose to establish a single period of limitation for all civil actions, whether in tort, contract, or otherwise, commenced against architects and engineers and builders, which limitation period is two years from the date the cause of action accrues. This limitation period is equally applicable to actions in tort which currently must be commenced within two years from the date injury occurs, and those founded on contract which currently may be commenced within two years for oral contracts, six years for written contracts, or ten years for written contracts under seal after the completion of the contract work. The proposed two-year statute provides a uniform period of two years for filing all causes of action against architects in tort, contract, or otherwise, but provides that the statute of limitation does not commence until the time of injury or damage, which extends the commencement of the time for filing contract actions, or where latent or by its nature not reasonably discovered, does not commence until the time of discovery thereby applying for the first time to both these tort and contractual actions, the so-called “discovery rule.” These changes accrue to the benefit of the injured party, and the Legislature finds that this benefit constitutes an adequate quid pro quo for abolishing rights of action which have not accrued within seven years of substantial completion of their work.

(d) It is the further legislative objective to provide for the abolishing of rights of action against architects and engineers and builders which would have accrued after the passage of seven years from the substantial completion of the construction of an improvement on or to real property, except rights of action for breach of written express warranties, contracts, or indemnities which extend beyond seven years. Where causes of action accrue during the seven years from completion, an action may be brought within two years of accrual even though this extends beyond the seven-year period. This permits all injured parties a period of two years to file suit unless already barred because the cause of action accrues after the passage of seven years, which would in certain circumstances permit the filing of an action up to nine years after the completion of the improvement (or up to two years after the expiration of written express warranties, contracts, or indemnities).

(e) The legislative objective of abolishing potential liabilities of architects and engineers and builders after the passage of a sufficient period of time from the completion of their work is rationally and reasonably related to the permissible state objective of removing responsibility from, and preventing suit against these regulated professions and builders which are least likely to be responsible or at fault for defects and deficiencies which cause injury long after their services or work is completed. The Legislature has deemed that, after a lapse of time of more than seven years without incident, the burden on the courts to adjudicate, the complexities of proof with the obstacle of faded memories, unavailable witnesses and lost evidence, and even where evidence is available, the opportunity for intervening factors such as acts or omissions of others in inadequate maintenance, improper use, intervening alterations, improvements and services, and other negligence, and such as changes in standards for design and construction and changes in building codes, and the burden on architects and engineers and builders, who have no control over the improvements after their services are completed, to disprove responsibility after acceptance and years of possession by other parties, all weigh more heavily in favor of repose or the abolishing of rights of action against architects and engineers and builders than allowing adjudication of the few, if any, meritorious claims which might have accrued thereafter. The Legislature finds that the burden of tenuous claims upon both the courts and architects and engineers and builders sufficiently vindicates the denial of a right of action after the passage of a period of seven years from the substantial completion of the construction of the improvement.

(Acts 1994, No. 94-138, p. 183, §6; Act 2011-519, p. 830, §1.)

§ 6-5-226 Causes of Action Not Abrogated

Nothing contained in this article shall be construed to abrogate any cause of action for products liability, or for breach of warranty, or for violation of the Alabama Extended Manufacturer’s Liability Doctrine, or bar any cause of action or right of action against any party other than an architect, engineer, or builder as defined in this article.

(Acts 1994, No. 94-138, p. 183, §7.)

§ 6-5-227 Causes of Action for Breach of Written Express Warranty, Contract, or Indemnity Against Architects, Engineers, and Builders

Nothing contained in this article shall be construed to bar, prior to the expiration of a written express warranty, contract, or indemnity, causes of action or rights of action in contract against architects, engineers, and builders as defined in this article arising out of breach of contract for written express warranties, contracts, or indemnities which by the written terms thereof shall extend beyond the period of seven years after the substantial completion of construction of an improvement on or to the real property. Any written express warranty, contract, or indemnity for the purposes of an action in contract based upon the written express warranty, contract, or indemnity shall be enforceable for the period of time specified in writing, and all civil actions in contract arising out of the written express warranty, contract, or indemnity against any architect, engineer, or builder who gave the written express warranty, contract, or indemnity must be commenced within two years next after the cause of action accrues or arises, and not thereafter; and no relief can be granted and shall be barred on any cause of action which accrues after the expiration of the term or period of said written express warranty, contract, or indemnity.

(Acts 1994, No. 94-138, p. 183, §8; Act 2011-519, p. 830, §1.)

§ 6-5-228 Actions Relating to Sale or Disposition of Real Estate; Actions Against Persons Other Than Architects, Engineers, or Builders

Nothing contained in this article shall be construed as affecting any period of limitation for any cause of action arising out of or relating to the sale or disposition of real estate, or against any person other than architects, engineers, and builders as defined in this article.

(Acts 1994, No. 94-138, p. 183, §9.)

Article 14A Redemption of Real Estate

§ 6-5-247 Definitions

Unless the context otherwise requires, the words defined in this section shall have the following meanings when found in this article:

(1) SALE or SOLD. Any execution, judgment, or foreclosure sale, whether the sale is made under any power of sale in any mortgage or deed of trust or statutory power of sale, or by virtue of any judgment in any court of competent jurisdiction.

(2) MORTGAGE. Any mortgage, deed of trust, or any other instrument intended to secure the payment of money, such as an instrument which includes a vendor’s lien.

(3) JUNIOR MORTGAGE. Any mortgage, deed of trust, or any other instrument intended to secure the payment of money by the transfer of an interest in real property, such as a conveyance which includes a vendor’s lien, which are lower in priority than the foreclosed mortgage or lien.

(Acts 1988, No. 88-441, p. 647, §1.)

§ 6-5-248 Who May Redeem; Priorities

(a) Where real estate, or any interest therein, is sold, it may be redeemed by:

(1) Any debtor, including any surety or guarantor.

(2) Any mortgagor, even if the mortgagor is not personally liable for payment of a debt.

(3) Any junior mortgagee, or its transferee.

(4) Judgment creditor, or its transferee.

(5) Any transferee of the interests of the debtor or mortgagor, either before or after the sale. A transfer of any kind made by the debtor or mortgagor will accomplish a transfer of the interests of that party.

(6) The respective spouses of all debtors, mortgagors, or transferees of any interest of the debtor or mortgagor, who are spouses on the day of the execution, judgment, or foreclosure sale.

(7) Children, heirs, or devisees of any debtor or mortgagor.

(b) All persons named or enumerated in subdivisions (a)(1) through (a)(7) may exercise the right of redemption granted by this article within 180 days from the date of the sale for residential property on which a homestead exemption was claimed in the tax year during which the sale occurred, or within one year from the date of the sale for all other property.

(c)(1) When any judgment creditor or junior mortgagee or any transferee of a judgment creditor or a junior mortgagee redeems under this article, all recorded judgments, recorded mortgages, and recorded liens having a higher recorded priority in existence at the time of the sale are revived against the real estate redeemed and against the redeeming party and such shall become lawful charges pursuant to Section 6-5-253(a)(4) to be paid off at redemption.

(2) Once any lienholder, recorded judgment creditor, or junior mortgagee is paid the amount of the person’s debt and any accrued interest and other contractual charges, the person has no further right to redeem.

(3) Any lienholder, recorded judgment creditor, or junior mortgagee with a lower recorded priority may redeem from those having a higher recorded priority who have redeemed.

(d) When any debtor, mortgagor, their transferees, their respective spouses, children, heirs, or devisees redeem, all recorded judgments, recorded mortgages, and recorded liens in existence at the time of the sale are revived against the real estate redeemed and against the redeeming party and further redemption by some party other than the mortgagor or debtor under this article is precluded.

(e)(1) When any debtor or mortgagor conveys his or her interest in property subject to a mortgage prior to sale wherein he or she is released from liability for the debt, his or her right of redemption under this article is terminated. In the same manner, the right of redemption granted under this article to the spouses, children, heirs, or devisees of debtors or mortgagors terminates when the debtors or mortgagors have conveyed their interests in the property and are released from liability for the debt.

(2) However, where debtors or mortgagors have conveyed their interests in the property but remain liable on the debt and are debtors at the date of the foreclosure sale, the debtors and mortgagors retain their right of redemption under this article and in the same manner, their spouses, children, heirs, or devisees continue to be entitled to the right of redemption under this article.

(f) A redemption made by any person under this article, other than the debtors or mortgagors and their respective spouses, children, heirs, or devisees, shall preclude any further redemption by the person.

(g) Subject to subsection (e), a mortgagor and debtor have priority over any other redeeming party and a mortgagor has priority over a debtor.

(h) The mortgagee who forecloses residential property on which a homestead exemption was claimed in the tax year during which the sale occurred shall give notice to the mortgagor who signed the mortgage in substance as follows: “Alabama law gives some persons who have an interest in property the right to redeem the property under certain circumstances. Programs may also exist that help persons avoid or delay the foreclosure process. An attorney should be consulted to help you understand these rights and programs as a part of the foreclosure process.” This notice shall be mailed to the mortgagor at the address of the property subject to foreclosure at least 30 days prior to the foreclosure date by certified mail with proof of mailing. This notice also shall be included in the notice required pursuant to Section 35-10-13. For foreclosed residential property on which a homestead exemption was claimed in the tax year during which the sale occurred, the period of time during which a right of redemption may be exercised shall not begin until notice is given in accordance with this subsection; provided that under no circumstances may a right of redemption be exercised later than one year after the date of foreclosure. A defective notice, or the failure to give notice, will not affect the validity of the foreclosure, including the transfer of title to the property. Possession or production of the proof of mailing of this notice shall constitute an affirmative defense to any action related to the notice requirement. All actions related to the notice requirement must be brought within one year after the date of foreclosure or the action shall be barred.

(Acts 1988, No. 88-441, p. 647, §2; Act 2015-79, p. 283, §1; Act 2018-126, §1.)

§ 6-5-248.1 Application of Act 2015-79

(a) The amendments to Sections 6-5-248, 6-5-252, and 8-1-172, by Act 2015-79 are prospective and shall not apply to the following:

(1) Sales made under a power of sale contained in any mortgage or junior mortgage dated prior to January 1, 2016.

(2) Sales made pursuant to a statutory power of sale with respect to any mortgage or junior mortgage dated prior to January 1, 2016.

(3) Sales by virtue of a judgment rendered by a court prior to January 1, 2016.

(b) Except as provided in subsection (a), the amendments in Sections 6-5-248, 6-5-252, and 8-1-172 reducing the period during which a person is required to exercise the right of redemption or file his or her complaint shall apply to all sales of property foreclosed under a mortgage or sold by virtue of a judgment.

(Act 2015-79, §2.)

§ 6-5-249 Rights Under This Article Extended to Executors and Administrators

(a) The rights of redemption secured by this article may be asserted, within the time limit provided, by

(1) the executor or administrator of any debtor or by the debtor’s heirs or devisees;

(2) the executor or administrator of any mortgagor or by the mortgagor’s heirs or devisees;

(3) the executor or administrator of any transferees, assignees, or vendees of the debtors or mortgagors or by their heirs or devisees; or

(4) the executor or administrator of any judgment creditor or junior mortgagee of the debtor or their transferees.

(b) The rights of redemption, secured by this article may be asserted, within the time limit provided, against

(1) the executor or administrator of any junior mortgagee or transferees or assignees of the junior mortgagee;

(2) the executor or administrator of any judgment creditor or transferees or assignees of any judgment creditor;

(3) the executor or administrator of the purchaser of the land or the executor or administrator of any assignee or transferees of the purchaser.

(Acts 1988, No. 88-441, p. 647, §3.)

§ 6-5-250 Characterization of Rights of Redemption Under This Article

The statutory rights of redemption given or conferred by this article are mere personal privileges and not property or property rights. The privileges must be exercised in the mode and manner prescribed by statute and may not be waived in a deed of trust, judgment, or mortgage, or in any agreement before foreclosure or execution sale. The right of privilege conferred under this article is not subject to levy and sale under execution or attachment nor is it subject to alienation except in the cases provided for in this article; but if the right or privilege is perfected by redemption as provided in this article, then, and not until then, it becomes property or rights of property subject to levy, sale, alienation, or other disposition, except as is expressly authorized by statute.

(Acts 1988, No. 88-441, p. 647, §4.)

§ 6-5-251 Delivery of Possession to Purchaser on Demand

(a) The possession of the land must be delivered to the purchaser or purchaser’s transferees by the debtor or mortgagor if in their possession or in the possession of anyone holding under them by privity of title, within 10 days after written demand for the possession has been made by, or on behalf of, the purchasers or purchaser’s transferees.

(b) If the land is in the possession of a tenant, written notice must be given to the debtor or mortgagor, and the debtor or mortgagor must direct the tenant to deliver possession or recognize the purchaser as his or her landlord in the event the lease antedates the mortgage, judgment, or levy. If the debtor or mortgagor cannot be found, notice to the tenant is sufficient and he must deliver possession within 10 days.

(c) Failure of the debtor or mortgagor or anyone holding possession under him or her to comply with the provisions of this section forfeits the right of redemption of the debtor or one holding possession under the debtor.

(Acts 1988, No. 88-441, p. 647, §5.)

§ 6-5-252 Demand for Statement of Debt and Lawful Charges by Person Entitled to Redeem

Anyone desiring and entitled to redeem may make written demand of the purchaser or his or her transferees for a statement in writing of the debt and all lawful charges claimed by him or her, and the purchaser or their transferees shall, within 10 days after the written demand, furnish the person making the demand with a written, itemized statement of all lawful charges claimed by him or her. The redeeming party must then tender all lawful charges to the purchaser or his or her transferee. If the purchaser or his or her transferee fails to furnish a written, itemized statement of all lawful charges within 10 days after demand, he or she shall forfeit all claims or right to compensation for improvements, and the party so entitled to redeem may, on the expiration of the 10 days, file his or her complaint without a tender to enforce his or her rights under this article and file a lis pendens with the probate court.

Tender or suit shall be made or filed within 180 days from foreclosure for residential property on which a homestead exemption was claimed in the tax year during which the foreclosure occurred, or within one year from foreclosure for all other property.

(Acts 1988, No. 88-441, p. 647, §6; Act 2015-79, §1.)

§ 6-5-253 Payment or Tender of Purchase Money and Other Lawful Charges, with Interest

(a) Anyone entitled and desiring to redeem real estate under the provisions of this article must also pay or tender to the purchaser or his or her transferee the purchase price paid at the sale, with interest at the rate allowed to be charged on money judgments as set forth in Section 8-8-10 (as it is now or hereinafter may be amended), and all other lawful charges, also with interest as aforesaid; lawful charges are the following:

(1) Permanent improvements as prescribed herein.

(2) Taxes paid or assessed.

(3) All insurance premiums paid or owed by the purchaser.

(4) Any other valid lien or encumbrance paid or owned by such purchaser or his or her transferee or if the redeeming party is a judgment creditor or junior mortgagee or any transferee thereof, then all recorded judgments, recorded mortgages, and recorded liens having a higher priority in existence at the time of sale which are revived under Section 6-5-248(c).

If the redemption is made from a person who at the time of redemption owned the debt for which the property was sold, the redemptioner must also pay any balance due on the debt, with interest as aforesaid thereon to date.

(5) Mortgagees of the purchaser, or their transferees, are considered transferees of the purchaser, and a party redeeming must pay all mortgages made by the purchaser or his or her transferee on the land to the extent of the purchase price.

If the purchaser’s mortgages do not exceed the amount of the purchase price, the balance must be paid to the purchaser.

(b) If the redeeming party is the debtor, mortgagor, their respective spouses, children, heirs, or devisees then, unless otherwise provided herein, the judgments, mortgages, and liens revived pursuant to 6-5-248(d) are not lawful charges as defined in subsection (a).

(c) The purchaser shall be entitled to all rents paid or accrued including oil and gas or mineral agreement rentals to the date of the redemption, and the rents must be prorated to such date. The purchaser or his or her transferee and his or her tenants shall have the right to harvest and gather the crops grown by them on the place for the year in which the redemption is made, but must pay a reasonable rent for the lands for the proportion of the current year to which such redemptioner may be entitled.

(d) Any one entitled and desiring to redeem shall be granted a credit as against the amount of money required to be paid for redemption as follows:

(1) For all timber cut or sold on the land by the purchaser or his or her transferees, during the statutory period of redemption.

(2) For any oil and gas, minerals (including coal bed gas), sand, and gravel, taken from the land or sold, and for advanced royalties or bonuses received by the purchaser or his or her transferees, during the statutory period of redemption.

(3) To the extent the value of the property is diminished when any structures or buildings are changed, removed, demolished, or destroyed by the purchaser or his or her transferees during the statutory period of redemption.

(Acts 1988, No. 88-441, p. 647, §7; Acts 1989, No. 89-525, p. 1074, §1.)

§ 6-5-254 Payment of Value of Permanent Improvements; How Value of Improvements Ascertained

(a) Any person offering to redeem must pay to the then holder of the legal title the value of all permanent improvements made on the land since the sale, and if the holder of the legal title cannot be ascertained, payment may be made to the circuit court of the county having jurisdiction of the subject matter when the complaint is filed to redeem. In response to written demand made under Section 6-5-252, the then holder of the legal title shall, within 10 days from the receipt of such demand, furnish the proposed redemptioner with the amount claimed as the value of such permanent improvements; and within 10 days after receipt of such response, the proposed redemptioner either shall accept the value so stated by the then holder of the legal title or, disagreeing therewith, shall appoint a referee to ascertain the value of such permanent improvements and in writing notify the then holder of the legal title of his or her disagreement and of the fact and name of the referee appointed by him or her. Within 10 days after the receipt of such notice, the then holder of the legal title shall appoint a referee to ascertain the value of the permanent improvements and advise the proposed redemptioner of the name of the appointee. The two referees shall, within 10 days after the then holder of the legal title has appointed his or her referee, meet and confer upon the award to be made by them. If they cannot agree, the referees shall at once appoint an umpire, and the award by a majority of such body shall be made within 10 days after the appointment of the umpire and shall be final between the parties.

(b) If a person offering to redeem fails or refuses to nominate a referee as provided in subsection (a) of this section, he or she must pay the value put upon the improvements by the then holder of the legal title. If the then holder of the legal title fails or refuses to appoint a referee, as provided in subsection (a) of this section, the then holder of the legal title shall forfeit his or her claim to compensation for such improvements. The failure of the referees, or either of them, to act or to appoint an umpire shall not operate to impair or to forfeit the right of either the proposed redemptioner or of the then holder of the legal title in the premises; and, in the event of failure without fault of the parties to effect an award, the appropriate court shall proceed to ascertain the true value of such permanent improvements and enforce the redemption accordingly.

(Acts 1988, No. 88-441, p. 647, §8.)

§ 6-5-255 Failure or Refusal of Purchaser to Reconvey Title

If the purchaser or his or her vendee or transferee fails or refuses to reconvey to such party entitled and desiring to redeem such title as the party acquired by the sale and purchase, such party so paying or tendering payment shall thereupon have the right to file in the circuit court having jurisdiction thereof a complaint to enforce his or her rights of redemption.

(Acts 1988, No. 88-441, p. 647, §9.)

§ 6-5-256 Settlement and Adjustment of Rights and Equities by Circuit Court When Complaint Filed

Upon the filing of any complaint as provided in these sections and paying into court the amount of purchase money and the interest necessary for redemption and all lawful charges, if the written statement thereof has been furnished or, if not furnished, offering to pay such debt or purchase price and all lawful charges, the circuit court shall take jurisdiction thereof and settle and adjust all the rights and equities of the parties, as provided in this article.

(Acts 1988, No. 88-441, p. 647, §10.)

§ 6-5-257 Applicability

This article applies only to mortgages foreclosed after January 1, 1989.

(Acts 1988, No. 88-441, p. 647, §11.)

Article 15 Personal Property Actions

§ 6-5-260 Deprivation of Owner of Possession

The owner of personalty is entitled to possession thereof. Any unlawful deprivation of or interference with such possession is a tort for which an action lies.

(Code 1907, §2461; Code 1923, §5667; Code 1940, T. 7, §91.)

§ 6-5-261 Interference with Mere Possession

Mere possession of a chattel, if without title or wrongfully, will give a right of action for any interference therewith, except as against the true owner or the person wrongfully deprived of possession.

(Code 1907, §2462; Code 1923, §5668; Code 1940, T. 7, §92.)

§ 6-5-262 Trespass - Generally

Any abuse of or damage done to the personal property of another unlawfully is a trespass for which damages may be recovered.

(Code 1907, §2463; Code 1923, §5669; Code 1940, T. 7, §93.)

§ 6-5-263 Trespass - Bailments

In case of bailments where the possession is in the bailee, a trespass committed during the existence of the bailment will give a right of action to the bailee for the interference with his special property and a concurrent right of action to the bailor for the interference with his general property.

(Code 1907, §2464; Code 1923, §5670; Code 1940, T. 7, §94.)

§ 6-5-264 Rights of Remainderman or Reversioner

A remainderman or reversioner of personalty may commence an action against a wrongdoer for any injury going to destroy the existence or ultimate value of the property. In such cases, the tenant in possession and remainderman or reversioner may sue jointly for the injury to the entire estate, the recovery being held under like limitations.

(Code 1907, §2465; Code 1923, §5671; Code 1940, T. 7, §95.)

Article 15A Recovery for Theft of Merchandise

§ 6-5-270 Legislative Findings

The Legislature finds that shoplifting and employee theft have reached near epidemic proportions and that efforts to control these criminal offenses through traditional methods have proven unsuccessful and costly to both the general public and to business.

The existing criminal justice system is overcrowded and burdened thereby causing unreasonable delay. Continual use of the criminal justice system for shoplifting and employee theft offenses creates a further strain on an already overcrowded criminal docket, thereby requiring more tax revenue to pay for a continual expansion of the criminal justice system.

The continuous growth of shoplifting and employee theft cases in the face of traditional efforts to control these offenses represent added cost to retailers which, in turn, is passed on to the consumer in higher prices. Additionally, the merchandise lost to theft is not converted to profit in the form of sales for the retailer which results in millions of dollars in tax revenues lost.

Therefore, the Legislature deems that the utilization of an alternative form of deterrence to eliminate shoplifting and employee theft which avoids the stigma of a criminal record is more desirable than the present system.

(Acts 1993, No. 93-676, §1.)

§ 6-5-271 Liability for Theft or Attempted Theft; Liability of Parents of Unemancipated Minor; Liability for Defrauding an Eating Establishment; Liability of Foster Home

(a) An adult or emancipated minor who commits or attempts to commit a theft of property consisting of goods for sale on the premises of a merchant in violation of Sections 13A-8-3, 13A-8-4, or 13A-8-5, shall be civilly liable to the merchant in an amount consisting of all of the following:

(1) The full retail value of the merchandise if not recovered in merchantable condition at its full retail price.

(2) Expenses for recovery of the merchandise in the amount of $200.

(3) Reasonable attorney’s fees and court costs not to exceed $1000.

(b) Parents or legal guardians of an unemancipated minor under the age of 19 shall be liable in a civil action for the minor who commits or attempts to commit a theft of property consisting of goods for sale on the premises of a merchant in violation of Sections 13A-8-3, 13A-8-4, or 13A-8-5, to the merchant in an amount consisting of all of the following:

(1) The full retail value of the merchandise if not recovered in merchantable condition at its full retail price.

(2) Expenses for recovery of the merchandise in the amount of $200.

(3) Reasonable attorney’s fees and court costs not to exceed $1000.

(4) Parents or legal guardians of an unemancipated minor under the age of 19 shall only be liable in a civil action in any calender year for up to three offenses under the provisions of this article with a maximum liability of $750 for each offense.

(c) A customer who orders a meal in a restaurant or other eating establishment, receives at least a portion thereof, and then leaves with the intent to defraud the eating establishment, without paying for the meal is subject to liability under this section, if such meal is received by the customer in a good and merchantable condition.

(d) Persons operating a certified foster home are not liable under this section for the acts of children not related to them by blood or marriage who are under their care, nor shall parents or legal guardians whose child is not living with them or where the juvenile violates Sections 13A-8-3, 13A-8-4 or 13A-8-5, with the intent to make the parent or legal guardian liable, be held liable under this article.

(Acts 1993, No. 93-676, §2.)

§ 6-5-272 Conviction or Plea of Guilty Not Prerequisite to Suit; Letter of Demand for Remittance

(a) A conviction or a plea of guilty to the criminal offense of theft of property as defined in Title 13A, Chapter 8, is not a prerequisite to the bringing of a civil suit, obtaining a judgment, or collecting that judgment under this article.

(b) The fact that a merchant may bring a civil action against an individual as provided in this article shall not limit the right of the merchant to demand, in writing as set out in subsection (c) below, that a person who is liable for damages and penalties under this article remit the damages and penalties prior to the consideration of the commencement of any legal action.

(c) The demand letter must be prepared and include the following:

On (insert date), you were apprehended for taking possession of, without paying for, merchandise belonging to (name of retailer/merchant).

Under Alabama statute, a retailer/merchant is granted a civil cause of action against the person who intentionally deprives or intends to deprive a retailer/merchant of any merchandise without paying for it. The statute further provides that, separate from, and in addition to, any criminal action arising from your conduct, you may be held civilly liable for:

(a) Cost of merchandise, if damaged;

(b) Expenses for the recovery of the merchandise of $200; and

(c) Court costs and reasonable attorneys’ fees.

This letter represents a demand from you for $ (amount) as a means of satisfying this civil matter.

We do not wish to file a civil action against you. However, if we do not receive payment within 30 days from the date of this letter, we will make every effort to enforce our rights under this statute, which may include a civil court action.

(Acts 1993, No. 93-676, §3.)

§ 6-5-273 Jurisdiction of Courts

An action for recovery of damages and penalties under this article may be brought in any court of competent jurisdiction, including the small claims division of a district court in the county where the merchant is located, if the person or the parent or legal guardian of the unemancipated minor who committed the theft offense fails to make payment to the merchant of the amount specified in the demand within 30 days after the date of service of the written demand upon him or her, if the total damages do not exceed the jurisdictional limit of the small claims division.

(Acts 1993, No. 93-676, §4.)

§ 6-5-274 Attorney’s Fees

No attorney’s fees shall be charged or collected unless a civil action has been filed under the provisions of this article.

(Acts 1993, No. 93-676, §5.)

§ 6-5-275 Construction of Article

This article shall not be construed to prohibit or limit any other course of action which a merchant may have against a person who unlawfully takes merchandise from the merchant’s premises. Enforcement of this article is not a violation of Section 13A-10-7.

(Acts 1993, No. 93-676, §6.)

Article 16 Contracts, Promises and Notes

§ 6-5-280 Breach of Contract - Limitation on Actions

If a contract is entire, only one action can be commenced for breach thereof; but if it is severable or if the breaches occur at successive periods in an entire contract, as where money is to be paid by installments, an action will lie for each breach; provided, that all the breaches occurring up to the commencement of the action must be included therein.

(Code 1907, §2505; Code 1923, §5721; Code 1940, T. 7, §140.)

§ 6-5-281 Breach of Contract - Successive Actions

Successive actions may be maintained upon the same contract or transaction whenever, after the former action, a new claim arises therefrom.

(Code 1852, §2232; Code 1867, §2634; Code 1876, §2983; Code 1886, §2669; Code 1896, §34; Code 1907, §2494; Code 1923, §5706; Code 1940, T. 7, §133.)

§ 6-5-282 Breach of Contract - Ratable Compensation for Services

When a person contracts for the performance of services by himself for a stipulated period of time and is prevented from full performance of the contract by sickness or death, he or his personal representative, as the case may be, may recover a ratable compensation for the service actually rendered, notwithstanding the entirety of the contract.

(Code 1852, §2159; Code 1867, §2557; Code 1876, §2922; Code 1886, §2599; Code 1896, §33; Code 1907, §2493; Code 1923, §5705; Code 1940, T. 7, §132.)

§ 6-5-283 Joint Obligations and Promises

When two or more persons are jointly bound by judgment, bond, covenant, or promise in writing of any description whatsoever, the obligation or promise is in law several as well as joint, and an action may be commenced thereon against the legal representatives of such as are dead, jointly with the survivors, and judgments entered accordingly.

(Code 1852, §2143; Code 1867, §2539; Code 1876, §2905; Code 1886, §2604; Code 1896, §39; Code 1907, §2503; Code 1923, §5719; Code 1940, T. 7, §138.)

§ 6-5-284 Instrument Lost or Destroyed by Theft, Etc.; Evidence of Loss, Destruction and Contents; Execution Bond

(a) In an action commenced on a bond, note, bill of exchange, or other instrument which has been lost or destroyed by theft or otherwise, if affidavit is made by the plaintiff of such loss or destruction and the contents thereof and that the same has not been paid or otherwise discharged and accompanies the complaint, it must be received as presumptive evidence both of the contents and loss or destruction of such instrument, unless the defendant by answer, verified by affidavit, denies the execution of such bond, note, or bill or the endorsement, acceptance, or the contents thereof, in which case proof of such execution, endorsement, acceptance, or contents must be made by the plaintiff; provided, that this section must not be so construed as to authorize an action for the recovery of bank notes or bills issued to circulate as money and alleged to be lost or destroyed. When the action is against an executor or administrator, he may controvert the oath of the plaintiff of the loss, destruction, or contents of the instrument sued on by swearing to the best of his knowledge and belief.

(b) No execution may issue on a judgment in an action on a lost or destroyed instrument until the plaintiff shall furnish such security as the court may require to indemnify the defendant against loss by reason of further claims on the instrument.

(Code 1852, §§2151, 2152; Code 1867, §§2549, 2550; Code 1876, §§2915, 2916; Code 1886, §§2597, 2598; Code 1896, §§31, 32; Code 1907, §§2491, 2492; Code 1923, §§5702, 5704; Code 1940, T. 7, §§129, 131.)

§ 6-5-285 Holder of Worthless Check, Draft, or Order

The holder of a worthless check, draft, or order for the payment of money shall have a right of action against the person who unlawfully made, uttered, or delivered the same to him or to his endorser; and such action may be maintained though there has been no prosecution, conviction, or acquittal of the defendant for his unlawful act. Such action must be commenced within one year from the date of the unlawful act. The plaintiff in such action may recover such damages, both punitive and compensatory, including a reasonable attorney fee, as the jury or court trying the case may assess.

(Acts 1959, No. 567, p. 1426.)

§ 6-5-286 Defenses to Actions on Promissory Notes, Bonds, or Other Contracts

Except as may be otherwise provided by the Uniform Commercial Code, actions on promissory notes, bonds, or other contracts, express or implied, for the payment of money are subject to any defense the payor, obligor, or debtor had against the payee, obligee, or creditor previous to notice of assignment or transfer.

(Code 1852, §2129; Code 1867, §2523; Code 1876, §2890; Code 1886, §2594; Code 1896, §28; Code 1907, §2489; Code 1923, §5699; Code 1940, T. 7, §126; Acts 1965, No. 549, p. 811.)

§ 6-5-287 Impeachment of or Inquiry into Consideration of Sealed Instruments

A defendant may, by affirmative defense, impeach or inquire into the consideration of a sealed instrument in the same manner as if it had not been sealed.

(Code 1852, §2230; Code 1867, §2632; Code 1876, §2981; Code 1886, §2667; Code 1896, §3288; Code 1907, §5324; Code 1923, §9461; Code 1940, T. 7, §232.)

Article 17 Principal and Agent; Master and Servant

§ 6-5-300 Proof Act Was Committed by Agent, Etc., Sufficient to Sustain Allegation Act Was Committed by Party to Civil Action

In any civil action, it shall be permissible to allege in any pleading that any party or parties committed an act, and proof that any such party or parties committed such act by or through an agent, servant, or employee acting within the line and scope of his employment shall be sufficient proof of such allegation, subject, however, to the right of the party or parties against whom such testimony is offered to thereupon plead the statute of limitations which might have been applicable to the case made by the evidence offered.

(Acts 1957, No. 624, p. 895.)

Article 18 Exemptions from Liability

§ 6-5-330 Breach of Contract to Marry

No contract to marry which shall be made within this state after September 7, 1935, shall operate to give rise, either within or without this state, to any cause of action for breach thereof.

(Acts 1935, No. 356, p. 780; Code 1940, T. 7, §114.)

§ 6-5-331 Alienation of Affections, Criminal Conversation, and Seduction

There shall be no civil claims for alienation of affections, criminal conversation, or seduction of any female person of the age of 19 years or over.

(Acts 1935, No. 356, p. 780; Code 1940, T. 7, §115.)

§ 6-5-332 Persons Rendering Emergency Care Etc., at Scene of Accident, Etc

(a) When any doctor of medicine or dentistry, nurse, member of any organized rescue squad, member of any police or fire department, member of any organized volunteer fire department, individual affiliated with or a member of any community emergency response team who has completed a community emergency response team training curriculum that is recognized by the Federal Emergency Management Agency, Alabama-licensed emergency medical technician, intern, or resident practicing in an Alabama hospital with training programs approved by the American Medical Association, Alabama state trooper, medical aid functioning as a part of the military assistance to safety and traffic program, chiropractor, or public education employee gratuitously and in good faith, renders first aid or emergency care at the scene of an accident, casualty, or disaster to an injured individual, he or she shall not be liable for any civil damages as a result of his or her acts or omissions in rendering first aid or emergency care, nor shall he or she be liable for any civil damages as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured individual.

(b) Any member of the crew of a helicopter that is used in the performance of military assistance to safety and traffic programs and is engaged in the performance of emergency medical service acts shall be exempt from personal liability for any property damages caused by helicopter downwash or by individuals disembarking from the helicopter.

(c) When any physician gratuitously advises medical personnel at the scene of an emergency episode by direct voice contact to render medical assistance based upon information received by voice or biotelemetry equipment, the actions ordered taken by the physician to sustain life or reduce disability shall not be considered liable when the actions are within the established medical procedures.

(d) Any individual who is qualified by a federal or state agency to perform mine rescue planning and recovery operations, including mine rescue instructors and mine rescue team members, and any individual designated by an operator furnishing a mine rescue team to supervise, assist in planning, or provide service thereto, who, in good faith, performs or fails to perform any act or service in connection with mine rescue planning and recovery operations shall not be liable for any civil damages as a result of any acts or omissions. Nothing contained in this subsection shall be construed to exempt from liability any individual responsible for an overall mine rescue operation, including an operator of an affected facility and any individual assuming responsibility therefor under federal or state statutes or regulations.

(e) An individual or entity who, in good faith and without compensation, renders emergency care or treatment to an individual suffering or appearing to suffer from cardiac arrest, which may include the use of an automated external defibrillator, shall be immune from civil liability for any personal injury as a result of care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the individual acts as an ordinary prudent individual would have acted under the same or similar circumstances, except damages that may result from the gross negligence of the individual rendering emergency care. This immunity shall extend to the licensed physician or medical authority who is involved in automated external defibrillator site placement, the individual who provides training in CPR and the use of the automated external defibrillator, and the individual or entity responsible for the site where the automated external defibrillator is located. This subsection specifically excludes from immunity any designers, manufacturers, or sellers of automated external defibrillators for any claims that may be brought against such entities based upon current Alabama state law.

(f) Any licensed engineer, licensed architect, licensed surveyor, licensed contractor, licensed subcontractor, or other individual working under the direct supervision of the licensed individual who participates in emergency response activities under the direction of, or in connection with, a community emergency response team that has completed a community emergency response team training curriculum recognized by the Federal Emergency Management Agency, county emergency management agency, the state emergency management agency, or the Federal Emergency Management Agency shall not be liable for any civil damages as a result of any acts, services, or omissions provided without compensation, in such capacity if the individual acts as a reasonably prudent individual would have acted under the same or similar circumstances. The immunity provided in this subsection shall apply to any acts, services, or omissions provided within 90 days after declaration of the emergency.

(g) Any individual who, in good faith, renders emergency care at the scene of an accident or emergency to the victim or victims thereof without making any charge of goods or services therefor shall not be liable for any civil damages as a result of any act or omission by the individual in rendering emergency care or as a result of any act or failure to act to provide or arrange for further medical treatment or care for the injured individual if the individual acts as a reasonably prudent individual would have acted under the same or similar circumstances.

(Acts 1966, Ex. Sess., No. 253, p. 377; Acts 1975, No. 1233, p. 2594; Acts 1981, No. 81-804, p. 1427; Acts 1987, No. 87-390, p. 558, §1; Acts 1993, No. 93-373, §1; Act 99-370, p. 595, §3; Act 2006-104, p. 134, §1; Act 2011-579, p. 1253, §1; Act 2024-330, §1; Act 2025-63, §1.)

§ 6-5-332.1 Immunity of Persons Assisting or Advising as to Mitigation of Effects of Discharge of Hazardous Materials; Nonimmunity of Certain Persons

(a) As used in this section, the following words and terms shall have meanings respectively ascribed to them by this section:

(1) DISCHARGE. Includes leakage, seepage, or other release.

(2) HAZARDOUS MATERIALS. Includes all materials and substances which are now or hereafter designated or defined as hazardous by any state or federal law or by the regulations of any state or federal government agency.

(3) PERSON. Includes any qualified individual, partnership, corporation, association, or other entity. A qualified individual is one who is trained in the handling of hazardous materials.

(b) Notwithstanding any provision of law to the contrary, no person, including a response action contractor as defined in Section 22-35-3, who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, or disposing of, or in attempting to prevent, clean up, or dispose of any such discharge, shall be subject to civil liabilities or penalties of any type.

(c) The immunities provided in subsection (b) of this section shall not apply to any person whose acts or omissions proximately caused, in whole or in part, the original actual or threatening discharge or any additional or further actual or threatening discharge.

(d) Nothing in subsection (b) of this section shall be construed to limit or otherwise affect the liability of any person for damages resulting from such person’s gross negligence, or from such person’s reckless, wanton, or intentional misconduct.

(e) Nothing in subsection (b) of the this section shall be construed to limit or otherwise affect the liability of any product manufacturer or seller for damages where such manufacturer or seller’s product proximately caused, in whole or in part, the original actual or threatening discharge; any additional or further actual or threatening discharge; or the additional or further migration of the original actual discharge.

(Acts 1986, No. 86-539, p. 1050; Act 2015-466, §1.)

§ 6-5-332.2 Immunity of Persons Responding to Oil Spills

(a) This section shall be known and may be cited as the Alabama Act Regarding Liability for Persons Responding to Oil Spills.

(b) For the purposes of this section, the following terms shall have the following meanings:

(1) DAMAGES. Damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge, or threatened discharge of oil.

(2) DISCHARGE. Any emission (other than natural seepage), intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying, or dumping.

(3) FEDERAL ON-SCENE COORDINATOR. The federal official predesignated by the U.S. Environmental Protection Agency or the U.S. Coast Guard to coordinate and direct federal responses under subpart D of the National Contingency Plan, or the official designated by the lead agency to coordinate and direct removal under subpart E, of the National Contingency Plan.

(4) NATIONAL CONTINGENCY PLAN. The National Contingency Plan prepared and published under Section 311(d) of the Federal Water Pollution Control Act [33 U.S.C. § 1321(d)], as amended by the Oil Pollution Act of 1990, Pub. L. No. 101-380, 104 Stat. 484 (1990).

(5) OIL. Oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, gasoline, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.

(6) PERSON. An individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, or any interstate body.

(7) REMOVAL COSTS. The costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident.

(8) RESPONSIBLE PARTY.

a. Vessels. In the case of a vessel, any person owning, operating, or demise chartering the vessel.

b. Onshore Facilities. In the case of an onshore facility (other than a pipeline), any person owning or operating the facility, except a federal agency, state, municipality, commission, or political subdivision of a state, or any interstate body, that as owner, transfers possession and right to use the property to another person by lease, assignment, or permit.

c. Offshore Facilities. In the case of an offshore facility (other than a pipeline or a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. § 1501 et seq.), the lessee or permittee of the area in which the facility is located or the holder of a right of use and easement granted under applicable state law or the Outer Continental Shelf Lands Act (43 U.S.C. §§ 1301-1356) for the area in which the facility is located (if the holder is a different person than the lessee or permittee), except a federal agency, state, municipality, commission, or political subdivision of a state, or any interstate body, that as owner, transfers possession and right to use the property to another person by lease, assignment, or permit.

d. Deepwater Ports. In the case of a deepwater port licensed under the Deepwater Port Act of 1974 (33 U.S.C. §§ 1501-1524), the licensee.

e. Pipelines. In the case of a pipeline, any person owning or operating the pipeline.

f. Abandonment. In the case of an abandoned vessel, onshore facility, deepwater port, pipeline, or offshore facility, the persons who would have been responsible parties immediately prior to the abandonment of the vessel or facility.

(c) (1) Notwithstanding any other provision of law, a person, including a response action contractor as defined in Section 22-35-3, is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the Federal On-Scene Coordinator or by any state official with responsibility for oil spill response.

(2) Subdivision (1) of this subsection does not apply:

a. to a responsible party;

b. with respect to personal injury or wrongful death;

c. if the person is grossly negligent or engages in wanton or willful misconduct: or

d. If the person’s act(s) or omission(s) proximately caused, in whole or in part, the original actual or threatening discharge; or any additional or further actual or threatening discharge.

(3) A responsible party is liable for any removal costs and damages that another person is relieved of under subdivision (1).

(4) Nothing in this section affects the liability of a responsible party for oil spill response under state law.

(Acts 1991, No. 91-470, p. 852, §§1-3; Act 2015-466, §1.)

§ 6-5-332.3 Use of Automated External Defibrillator

(a) As used in Section 6-5-332, the term “automated external defibrillator” or “AED” means a medical device heart monitor and defibrillator that meets all of the following specifications:

(1) Is commercially distributed in accordance with the Federal Food, Drug and Cosmetic Act (21 U.S.C. Section 301, et seq.).

(2) Is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia and is capable of determining, without intervention by an operator, whether defibrillation should be performed.

(3) Upon determining that defibrillation should be performed, semiautomatically or automatically charges and delivers an electrical impulse through the chest wall and to an individual’s heart.

(b) A person or entity that acquires an AED shall ensure all of the following:

(1) That expected defibrillator users are encouraged to successfully complete a course in automated external defibrillation and cardiopulmonary resuscitation (CPR) that is offered or approved by a nationally recognized organization and includes instruction on psychomotor skills and national evidence-based emergency cardiovascular guidelines that are current.

(2) That the defibrillator is maintained and tested according to the manufacturer’s operational guidelines.

(c) Each manufacturer shall provide in-service training materials on the AED use and operation to each person or entity who acquires the AED.

(d) A person or entity who acquires an automated external defibrillator shall notify thedistributor of the AED if any change of ownership of the AED occurs.

(e) This section shall not apply to an individual using an AED in an emergency setting if that individual is acting as a good samaritan pursuant to Section 6-5-332.

(Act 99-370, p. 595, §§1, 2; Act 2015-161, §1.)

§ 6-5-332.4 Persons Who Rescue Child or Incapacitated Person from Unattended Motor Vehicle

(a) As used in this section, the following terms shall have the following meanings:

(1) INCAPACITATED PERSON. A person as defined in Section 26-2A-20.

(2) MOTOR VEHICLE. A motor vehicle as defined in Section 32-1-1.1.

(b) A person who enters a motor vehicle by force or otherwise, for the purpose of removing a child or an incapacitated person from the vehicle shall be immune from civil liability for damage to the motor vehicle if the person meets all of the following requirements:

(1) Determines the motor vehicle is locked or there is otherwise no reasonable method for the child or incapacitated person to exit the motor vehicle without assistance.

(2) Has a good faith and reasonable belief, based upon the known circumstances, that entry into the motor vehicle is necessary because the child or incapacitated person is in imminent danger of suffering harm.

(3) Ensures that law enforcement is notified or 911 called before entering the motor vehicle or immediately thereafter.

(4) Uses no more force to enter the motor vehicle and remove the child or incapacitated person than is necessary.

(5) Remains with the child or incapacitated person in a safe location in reasonable proximity to the motor vehicle until law enforcement or other first responders arrive.

(Act 2017-241, §1.)

§ 6-5-332.5 Persons Who Rescue Child or Incapacitated Person from Unattended Motor Vehicle; Public Safety Officials

(a) As used in this section, the following terms shall have the following meanings:

(1) CHILD. A person who is under nine years of age.

(2) INCAPACITATED PERSON. As defined in Section 26-2A-20.

(3) MOTOR VEHICLE. As defined in Section 32-1-1.1.

(4) PUBLIC SAFETY OFFICIAL. An individual employed by a law enforcement agency, fire department, or 911 emergency service.

(b) No person shall leave a child or an incapacitated person in a motor vehicle unattended in a manner that creates an unreasonable risk of injury or harm to the child or incapacitated person. A vehicle that has an ambient interior temperature of 99 degrees Fahrenheit or less shall be presumed safe.

(c) A person who enters a motor vehicle by force or otherwise at the direction of a public safety official for the purpose of removing a child or an incapacitated person from the vehicle shall be immune from criminal liability for damage to the motor vehicle if the person meets all of the following requirements:

(1) Determines the motor vehicle is locked or there is otherwise no reasonable method for the child or incapacitated person to exit the motor vehicle without assistance.

(2) Has a good faith and reasonable belief, based upon the known circumstances, that entry into the motor vehicle is necessary because the child or incapacitated person is in imminent danger of suffering harm.

(3) Contacts a public safety official before entering the motor vehicle, provides information requested by the public safety official, and remains in contact with the public safety official until the child or incapacitated person is in a safe condition.

(4) Uses no more force to enter the motor vehicle and remove the child or incapacitated person than is necessary.

(5) Remains with the child or incapacitated person in a safe location in reasonable proximity to the motor vehicle until law enforcement or other first responders arrive.

(d) A public safety official who has been contacted by a person reporting a child or incapacitated person in a motor vehicle unattended in a manner that creates an unreasonable risk of injury or harm to the child or incapacitated person shall immediately dispatch a locksmith or towing company with vehicle lockout capabilities and attempt to make contact with a registered vehicle owner and the vehicle operator.

(e) A public safety official, acting reasonably in the course of his or her employment and pursuant to this section, shall be immune from criminal liability and civil liability in accordance with Section 36-1-12.

(Act 2019-475, §§1-2.)

§ 6-5-332.6 Persons Who Provide Transportation to Health Care Facility or Health Care Provider Under Certain Circumstances

(a) A person who, in good faith, and not for compensation, provides an individual transportation to a health care facility or health care provider is not subject to civil liability for negligence claimed by the individual receiving the transportation, if the provider could not have reasonably anticipated the particular harm caused by the negligent act while acting in the line and scope of a volunteer in providing transportation, or the act or omission was not the result of the provider’s willful or wanton misconduct. The immunity provided in this subsection includes transportation from an individual’s residence.

(b) Acceptance by the transportation provider of a gratuitous contribution or donation made by the individual receiving transportation services does not constitute a waiver of immunity under this section.

(Act 2019-450, §1.)

§ 6-5-333 Dentists, Chiropractors, and Physicians Serving on Utilization and Quality Control Committees, Peer Review Committees, or Professional Standards Review Committees; Consultants Thereto and Employees Thereof; Dental, Chiropractic and Medical Societies and Associations; Appeal to Alabama Dental Association; Confidentiality

(a) Any dentist, chiropractor, or physician licensed to practice medicine in Alabama who serves on a peer review or a utilization and quality control committee or professional standards review committee or a similar committee or a committee of similar purpose or any dentist, physician, chiropractor, or individual who serves as a consultant or employee to one of said committees established either by a dental society or dental association or by a chiropractic society or chiropractic association or by a state medical association or county medical society to review any aspect of dental care, chiropractic care, or medical care at the request of a government agency, a patient, dentist, provider of dental benefits, chiropractor, provider of chiropractic benefits, physician licensed to practice medicine in Alabama, or third party insurer shall not be liable to any person for damages as a result of any action taken or recommendation made by him within the scope of his function as a member of or employee or consultant to such review committee if such action was taken or recommendation made without malice and in a reasonable belief that such action or recommendation is warranted by the facts made known to him. No dental association or dental society, chiropractic association or chiropractic society, or state medical association or county medical society shall be liable for damages for any action taken or recommendation made by a review committee or any member of said committee or consultants or employees to said committee.

(b) Within the words and meaning of this section, a “committee” shall mean members of a committee of dentists, chiropractors, or physicians licensed to practice medicine in Alabama formed or appointed to evaluate the diagnosis or the performance of services of other dentists or dental auxiliary personnel, chiropractors or chiropractic auxiliary personnel or physicians licensed to practice medicine in Alabama or physician auxiliary personnel when such evaluation is requested by a government agency, by the fiscal intermediary responsible for the administration of group health care programs, by the recipient of dental, chiropractic, or medical services, or by a dentist, chiropractor, or physician licensed to practice medicine in Alabama.

(c) The provider or recipient of dental services evaluated by a review committee described in subsections (a) and (b) of this section shall have the right to appeal the decisions of said review committee to the Alabama Dental Association. No provider of dental care services or recipient of same or fiscal intermediary or government agency shall be bound by a ruling of a review committee established pursuant to this section on a controversy, dispute, or question unless he agrees in advance either specifically or generally to be bound by the ruling.

(d) All information, interviews, reports, statements, or memoranda furnished to any committee as defined in this section, and any findings, conclusions, or recommendations resulting from the proceedings of such committee are declared to be privileged. The records and proceedings of any such committees shall be confidential and shall be used by such committee and the members thereof only in the exercise of the proper functions of the committee and shall not be public records nor be available for court subpoena or for discovery proceedings. Nothing contained herein shall apply to records made in the regular course of business by a hospital, dentist, dental auxiliary personnel, chiropractor, chiropractic auxiliary personnel, physician, physician auxiliary personnel, or other provider of health care and information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil proceedings merely because they were presented during proceedings of such committee.

(Acts 1975, No. 1238, p. 2604; Acts 1981, 2nd Ex. Sess., No. 81-1080, p. 330, §1; Acts 1982, No. 82-273, p. 341, §1.)

§ 6-5-334 Employees of Medical Services Administration, Etc., Investigating and Bringing Charges Against Doctors, Etc., Relating to Fraud or Abuse of Medicaid Program, Etc

Any employee of the medical services administration and any other state employee who has the authority to investigate and bring charges against doctors or providers of health care relating to medical payments and cases of alleged fraud or abuse of the Medicaid program shall be relieved and exempt from civil liability arising from said investigation or charges so long as such investigation and charges have been made in good faith without malice and on the basis of facts reasonably known or reasonably believed.

(Acts 1976, No. 693, p. 960, §1.)

§ 6-5-335 Volunteer Firemen or Rescue Squad Members Entering Burning Buildings, Etc., and Attempting to Preserve and Protect Said Buildings, Property Therein, Etc

When any member of any organized rescue squad or volunteer nonprofit fire department, gratuitously and in good faith, enters any building, house, or structure which is burning or endangered by fire and makes efforts to preserve and protect said property and any other property contained therein or located on the premises thereof, such members shall not be liable for any civil damages for such entering or as result of any acts or omissions in rendering such efforts; nor shall such members be liable for any civil damages in rendering such efforts for their acts or omissions causing injuries to fellow volunteers or to owners of said property; provided, however, that this section shall not apply to civil damages for wanton misconduct.

(Acts 1976, No. 675, p. 925; Acts 1979, No. 79-625, p. 1107.)

§ 6-5-336 Volunteers

(a) This section shall be known as “The Volunteer Service Act.”

(b) The Legislature finds and declares that:

(1) The willingness of volunteers to offer their services has been increasingly deterred by a perception that they put personal assets at risk in the event of tort actions seeking damages arising from their activities as volunteers;

(2) The contributions of programs, activities, and services to communities is diminished and worthwhile programs, activities, and services are deterred by the unwillingness of volunteers to serve either as volunteers or as officers, directors, or trustees of nonprofit public and private organizations;

(3) The provisions of this section are intended to encourage volunteers to contribute their services for the good of their communities and at the same time provide a reasonable basis for redress of claims which may arise relating to those services.

(c) For the purposes of this section, the meaning of the terms specified shall be as follows:

(1) GOVERNMENTAL ENTITY. Any county, municipality, township, school district, chartered unit, or subdivision, governmental unit, other special district, similar entity, or any association, authority, board, commission, division, office, officer, task force, or other agency of any state;

(2) NONPROFIT CORPORATION. Any corporation which is exempt from taxation pursuant to Section 501(a) of the Internal Revenue Code, 26 U.S.C. Section 501(a);

(3) NONPROFIT ORGANIZATION. Any organization which is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code, 26 U.S.C. Section 501(c), as amended;

(4) VOLUNTEER. A person performing services for a nonprofit organization, a nonprofit corporation, a hospital, or a governmental entity without compensation, other than reimbursement for actual expenses incurred. The term includes a volunteer serving as a director, officer, trustee, or direct service volunteer.

(d) Any volunteer shall be immune from civil liability in any action on the basis of any act or omission of a volunteer resulting in damage or injury if:

(1) The volunteer was acting in good faith and within the scope of such volunteer’s official functions and duties for a nonprofit organization, a nonprofit corporation, hospital, or a governmental entity; and

(2) The damage or injury was not caused by willful or wanton misconduct by such volunteer.

(e) In any suit against a nonprofit organization, nonprofit corporation, or a hospital for civil damages based upon the negligent act or omission of a volunteer, proof of such act or omission shall be sufficient to establish the responsibility of the organization therefor under the doctrine of “respondeat superior,” notwithstanding the immunity granted to the volunteer with respect to any act or omission included under subsection (d).

(Acts 1991, No. 91-439, p. 781, §§1-4; Acts 1993, No. 93-614, p. 1006, §1.)

§ 6-5-337 Immunity of Those Involved in Equine Activities

(a) The Legislature recognizes that persons who participate in equine activities may incur injuries as a result of the risks involved in those activities. The Legislature also finds that the state and its citizens derive numerous economic and personal benefits from equine activities. The Legislature finds, determines, and declares that for the immediate preservation of the public peace, health, and safety, and to encourage equine activities, this legislation is to limit the civil liability of those involved in equine activities.

(b) As used in this section, the following words shall mean the following unless the context clearly indicates otherwise:

(1) ENGAGES IN AN EQUINE ACTIVITY. Riding, training, providing, or assisting in providing medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted, or any person assisting a participant or show management in equine activities. The term does not include being a spectator at an equine activity, except in cases where the spectator places himself or herself in an unauthorized area and in immediate proximity to the equine activity.

(2) EQUINE. A horse, pony, mule, donkey, ass, or hinny.

(3) EQUINE ACTIVITY. Any of the following:

a. Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to: Dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting.

b. Equine training or teaching activities, or both.

c. Boarding equines.

d. Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine.

e. Rides, trips, hunts, or other equine activities of any type, however informal or impromptu, that are sponsored by an equine-activity sponsor.

f. Placing or replacing horseshoes on an equine.

g. Examining or administering medical treatment to an equine by a veterinarian.

(4) EQUINE ACTIVITY SPONSOR. An individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to: Pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college sponsored classes, programs, and activities, therapeutic riding programs, and operators, instructors, and promoters of equine facilities, including, but not limited to, stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held.

(5) EQUINE PROFESSIONAL. A person engaged for compensation in:

a. Instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine.

b. Renting equipment or tack to a participant.

c. Examining or administering medical treatment to an equine as a veterinarian.

(6) INHERENT RISKS OF EQUINE ACTIVITIES. Those dangers or conditions which are an integral part of equine activities, including, but not limited to:

a. The propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them.

b. The unpredictability of the reaction of an equine to sounds, sudden movement, and unfamiliar objects, persons, or other animals.

c. Certain hazards such as surface and subsurface conditions.

d. Collisions with other equines or objects.

e. The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability.

(7) PARTICIPANT. Any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity.

(c)(1) Except as provided in subdivisions (c)(2) and (c)(3), an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities and, except as provided in subdivisions (c)(2) and (c)(3), no participant or representative of a participant shall make any claim against, maintain an action against, or recover from an equine-activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities.

(2) Nothing in subdivision (c)(1) shall prevent or limit the liability of an equine-activity sponsor, an equine professional, or any other person if the equine-activity sponsor, equine professional, or person:

a. Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it did cause the injury.

b. Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and to safely manage the particular equine based on the participant’s representations of his or her ability.

c. Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known or should have been known to the equine-activity sponsor, equine professional, or person and for which warning signs have not been conspicuously posted.

d. Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury.

e. Intentionally injures the participant.

(3) Nothing in subdivision (c)(1), shall prevent or limit the liability of an equine activity sponsor or an equine professional under liability provisions as set forth in the products liability laws.

(d)(1) Every equine professional and every equine-activity sponsor shall post and maintain signs which contain the warning notice specified in subdivision (d)(2). Signs shall be placed in a clearly visible location on or near stables, corrals, or areas where the equine professional or the equine-activity sponsor conducts equine activities. The warning notice specified in subdivision (d)(2) shall appear on the sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional or by an equine-activity sponsor for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional’s or the equine-activity sponsor’s business, shall contain in clearly readable print the warning notice specified in subdivision (d)(2).

(2) The signs and contracts described in subdivision (d)(1) shall contain the following warning notice:

WARNING

Under Alabama law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to the Equine Activities Liability Protection Act.

(3) Failure to comply with the requirements concerning warning signs and notices provided in this section shall prevent an equine-activity sponsor or equine professional from invoking the privileges of immunity provided by this section.

(Acts 1993, No. 93-601, p. 976, §§1-4; Act 2004-627, p. 1421, §1.)

§ 6-5-337.1 Liability of Owners for Certain Actions of Bovines; Warning Notice

(a) For the purposes of this section, the following terms have the following meanings, unless the context requires otherwise:

(1) BOVINE. Any buffalo, bison, cattle, or oxen.

(2) BOVINE ACTIVITY. Any activity involving one or more bovine, including, but not limited to, any of the following:

a. Grazing, herding, feeding, branding, milking, or other activity that involves the care or maintenance of a bovine.

b. A bovine auction or production sale.

c. A bovine show, fair, or competition.

d. Bovine training or teaching activities.

e. Boarding a bovine.

f. Riding, inspecting, or evaluating a bovine.

(3) BOVINE OWNER. Any person with ownership rights to a bovine.

(4) INHERENT RISK OF A BOVINE ACTIVITY. A danger or condition that is an integral part of a bovine activity, including, but not limited to, any of the following:

a. The propensity of a bovine to behave in ways that may result in injury, loss, damage, or death to a person on or around the bovine.

b. The unpredictability of a bovine’s reaction to sounds, sudden movements, and unfamiliar objects, individuals, and other animals.

c. Certain hazards on a property, such as surface and subsurface conditions.

d. Collisions with other bovines or nonmotorized objects.

(5) PERSON. An individual, corporation, or any other legal entity.

(b)(1) A bovine owner shall not be liable for any injury, loss, damage, or death of a person resulting from an inherent risk of a bovine activity.

(2) Except as provided in subsection (c), no person shall make any claim against, maintain an action against, or recover from a bovine owner for injury, loss, damage, or death of a person resulting from an inherent risk of a bovine activity.

(c)(1) Subsection (b) shall not be construed to prevent or limit the liability of a bovine owner if the owner does any of the following:

a. Fails to post and maintain a warning sign pursuant to subsection (d).

b. Commits an act or omission that constitutes willful or wanton disregard for the safety of a person, and that act or omission causes the injury, loss, damage, or death of a person.

c. Has actual knowledge of the dangerous propensity of a particular bovine that is not open and obvious, does not make the danger known to a person, and the danger proximately causes injury, sickness, damage, or death to the person.

(2) Article 2 of Chapter 15 of Title 35 shall not apply to a bovine owner if injury, loss, damage, or death of a person results from an inherent risk of a bovine activity.

(d)(1) This section shall not apply unless a bovine owner posts and maintains a sign that contains the warning notice specified in subdivision (2). The sign shall be placed in a clearly visible location on or near a stable, corral, fence, enclosure, or arena where the owner conducts bovine activities. The warning notice shall appear in black letters, with each letter being a minimum of one inch in height.

(2) The sign described in subdivision (1) shall contain the following warning notice:

“WARNING”

“Under Alabama Law, a bovine owner is not liable for any injury, loss, damage, or death of a person resulting from the inherent risks of bovine activities.”

(Act 2024-286, §1.)

§ 6-5-338 Immunity of Peace Officers and Tactical Medics from Tort Liability for Conduct in the Line of Duty; Certain Employers of Off-Duty Officers to Maintain Liability Coverage

THIS SECTION WAS REPEALED BY ACT 2025-423, EFFECTIVE OCTOBER 1, 2025.

(Acts 1994, No. 94-640, p. 1200, §§1-3; Act 2016-294, §1; Act 2025-423, §5.)

§ 6-5-338.1 Immunity of Law Enforcement Officers -- Definitions

For purposes of Sections 6-5-338.2, 6-5-338.3, and 6-5-338.4, the following terms have the following meanings unless the context dictates otherwise:

(1) CLEARLY ESTABLISHED. A state statutory or constitutional right is clearly established, and a reasonable law enforcement officer would have known of it, in any of the following circumstances:

a. The right is clear from a materially similar case decided before the occurrence of the relevant conduct by the United States Supreme Court, the Eleventh Circuit Court of Appeals, or the Alabama Supreme Court.

b. The right is clear from a broad statement of principle that is established with so obvious clarity by one of the courts identified in paragraph a. that, before the occurrence of the relevant conduct, every objectively reasonable law enforcement officer facing the circumstances would have known that the relevant conduct violated the right.

c. The right is so obvious from the text of a state constitutional provision or statute that, before the occurrence of the relevant conduct, no objectively reasonable law enforcement officer would have required case law to be put on notice that the relevant conduct violated the right.

(2) CONDUCT PERFORMED WITHIN A LAW ENFORCEMENT OFFICER’S DISCRETIONARY AUTHORITY. Governmental conduct by a law enforcement officer performing a legitimate job-related function or pursuing a legitimate job-related goal through means that were within the law enforcement officer’s plausible power to utilize. In determining whether governmental conduct was performed within a law enforcement officer’s discretionary authority, a court must temporarily put aside that the conduct may have been committed for an improper or unconstitutional purpose, in an improper or unconstitutional manner, to an improper or unconstitutional extent, or under improper or constitutionally inappropriate circumstances. The court must determine whether, if done for a proper purpose, the conduct was within, or reasonably related to, the outer perimeter of a law enforcement officer’s governmental discretion in performing his or her official duties.

(3) DETENTION FACILITY OFFICER. Any peace officer, guard, or detention or jail officer employed in a facility used for the confinement, pursuant to law, of any of the following persons:

a. Someone charged with or convicted of an offense.

b. Someone charged with being or adjudicated a youthful offender, a neglected minor, or juvenile delinquent.

c. Someone held for extradition.

d. Someone otherwise confined pursuant to an order of a court.

(4) LAW ENFORCEMENT OFFICER. Any peace officer or tactical medic, except a constable, who is employed or appointed pursuant to the constitution or statutes of this state, whether appointed or employed as a peace officer or tactical medic by the state or a county or municipality thereof, or by an agency or institution, corporate or otherwise, created pursuant to the constitution or laws of this state and authorized by the constitution or laws to appoint or employ police officers or other peace officers or tactical medics, and whose duties prescribed by law, or by the lawful terms of their employment or appointment, include the enforcement of, or the investigation and reporting of violations of, the criminal laws of this state, or who is empowered by the laws of this state to execute warrants, to arrest and to take into custody persons who violate, or who are lawfully charged by warrant, indictment, or other lawful process, with violations of, the criminal laws of this state. The term includes a detention facility officer, a public safety dispatcher, and any individual designated a peace officer for purposes of immunity under Section 6-5-338 as that section existed on February 5, 2025.

(5) LAW ENFORCEMENT RECORDING. A recording, as defined in Section 36-21-210, that shows a specific event described in the complaint, the image or voice of the plaintiff, or the image or voice of the decedent if the plaintiff has sued on behalf of the decedent as either the parent of the decedent in an action brought under Section 6-5-391 or as the personal representative of the decedent’s estate in an action brought under Section 6-5-391 or Section 6-5-410.

(6) RECKLESSLY WITHOUT LAW ENFORCEMENT JUSTIFICATION. A law enforcement officer acts recklessly without law enforcement justification if he or she is aware of, and consciously disregards, a risk of death or substantial bodily injury without reasonable law enforcement justification. A law enforcement officer who creates a risk of death or substantial bodily injury in the absence of reasonable law enforcement justification but is unaware of that risk by reason of voluntary intoxication, as defined in Section 13A-3-2(e)(2), acts recklessly with respect thereto. Whether a law enforcement officer acts recklessly without law enforcement justification is a question of law to be decided by the court, taking into account the wide range of a law enforcement officer’s duties. A law enforcement officer acts without law enforcement justification when the law enforcement officer harms the plaintiff by failing, in an objectively unreasonable manner, to comply with written policies of the law enforcement officer’s employer or appointing authority or when the law enforcement officer harms the plaintiff through conduct premised on the law enforcement officer’s objectively unreasonable interpretation of such a policy.

(7) TACTICAL MEDIC. A firefighter paramedic or firefighter emergency medical technician licensed by the State of Alabama and employed by the state or a county or municipality within the state, operating on-duty in direct support of a tactical law enforcement unit to provide medical services at high risk incidents, including hostage incidents, narcotic raids, hazardous surveillance, sniper incidents, armed suicidal persons, barricaded suspects, felony warrant service, and fugitives refusing to surrender.

(8) WRITTEN POLICY. A written rule, regulation, instruction, or directive issued by a law enforcement officer’s employer or appointing authority, and applicable to conduct within a law enforcement officer’s discretionary authority, specifying the particular manner in which a law enforcement officer should exercise discretion in specific situations or scenarios. The written rule, regulation, instruction, or directive must have been issued before the occurrence of the relevant conduct, and must have been made available to the law enforcement officer. Whether the law enforcement officer actually read the written rule, regulation, instruction, or directive is not determinative.

(Act 2025-423, §1.)

§ 6-5-338.2 Immunity of Law Enforcement Officers -- Civil Liability

(a) Except as provided in subsection (b), a law enforcement officer shall be immune from any claim that seeks to impose civil liability on the law enforcement officer for conduct performed within a law enforcement officer’s discretionary authority.

(b) A law enforcement officer shall not be immune in either of the following circumstances:

(1) The conduct constitutes a tort against the plaintiff that is actionable under the laws of this state and the law enforcement officer acted recklessly without law enforcement justification.

(2) The conduct constitutes a tort against the plaintiff that is actionable under the laws of this state and the conduct violated a clearly established state statutory or constitutional right of the plaintiff of which every reasonable law enforcement officer would have known at the time of the law enforcement officer’s conduct.

(c) Notwithstanding the exceptions to immunity provided in subsection (b), the immunity provided in Section 36-1-12(c) is available to a law enforcement officer subject to the exceptions set forth in Section 36-1-12(d) and subject to the provisions of this section, Section 6-5-338.3, and Section 6-5-338.4. A law enforcement officer, as defined in Section 6-5-338.1, shall be considered an officer, agent, or employee of the state for purposes of Section 36-1-12.

(d) In any civil action against a law enforcement officer in his or her personal or individual capacity premised on conduct performed within the law enforcement officer’s discretionary authority, the complaint must identify with particularity, for each defendant and for each claim, each of the following:

(1) The legal authority that assertedly creates the claim against the law enforcement officer.

(2) Specific factual allegations to satisfy each element of each asserted claim.

(3) Specific factual allegations demonstrating that the law enforcement officer lacks immunity pursuant to subsection (a).

(e) In any civil action against a law enforcement officer in his or her personal or individual capacity premised on conduct performed within the law enforcement officer’s discretionary authority, the court shall promptly dismiss any claim for which either of the following is true:

(1) The complaint lacks the legal and factual particularity required under subsection (d), as long as the law enforcement officer, or his or her employer or appointing authority, has complied with any valid discovery request made pursuant to paragraph (f)(2)c. or paragraph (f)(2)d. in compliance with the Alabama Rules of Civil Procedure which was validly served no later than 14 days after the law enforcement officer first appears or otherwise defends against the lawsuit.

(2) The complaint’s factual allegations, taken as true, fail to overcome the immunity established by subsection (a).

(f)(1) Except as provided in subdivision (2), the pendency of a motion to dismiss pursuant to subsection (e) shall automatically stay the obligation of any party or non-party to make disclosures or respond to discovery requests of any kind.

(2) The automatic stay of discovery shall remain in effect during the pendency of a motion to dismiss filed pursuant to subsection (e) and any mandamus petition filed pursuant to Section 6-5-338.3 except to the extent that one or more of the following circumstances exists:

a. The party seeking disclosure or discovery establishes that the motion to dismiss or mandamus petition is frivolous.

b. The party seeking disclosure or discovery establishes that an exception to the stay is necessary to prevent a failure or delay of justice within the meaning of Alabama Rule of Civil Procedure 27(a)(3).

c. The plaintiff seeks production of a written policy governing the law enforcement officer’s conduct at the time of a specific event described in the complaint.

d. The plaintiff seeks production of a law enforcement recording created at the time of a specific event described in the complaint and the plaintiff is someone to whom a custodial law enforcement agency has made a determination to disclose the recording under Section 36-21-213(a).

e. The parties agree to an exception to the stay of discovery.

(3) Nothing in this section shall be construed to do any of the following:

a. Alter or amend any privilege, discovery protection, or other ground for nondisclosure under Section 12-21-3.1, the Alabama Rules of Civil Procedure, or any other source of law.

b. Alter or amend any provision of law regarding disclosure of any writing, record, recording, or other document or communication in the possession of a public entity.

c. Preclude the entry of any protective order pursuant to the Alabama Rules of Civil Procedure. A law enforcement recording shall not be produced except pursuant to a protective order protecting the law enforcement recording from public disclosure.

(4) Unless otherwise ordered by the court, during the pendency of the stay established by this section, the legal responsibilities of the parties concerning the preservation of evidence shall continue.

(g) A law enforcement officer may seek entry of dismissal or judgment as a matter of law, including summary judgment, on grounds that he or she is immune pursuant to subsection (a) as allowed under the Alabama Rules of Civil Procedure.

(h)(1) A law enforcement officer asserting immunity under subsection (a) bears the burden of establishing that the claim is premised on conduct performed within the law enforcement officer’s discretionary authority as that term is defined in Section 6-5-338.1.

(2) Once the law enforcement officer satisfies his or her burden under subdivision (1), the burden shifts to the plaintiff to establish that the law enforcement officer committed a tort against the plaintiff that is actionable under the laws of this state and that the law enforcement officer is not immune pursuant to subsection (b).

(Act 2025-423, §1.)

§ 6-5-338.3 Immunity of Law Enforcement Officers -- Mandamus Relief

(a) The improper denial of a motion to dismiss or motion for judgment as a matter of law, including a motion for summary judgment, based on the immunity provided under Section 6-5-338.2(a), or any action improperly allowing discovery in violation of Section 6-5-338.2(f), shall entitle a law enforcement officer to mandamus relief from the Alabama Supreme Court. Any petition for a writ of mandamus pursuant to this subsection shall be filed pursuant to the Alabama Rules of Appellate Procedure.

(b) The filing of a petition for a writ of mandamus shall automatically stay further proceedings in the trial court unless, and to the extent that, the court validly finds upon motion of any party that further proceedings are necessary to prevent irreparable harm to the plaintiff.

(Act 2025-423, §1.)

§ 6-5-338.4 Immunity of Law Enforcement Officers -- Application and Scope; Certain Employers of Off-Duty Officers to Maintain Liability Coverage

(a) The protections afforded a law enforcement officer under Sections 6-5-338.2 and 6-5-338.3 apply to any cause of action that accrued on or after October 1, 2025.

(b) The protections available to law enforcement officers under Sections 6-5-338.2 and 6-5-338.3 are in addition to, and supplemental to, any protections available to a law enforcement officer pursuant to Section 36-1-12; Section 36-22-3; Section 14-6-1; Article I, Section 14 of the Constitution of Alabama of 2022; or any other source of law.

(c) Section 6-5-338.2 extends immunity only to a law enforcement officer for conduct performed within a law enforcement officer’s discretionary authority and to the law enforcement officer’s employer or appointing authority. No immunity is extended to any private non-governmental person or entity, including any private employer of a law enforcement officer during that officer’s off-duty hours.

(d) Every private, non-governmental person or entity who hires a law enforcement officer during that law enforcement officer’s off-duty hours to perform any type of security work or to work while in the uniform of a law enforcement officer shall have in force at least five hundred thousand dollars ($500,000) of liability insurance, which insurance must indemnify for acts the off-duty law enforcement officer takes within the line and scope of the private employment or contract. The failure to have in force the insurance required by this subsection shall make every individual employer, every general partner of a partnership employer, and every member of an unincorporated association employer individually liable for all acts taken by the off-duty law enforcement officer within the line and scope of the private employment or contract.

(Act 2025-423, §1.)

§ 6-5-339 Volunteer Medical Professionals

[Repealed]

Repealed by Act 2000-680, § 1, 2000 Regular Session, effective August 1, 2000.

(Act 98-297, p. 484, §§1-4.)

§ 6-5-340 Computer Failure or Malfunction

(a) Whenever used in this section, the following words and terms shall have the following meanings:

(1) GOVERNMENTAL CORPORATION AND AUTHORITY. Any public or private corporation, board, or authority established pursuant to a general or local law by state, county, or municipal government for the purpose of carrying out a specific governmental function.

(2) GOVERNMENTAL ENTITY. The state, any municipality, or any county in the state; any department, agency, board, or commission of a municipality, a county, or the state; any legislative or regulatory body of the state, or of any municipality or county; any state, municipal, or county governmental corporation or authority; any state university or community college, including any publicly funded trade or technical school; the State Board of Education, and all county, municipal, and city-county public school boards; any state, county, or municipal hospital boards when such boards are instrumentalities of the state, municipality, or county or organized pursuant to authority from the state, a municipality, or a county; and any other boards, commissions, authorities, agencies, or associations authorized by statute to perform, administer, or oversee a governmental function.

(3) INDEPENDENT CONTRACTOR. Any person, firm, or agency, and any employee of such person, firm, or agency who is not a permanent full-time or part-time employee of the governmental entity, and does not appear on any permanent or regular employee rosters such as payroll, worker’s compensation, Social Security, or other retirement or pension plan, but periodically provides services to a governmental entity or any official or employee thereof pursuant to a contractual arrangement and is paid by the governmental entity pursuant to the contractual arrangement or for services rendered or work and labor performed.

(4) LEGISLATIVE BODY. The Senate of Alabama, the House of Representatives of Alabama, a county commission, city council, city commission, town council, or municipal council or commission, and any committee or subcommittee thereof.

(5) PUBLIC EMPLOYEE. A person permanently employed full-time or part-time by a governmental entity or instrumentality thereof who is paid in whole or in part from state, county, or municipal funds. A public employee shall not include an independent contractor or any person providing services to a governmental entity or a public official or employee thereof pursuant to any type of written or oral contractual arrangement.

(6) PUBLIC OFFICIAL. Any person elected to public office, whether or not that person has taken office, by the vote of the people at the state, county, or municipal level of government or their instrumentalities, and any person appointed to a position at the state, county, or municipal level of government or their instrumentalities, including governmental corporations and authorities and boards or commissions which fall under the definition of governmental entity.

(7) REGULATORY BODY. A state agency which issues regulations in accordance with the Alabama Administrative Procedure Act or a state, county, or municipal department, agency, board, or commission which controls, according to rule or regulation, the activities, business licensure, or functions of any group, person, or persons.

(b)(1) No civil action, including, without limitation, any action for declaratory or injunctive relief, may be brought against any public official, public employee, governmental entity, governmental corporation or authority, legislative body, regulatory body, or independent contractor for actions attempting to fix the Y2K problem of an entity mentioned in subsection (a), and none of the aforementioned persons or entities shall be liable in damages, compensatory or punitive, for any failure or malfunction occurring before December 31, 2005, which is caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process dates or times, if the failure or malfunction causing the loss was unforeseeable or if the failure or malfunction causing the loss was foreseeable but the plan or design or both for identifying and preventing the failure or malfunction was prepared in substantial compliance with generally accepted computer and information system design standards in effect at the time of the preparation of the plan or design. Provided however, nothing contained in this section shall relieve any public official, public employee, or governmental entity from the performance of any statutory or administrative duties or obligations or from the payment of financial obligations. The immunity granted by this section shall be in addition to the sovereign immunity granted by Article I, Section 14, Constitution of Alabama of 1901, and the substantive immunity otherwise provided by Alabama law.

(2) Nothing in this section shall be construed to prevent the governmental entity itself or public officials acting on the government’s behalf from bringing an action for any compensatory or punitive damages which is permissible under current law.

(Act 99-371, §§1, 2.)

§ 6-5-341 Liability for Operation or Use of Sport Shooting Range

(a) As used in this section, the following words shall have the following meanings:

(1) GOVERNMENTAL BODY. The State of Alabama or any county or municipal governing body, agency, board, commission, committee, council, department, district, or any other public body corporate and politic created by constitution, statute, ordinance, rule, or order.

(2) PROPERTY. Real property and buildings, structures, and improvements thereon.

(3) SPORT SHOOTING RANGE. An area designed and used for rifle shooting, pistol shooting, trapshooting, skeetshooting, or other target shooting and related training or practice for the purpose of sharpshooting or improving in the use of firearms.

(b)(1) This section applies to all private or public civil, injunctive, and nuisance actions.

(2) Notwithstanding any other provision of law, any person, firm, or entity who operates or uses a sport shooting range in this state shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution or lead or lead pollution resulting from the operation or use of the range if the range is being operated between the hours of 9:00 a.m. and 9:00 p.m. and if the range has been in existence prior to 1990 or is in compliance with any noise or lead control laws or ordinances that applied to the sport shooting range and its operation on August 1, 2001, or at the time the sport shooting range came into existence, whichever event occurs first.

(3) Any person, firm, or entity who operates or uses a sport shooting range is not subject to an action for nuisance and is not subject to injunction to stop the use or operation of the shooting range on the basis of noise or noise pollution or lead or lead pollution if the range is being operated between the hours of 9:00 a.m. and 9:00 p.m. and if the range has been in existence prior to 1990 or is in compliance with any noise control or lead control laws or ordinances applying to the sport shooting range and its operation on August 1, 2001, or at the time the sport shooting range came into existence, whichever event occurs first.

(4) Except as expressly provided herein, nothing in this section nor the common law doctrine of attractive nuisance shall create any duty of care or grounds for liability toward any person using the property of another for a sport shooting range.

(c) No public street or alley shall be opened through a tract of property used or occupied as a sport shooting range, unless the necessity of the street or alley is first established by verdict of a jury upon a showing of extreme need and impossibility of redirecting or rerouting the street or alley to accommodate the sport shooting range.

(d) Rules or regulations adopted by any governmental body limiting levels of noise in terms of decibel level which may occur in the atmosphere shall not apply to a sport shooting range exempted from liability under this section.

(e) Rules or regulations adopted by any governmental body limiting levels of lead occurring in the atmosphere shall not apply to a sport shooting range exempted from liability under this section.

(Act 2001-470, p. 626, §§1-5.)

§ 6-5-342 Skateboarding, Roller Skating in Parks or Rinks

(a) The purpose of this section is to encourage owners of property to make land available for skateboarding or roller skating activities in areas specifically designed for that purpose. It is recognized that there are certain risks and dangers involved in skateboarding and roller skating activities, including skating itself, riding, assisting, and observing. Property owners have been reluctant or failed to make property available for skateboarding and roller skating activities because of the inherent risks in the activity, the exposure to liability, and the prohibitive cost of insurance, if insurance can be obtained for the activities. The recreational sports of skateboarding and roller skating are a wholesome and healthy family activity that should be encouraged. The allocation of risks and costs of skateboarding and roller skating activities is an important matter of public policy.

(b) Any person who participates in or assists in roller skating or skateboarding in a park or rink designated for that purpose, regardless of whether publicly or privately owned, assumes the known and unknown inherent risks in roller skating and skateboarding activities and is legally responsible for all damages, injury, or death to himself or herself or other persons or property which result from these activities. Any person who observes skateboarding or roller skating activities in a rink or park designated for that purpose, regardless of whether publicly or privately owned, assumes the known and unknown inherent risks in this activity and is legally responsible for all damages, injury, or death to himself or herself which result from these activities.

(c) Every operator of a skateboard or roller skating park or rink shall post and maintain a warning sign in a clearly visible location at the entrance of the park or rink and any other conspicuous location within the park or rink as specified in this section. The sign shall serve as a warning to the roller skaters, skateboarders, assistants, spectators, and any others involved in this activity that the operator of the park or rink has limited civil liability under Alabama law for skateboarding and roller skating activities occurring at the park or rink. Failure to comply with the requirements concerning warning signs provided in this section shall prevent an operator of a park or rink from invoking the privileges of immunity provided by this section. The warning notice shall appear on the sign in black letters with each letter to be a minimum of one inch in height and shall contain the following notice:

“WARNING

“Under Alabama law, a skateboard or roller skating park or rink operator is not liable for injury, damages, or death of a participant, assistant, or spectator in skateboarding or roller skating activities in the park or rink resulting from the inherent risks of skateboarding or roller skating activities. If skateboarding is permitted in this facility, any person skateboarding in this facility must wear appropriate protective equipment including a helmet, elbow pads, and knee pads.”

(d) Any person participating in skateboarding or roller skating activities in a skateboard or roller skating park or rink, including participation as an assistant or spectator, is responsible for the following:

(1) Acting within the limits of his or her ability and the purpose and design of the equipment used.

(2) Maintaining control of his or her person and the equipment used.

(3) Refraining from acting in any manner which may cause or contribute to death or injury of himself or herself or other persons.

(e) Any person operating a skateboard or roller skating park or rink is responsible for the following:

(1) Posting and maintaining the required warning notice in one or more conspicuous places in the park or rink.

(2) Complying with all state and local safety codes regarding the conditions of the park or rink, including, but not limited to, the physical facilities such as safe lighting, fire extinguishers placed at appropriate intervals, railings, and the number of participants, assistants, and spectators permitted in the facility.

(3) Maintaining the stability and safety of skating surfaces.

(f) Each participant in roller skating and skateboarding activities, including roller skaters, skateboarders, assistants, and spectators, is deemed to have read and understood the warning notice required pursuant to subsection (c).

(Act 2003-399, p. 1147, §§1-6.)

§ 6-5-343 Liability for Farmer Allowing Nonprofit Entity onto Property

Notwithstanding any law to the contrary, any farmer, as an owner, lessee, occupant, or person otherwise in control of land, who allows without compensation another person who is employed by or who is an agent of a nonprofit entity to enter upon the land for the purpose of removing any crops remaining in the farmer’s fields following the harvesting of the crops, owes that person the same duty of care the farmer owes a trespasser. For purposes of this section a nonprofit entity is an entity that is exempt from federal income tax under 26 U.S.C. Section 501(c)(3).

(Act 2004-367, p. 598, §1.)

§ 6-5-344 Volunteer Athletic Coach, Manager, or Official

(a) Notwithstanding any provision of law to the contrary, no person who provides services or assistance free of charge, except for reimbursement of expenses, as an athletic coach, manager, or official for a sports team which is organized or performing as a nonprofit or similar entity or which is a member team in a league affiliated with an organized county or municipal recreation department, shall be liable in any civil action for damages to a player, participant, or spectator as a result of his or her acts or omissions arising out of and in the course of rendering that service or assistance.

(b) This section shall apply to competitions, instruction, practice, and other activities related to the organized sport.

(c) Nothing in this section shall grant immunity to any of the following:

(1) Any person causing damage by his or her willful, wanton, or grossly negligent act or omission.

(2) Any coach, manager, assistant, or official who has not participated in a safety and training skills program which shall include, but not be limited to, injury prevention, first aid procedures, and general coaching concepts.

(3) Any person causing damage or injury as a result of his or her negligent operation of a motor vehicle.

(4) Any person for any damage caused by that person permitting a competition or practice to be conducted without supervision.

(Act 2006-605, p. 1668, §1.)

§ 6-5-345 Duty of Care Owed by Possessor of Real Property to Certain Trespassers

(a) For the purpose of this section, the following words have the following meanings:

(1) POSSESSOR OF REAL PROPERTY or POSSESSOR. The owner, lessee, renter, or other lawful occupant of real property.

(2) TRESPASSER. A person who goes upon the premises of another without permission or invitation, expressed or implied, or who, after rightfully entering upon the premises of another, remains on the premises after consent or license to enter or use the premises has been terminated.

(b)(1) A possessor of real property owes no duty of care to a trespasser except to:

a. Refrain from causing wanton or intentional injury, including by a trap or pitfall.

b. Exercise reasonable care to avoid causing injury to a known trespasser in a position of peril and to use reasonable care to warn a known trespasser of dangers known by the possessor to exist on the property.

c. Exercise reasonable diligence to warn a trespasser of dangers known after discovery that the trespasser is in a position of peril after the possessor has knowledge of the presence of the trespasser.

d. Exercise reasonable care to warn a known trespasser of dangers known by the possessor to exist on the property after the possessor becomes aware of the danger to the trespasser. Nothing in this section shall diminish, change, amend, or otherwise affect the open and obvious doctrine.

(2) A possessor of real property, however, may cause injury or use force to prevent or terminate a trespass as permitted at common law or in Title 13A, Chapter 3, Article 2.

(c) Notwithstanding the provisions of subsection (b), a possessor of real property may be subject to liability for physical injury or death to a child trespasser caused by an artificial condition upon the real property of the possessor, if all of the following apply:

(1) The place where the condition existed is one upon which the possessor knew or had reason to know that a child would be likely to trespass.

(2) The condition is one of which the possessor knew or had reason to know and which the possessor realized or should have realized would involve an unreasonable risk of death or serious bodily harm to a child.

(3) The injured child, because of his or her youth, did not discover the condition or realize the risk involved in intermeddling with the condition or in coming within the area made dangerous by it.

(4) The utility to the possessor of maintaining the condition and the burden of eliminating the danger was slight as compared with the risk to the child.

(5) The possessor failed to exercise reasonable care to eliminate the danger or otherwise to protect the child.

(d) Notwithstanding the provisions of subsection (c), the duty owed by the possessor of real property to a child trespasser with respect to a natural condition is the same as that owed in subsection (b).

(e) The intent of the Legislature in enacting this section is to reject the adoption of the Third Restatement of Torts with respect to the duty of a possessor of real property to a trespasser. Nothing in this section shall diminish, change, amend, or otherwise affect the provisions of Sections 35-15-1 through 35-15-40.

(Act 2012-300, p. 654, §1.)

§ 6-5-346 Defense of Self, Others, and Property

(a) As used in this section, property shall mean real property and buildings, structures, and improvements thereon.

(b) Any person who unlawfully enters or attempts to enter upon the property of another for the purposes of engaging in criminal conduct, for purposes of civil liability only, assumes the risk for any injury caused or resulting to him or her due to the commission or effort to commit criminal conduct; provided the property owner acts as a reasonably prudent person would act under same or similar circumstances. The owner and his or her agents shall be immune from any civil liability due to the reasonable and proportionate acts of the owner or his or her agents in resisting the commission of the criminal conduct; provided that the person acts as a prudent person would act under same or similar circumstances.

(c) The provisions of this section do not apply to the creation of a hidden hazardous or hidden dangerous condition on the property designed to prevent criminal conduct or cause injury to a person engaging in criminal conduct.

(Act 2012-502, p. 1481, §1.)

§ 6-5-347 Agritourism

(a) For the purposes of this section, the following terms shall have the following meanings:

(1) AGRICULTURAL. As defined in Section 41-14-51.

(2) AGRITOURISM ACTIVITY. Any of the following, whether or not a participant provides monetary or other valuable compensation to participate in, view, or enjoy:

a. An activity at an agricultural operation, which is not already addressed under Sections 6-5-337 or 35-15-40, including, but not limited to, farming, ranching, historic and cultural agricultural activities, self-pick farms, or farmers’ markets, provided the agritourism professional is selling his or her own product at a location provided to, leased to, rented to, or owned by the agritourism professional for the purpose of selling his or her own product.

b. An activity involving an animal exhibition, show, or competition at an agricultural fair or youth livestock show, which is not already addressed under Section 6-5-337, including, but not limited to, FFA, 4-H, group, club, or other association shows or expositions.

(3) AGRITOURISM PROFESSIONAL. A person who is engaged in the business of providing agritourism activities including employees or authorized agents who offer or conduct agritourism activities on behalf of an agritourism professional.

(4) INHERENT RISKS OF AGRITOURISM ACTIVITIES. Those conditions, dangers, or hazards that are an integral part of an agritourism activity, including any of the following:

a. Surface and subsurface conditions and natural conditions of land, vegetation, and waters.

b. The behavior of wild animals or insects.

c. The behavior of domestic animals or insects as to:

1. The propensity of a domestic animal or insect to behave in ways that may result in sickness, injury, harm, or death to persons on or around them.

2. The unpredictability of the reaction of a domestic animal or insect to sounds, sudden movement, and unfamiliar objects, persons, or other animals.

d. The ordinary dangers of structures or equipment ordinarily used on a working agricultural operation, excluding a dangerous condition on structures or equipment ordinarily used on a working agricultural operation that is actually known by an agritourism professional, not open and obvious, not made known to the participant, and the dangerous condition proximately causes injury, sickness, damage, or death to the participant.

e. The negligent acts of a participant that may contribute to injury to the participant or others, including failing to follow instructions given by an agritourism professional, failing to exercise reasonable caution while engaging in the agritourism activity, or failing to obey written or oral warnings or postings on the premises of the agritourism operation.

(5) PARTICIPANT. Any person, other than an agritourism professional, who engages in an agritourism activity.

(6) PERSON. An individual, governmental entity, corporation, limited liability company, partnership, unincorporated association, group, club, or other legal or commercial entity.

(b)(1) Except as provided in subsection (c), an agritourism professional has no duty of care to inspect for an inherent risk of agritourism activity and may not be liable for an injury, sickness, or damage to a participant or the death of a participant resulting from an inherent risk of an agritourism activity. An agritourism professional does not confer upon any participant the legal status of invitee or licensee.

(2) Except as provided in subsection (c), a participant or a representative of a participant may not make a claim against, maintain an action against, or recover from an agritourism professional for injury, sickness, damage, or death of a participant resulting from an inherent risk of an agritourism activity.

(c) Subsection (b) may not prevent or limit the liability of an agritourism professional who:

(1) Has actual knowledge of a dangerous condition on the land, facilities, or equipment that is not open and obvious or actual knowledge of the dangerous propensity of a particular animal that is not open and obvious, does not make the danger known to the participant, and the danger proximately causes injury, sickness, damage, or death to the participant.

(2) Fails to properly train or improperly or inadequately trains an employee who is actively involved in the agritourism activity and an act or omission of the employee proximately causes injury, sickness, damage, or death of the participant.

(3) Intentionally or willfully injures the participant.

(4) Fails to vaccinate, or quarantine sick domestic or domesticated animals in accordance with applicable animal health statutes and regulations.

(d)(1) This section does not apply unless an agritourism professional posts and maintains a warning notice printed in black letters, with each letter being at least one inch in height.

(2) The warning notice required under subdivision (1) shall be placed in a clearly visible location at the main point of entrance to or the place of payment of monetary or other valuable compensation for the agritourism activity.

(3) The warning notice required under subdivision (1) shall read as follows:

“WARNING.

“Under Alabama law, an agritourism professional is not liable for injury, sickness, or damage to, or the death of, a participant in an agritourism activity at this location if the injury, sickness, damage, or death results from the inherent risks of the agritourism activity.

“Inherent risks of an agritourism activity include risks of injury, sickness, damage, or death inherent to land, equipment, and animals as well as the potential for you to act in a negligent manner that may contribute to your injury, sickness, damage, or death, or for another participant to act in a manner that may cause your injury, sickness, damage, or death.

“You are assuming the risk of participating in this agritourism activity.”

(e) This section does not enlarge or diminish the open and obvious doctrine.

(Act 2012-520, p. 1543, §§1-5.)

§ 6-5-348 Immunity for Federal Firearm Licensees Who Enter into Firearm Hold Agreements Under Certain Conditions

(a) This section shall be known as and may be cited as the Houston/Hunter Act.

(b) For the purposes of this act, the following terms have the following meanings:

(1) FEDERAL FIREARMS LICENSEE. Any person who is licensed pursuant to 18 U.S.C. Chapter 44.

(2) FIREARM. The same meaning as provided in 18 U.S.C. § 921.

(3) FIREARM HOLD AGREEMENT. A private transaction between a federal firearm licensee and an individual firearm owner where the licensee agrees to: (i) take physical possession of the owner’s lawfully possessed firearm at the owner’s request; (ii) hold the firearm for an agreed period of time; and (iii) return the firearm to the owner.

(c) No individual shall have a private cause of action against a federal firearm licensee operating lawfully in this state for returning a firearm to the firearm owner at the termination of a firearm hold agreement.

(d) The immunity from civil liability provided in subsection (c) shall not apply to any action arising from a firearm hold agreement if that action is the result of unlawful conduct on the part of the federal firearm licensee.

(e) This section shall not apply to firearm transfers made in violation of Title 13A or Chapter 27 of Title 41.

(Act 2025-93, §1.)

Article 19 Seduction

§ 6-5-350 Action by Unmarried Woman Under 19 Years of Age

An unmarried woman under the age of 19 years may prosecute as plaintiff an action for her own seduction and may recover such damages as may be assessed in her favor.

(Code 1852, §2133; Code 1867, §2529; Code 1876, §2896; Code 1886, §2585; Code 1896, §23; Code 1907, §2482; Code 1923, §5692; Acts 1935, No. 356, p. 780; Code 1940, T. 7, §116.)

§ 6-5-351 Action by Father or Mother for Seduction of Daughter

The father or, in case of his death or desertion of his family, or of his imprisonment for a term of two years or more under a conviction for crime, or of his confinement in an insane hospital, or of his having been declared of unsound mind, the mother, may commence an action for the seduction of a daughter under the age of 19 years though she be not living with or in the service of the plaintiff at the time of the seduction or afterwards and there is no loss of service; provided, that an action by the daughter is a bar to an action by the father or mother.

(Code 1852, §2134; Code 1867, §2530; Code 1876, §2897; Code 1886, §2586; Code 1896, §24; Code 1907, §2483; Code 1923, §5693; Acts 1935, No. 356, p. 780; Code 1940, T. 7, §117.)

Article 20 Felonious Injury

§ 6-5-370 Civil Action Without Criminal Prosecution

For any injury, either to person or property, amounting to a felony, a civil action may be commenced by the party injured without prosecution of the offender.

(Code 1867, §4423; Code 1876, §2900; Code 1886, §2584; Code 1896, §22; Code 1907, §2481; Code 1923, §5691; Code 1940, T. 7, §113.)

Article 21 Malicious Act of Minor

§ 6-5-380 Liability of Parents for Destruction of Property by Minor; Exception

(a) The parent or parents, guardian, or other person having care or control of any minor under the age of 18 years with whom the minor is living and who have custody of the minor shall be liable for the actual damages sustained, but not exceeding the sum of $1,000, plus the court costs of the action, to any person, firm, association, corporation and the State of Alabama and its political subdivision for all damages proximately caused by the injury to, or destruction of, any property, real, personal or mixed, by the intentional, willful, or malicious act or acts of the minor. Except, approved foster parents of the Department of Human Resources shall not be liable for damages caused by foster children.

(b) Nothing in this section shall be construed to limit the liability of any such parent or parents as the same may now otherwise exist under the laws of the State of Alabama.

(Acts 1965, 2nd Ex. Sess., No. 99, p. 132; Acts 1994, 1st Ex. Sess., No. 94-819, p. 137, §1.)

Article 22 Injury and Death of Minor

§ 6-5-390 Injury to Minor Child

A father or a mother, provided they are lawfully living together as husband and wife, shall have an equal right to commence an action for an injury to their minor child, a member of the family; provided, however, that in the event such mother and father are not lawfully living together as husband and wife, or in the event legal custody of such minor child has been lawfully vested in either of the parties or some third party, then and in either event the party having legal custody of such minor child shall have the exclusive right to commence such action.

(Code 1852, §2135; Code 1867, §2531; Code 1876, §2898; Code 1886, §2587; Code 1896, §25; Code 1907, §2484; Code 1923, §5694; Code 1940, T. 7, §118; Acts 1979, No. 79-443, p. 725.)

§ 6-5-391 Wrongful Death of Minor

(a) When the death of a minor child is caused by the wrongful act, omission, or negligence of any person, persons, or corporation, or the servants or agents of either, the father, or the mother as specified in Section 6-5-390, or, if the father and mother are both dead or if they decline to commence the action, or fail to do so, within six months from the death of the minor, the personal representative of the minor may commence an action.

(b) An action under subsection (a) for the wrongful death of the minor shall be a bar to another action either under this section or under Section 6-5-410.

(c) Any damages recovered in an action under this section shall be distributed according to the laws of intestate succession, Article 3 (commencing with Section 43-8-40) of Chapter 8 of Title 43.

(Code 1876, §2899; Code 1886, §2588; Code 1896, §26; Code 1907, §2485; Code 1923, §5695; Code 1940, T. 7, §119; Acts 1995, No. 95-774, p. 1834, §1.)

Article 23 Death

§ 6-5-410 Wrongful Act, Omission, or Negligence Causing Death

(a) A personal representative may commence an action and recover such damages as the jury may assess in a court of competent jurisdiction within the State of Alabama where provided for in subsection (e), and not elsewhere, for the wrongful act, omission, or negligence of any person, persons, or corporation, his or her or their servants or agents, whereby the death of the testator or intestate was caused, provided the testator or intestate could have commenced an action for the wrongful act, omission, or negligence if it had not caused death.

(b) The action shall not abate by the death of the defendant, but may be revived against his or her personal representative and may be maintained though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful act, omission, or negligence.

(c) The damages recovered are not subject to the payment of the debts or liabilities of the testator or intestate, but must be distributed according to the statute of distributions.

(d) The action must be commenced within two years from and after the death of the testator or intestate.

(e) For any cause of action brought pursuant to this section, the action may only be filed in a county where the deceased could have commenced an action for the alleged wrongful act, omission, or negligence pursuant to Section 6-3-2 or 6-3-7, if the alleged wrongful act, omission, or negligence had not caused death. Nothing in this subsection is intended to override Rule 82 of the Alabama Rules of Civil Procedure.

(f) This section shall only apply to actions filed after June 9, 2011.

(Code 1852, §§1940, 1941; Code 1867, §§2299, 2300; Code 1876, §§2641-2643; Code 1886, §2589; Code 1896, §27; Code 1907, §2486; Acts 1911, No. 455, p. 484; Code 1923, §5696; Code 1940, T. 7, §123; Act 2011-522, p. 838, §§1, 2.)

§ 6-5-411 Injuries to Decedent’s Property Resulting from Wrongful Act, Etc., Causing Death

(a) The personal representative of a deceased person may commence an action in a court of competent jurisdiction within the State of Alabama, and not elsewhere, and recover such damages as the jury may assess for injuries or damages to the property of the decedent resulting from the same wrongful act, omission, or negligence which caused the death of the decedent, provided the decedent could have commenced such action if the wrongful act, omission, or negligence causing the property damage had not also caused his death.

(b) Such action may be commenced though there has not been prosecution, conviction, or acquittal of the defendant for the wrongful act, omission, or negligence; and it shall not abate by the death of the defendant, but may be revived against his personal representative.

(c) The damages recovered are not subject to the payment of the debts or liabilities of the decedent, but must be distributed according to the statute of distributions.

(Acts 1956, 1st Ex. Sess., No. 113, p. 170.)

Article 24 Foreign Causes of Action

§ 6-5-430 Enforcement of Action Upon Contract or Tort Arising in Another State When Jurisdiction of Defendant Can Be Obtained in This State; Doctrine of Forum Non Conveniens Applied

Whenever, either by common law or the statutes of another state or of the United States, a claim, either upon contract or in tort has arisen outside this state against any person or corporation, such claim may be enforceable in the courts of this state in any county in which jurisdiction of the defendant can be legally obtained in the same manner in which jurisdiction could have been obtained if the claim had arisen in this state; provided, however, the courts of this state shall apply the doctrine of forum non conveniens in determining whether to accept or decline to take jurisdiction of an action based upon such claim originating outside this state; and provided further that, if upon motion of any defendant it is shown that there exists a more appropriate forum outside this state, taking into account the location where the acts giving rise to the action occurred, the convenience of the parties and witnesses, and the interests of justice, the court must dismiss the action without prejudice. Such dismissal may be conditioned upon the defendant or defendants filing with the court a consent (i) to submit to jurisdiction in the identified forum, or (ii) to waive any defense based upon a statute of limitations if an action on the same cause of action is commenced in the identified forum within 60 days of the dismissal.

(Acts 1907, Ex. Sess., No. 47, p. 67; Code 1923, §5681; Code 1940, T. 7, §97; Acts 1987, No. 87-182, p. 244.)

Article 25 Election Between Actions

§ 6-5-440 Simultaneous Actions for Same Cause Against Same Party Prohibited

No plaintiff is entitled to prosecute two actions in the courts of this state at the same time for the same cause and against the same party. In such a case, the defendant may require the plaintiff to elect which he will prosecute, if commenced simultaneously, and the pendency of the former is a good defense to the latter if commenced at different times.

(Code 1907, §2451; Code 1923, §5657; Code 1940, T. 7, §146.)

Article 26 Abatement, Survival and Revival of Actions

§ 6-5-460 Abatement - Actions by or Against Unmarried Women Not Abated Upon Marriage

A claim upon which an action has been filed by or against an unmarried woman does not abate on her marriage, but, the marriage being suggested upon the record, the action proceeds in her name acquired by the marriage, and judgment is entered accordingly. If judgment is entered against her, it may be satisfied out of her estate.

(Code 1852, §2150; Code 1867, §2548; Code 1876, §2914; Code 1886, §2602; Code 1896, §37; Code 1907, §2498; Code 1923, §5714; Code 1940, T. 7, §152.)

§ 6-5-461 Abatement - Actions by Informers

In claims upon which an action has been filed by informers, unless otherwise specifically provided by law, the first filed shall have precedence, and all others shall abate.

(Code 1907, §2452; Code 1923, §5658; Code 1940, T. 7, §148.)

§ 6-5-462 Survival - Claims by and Against Personal Representative in Proceedings Not of an Equitable Nature

In all proceedings not of an equitable nature, all claims upon which an action has been filed and all claims upon which no action has been filed on a contract, express or implied, and all personal claims upon which an action has been filed, except for injuries to the reputation, survive in favor of and against personal representatives; and all personal claims upon which no action has been filed survive against the personal representative of a deceased tort-feasor.

(Code 1852, §2157; Code 1867, §2555; Code 1876, §2920; Code 1886, §2600; Code 1896, §35; Code 1907, §2496; Code 1923, §5712; Code 1940, T. 7, §150; Acts 1951, No. 737, p. 1290.)

§ 6-5-463 Survival - Real Property Claims to Which Actions Filed

Real property claims with respect to which actions have been filed survive in favor of heirs, devisees, or personal representatives and against heirs, devisees, tenants, or personal representatives according to their respective rights, and the court must direct the record and judgment to be so framed as to secure their rights and declare their respective interests.

(Code 1852, §2158; Code 1867, §2556; Code 1876, §2921; Code 1886, §2601; Code 1896, §36; Code 1907, §2497; Code 1923, §5713; Code 1940, T. 7, §151.)

§ 6-5-464 Survival - Claims Equitable in Nature

(a) All claims equitable in nature upon which an action has been filed shall survive in favor of and against the heirs, successors, or personal representative of any deceased party to such an action.

(b) All claims equitable in nature upon which no action has been filed shall survive in favor of and against the personal representatives, heirs, or successors of deceased persons who, but for their death, could have enforced such claims or against whom such claims could have been enforced.

(Acts 1947, No. 709, p. 544.)

§ 6-5-465 Survival - Substitution of Personal Representative Where No Action Filed

If a claim upon which no action has been filed survives on the death of a defendant, substitution of his personal representative may be effected under the Alabama Rules of Civil Procedure; but final judgment must not be entered against a personal representative if he objects until after the expiration of six months from the grant of letters testamentary or of administration.

(Code 1852, §2148; Code 1867, §2544; Code 1876, §2910; Code 1886, §2606; Code 1896, §41; Code 1907, §2500; Acts 1915, No. 533, p. 605; Code 1923, §5716; Acts 1931, No. 717, p. 837; Code 1940, T. 7, §154.)

§ 6-5-466 Revival in Case of Death of One or More Defendants Jointly Sued

(a) The death of one or more defendants jointly sued does not, as to the defendant dying, abate a claim upon which an action has been filed if the claim survives; but such a claim may be revived against the proper representative of such defendant and such representative and the surviving defendant or defendants may be proceeded against jointly or severally, at the election of the plaintiff.

(b) Under this section, the judgment entered must be several, but against a personal representative, if he objects, judgment must not be entered until after the expiration of six months from the grant of letters testamentary or of administration.

(c) Under this section, the satisfaction of one judgment is, as to the plaintiff, a satisfaction of all, except as to costs; but if requested, the plaintiff must assign, without recourse on him, the judgment against a principal debtor to the party from whom satisfaction is received if such principal debtor was bound to the indemnity of such party.

(Code 1867, §§2546, 2547; Code 1876, §§2912, 2913; Code 1886, §2608; Code 1896, §43; Code 1907, §2501; Code 1923, §5717; Code 1940, T. 7, §155.)

Article 27 Medical Liability Actions

§ 6-5-480 Short Title

This article may be cited and known as the “Alabama Medical Liability Act.”

(Acts 1975, No. 513, p. 148, §1.)

§ 6-5-481 Definitions

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:

(1) MEDICAL PRACTITIONER. Anyone licensed to practice medicine or osteopathy in the State of Alabama, engaged in such practice, including medical professional corporations, associations, and partnerships.

(2) DENTAL PRACTITIONER. Anyone licensed to practice dentistry in the State of Alabama, engaged in such practice, including professional dental corporations, associations, and partnerships.

(3) MEDICAL INSTITUTION. Any licensed hospital, or any physician’s or dentist’s office or clinic containing facilities for the examination, diagnosis, treatment, or care of human illnesses.

(4) PROFESSIONAL CORPORATION. Any medical or dental professional corporation or any medical or dental professional association.

(5) PHYSICIAN. Any person licensed to practice medicine in Alabama.

(6) DENTIST. Any person licensed to practice dentistry in Alabama.

(7) HOSPITAL. Such institutions as are defined in Section 22-21-20 as hospitals.

(8) OTHER HEALTH CARE PROVIDERS. Any professional corporation or any person employed by physicians, dentists, or hospitals who are directly involved in the delivery of health care services.

(9) MEDICAL LIABILITY. A finding by a judge, jury, or arbitration panel that a physician, dentist, medical institution, or other health care provider did not meet the applicable standard of care, and that such failure was the proximate cause of the injury complained of, resulting in damage to the patient.

(Acts 1975, No. 513, p. 148, §3; Act 2025-289, §1(b)(1).)

§ 6-5-482 Limitation on Time for Commencement of Action

(a) All actions against physicians, surgeons, dentists, medical institutions, or other health care providers for liability, error, mistake, or failure to cure, whether based on contract or tort, must be commenced within two years next after the act, or omission, or failure giving rise to the claim, and not afterwards; provided, that if the cause of action is not discovered and could not reasonably have been discovered within such period, then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier; provided further, that in no event may the action be commenced more than four years after such act; except, that an error, mistake, act, omission, or failure to cure giving rise to a claim which occurred before September 23, 1975, shall not in any event be barred until the expiration of one year from such date.

(b) Subsection (a) of this section shall be subject to all existing provisions of law relating to the computation of statutory periods of limitation for the commencement of actions, namely, Sections 6-2-1, 6-2-2, 6-2-3, 6-2-5, 6-2-6, 6-2-8, 6-2-9, 6-2-10, 6-2-13, 6-2-15, 6-2-16, 6-2-17, 6-2-30, and 6-2-39; provided, that notwithstanding any provisions of such sections, no action shall be commenced more than four years after the act, omission, or failure complained of; except, that in the case of a minor under four years of age, such minor shall have until his eighth birthday to commence such action.

(Acts 1975, No. 513, p. 148, §4.)

§ 6-5-483 Elimination of Ad Damnum Clause in Complaints

The ad damnum clause in complaints alleging medical liability shall be eliminated. Such complaints, in place of a claim for specific monetary damages, shall contain instead a general claim for relief. However, nothing in this section shall be construed to prohibit or restrict an attorney from requesting or suggesting a specific sum to be awarded during the trial of any medical liability case.

(Acts 1975, No. 513, p. 148, §5.)

§ 6-5-484 Degree of Care Owed to Patient

(a) In performing professional services for a patient, a physician’s, surgeon’s, or dentist’s duty to the patient shall be to exercise such reasonable care, diligence, and skill as physicians, surgeons, and dentists in the same general neighborhood, and in the same general line of practice, ordinarily have and exercise in a like case. In the case of a hospital rendering services to a patient, the hospital must use that degree of care, skill, and diligence used by hospitals generally in the community.

(b) Neither a physician, a surgeon, a dentist nor a hospital shall be considered an insurer of the successful issue of treatment or service.

(Acts 1975, No. 513, p. 148, §6.)

§ 6-5-485 Settlement of Disputes by Arbitration

(a) After a physician, dentist, medical institution, or other health care provider has rendered services, or failed to render services, to a patient out of which a claim has arisen, the parties thereto may agree to settle such dispute by arbitration. Such agreement must be in writing and signed by both parties. Any such agreement shall be valid, binding, irrevocable, and enforceable, save upon such grounds as exist in law or in equity for the revocation of any contract.

(b) Pursuant to the provisions of this section, the claimant shall select one competent and disinterested arbitrator, and the party or parties against whom the claim is made shall select one competent and disinterested arbitrator. The two arbitrators so named shall select a third arbitrator, or, if unable to agree thereon within 30 days, then, upon request of any party, such third arbitrator shall be selected by a judge of a court of record in the county in which the arbitration is pending. The arbitrators shall then hear and determine the question or questions so in dispute in accordance with the procedural rules established by the American Arbitration Association. The decision in writing of any two arbitrators shall be binding upon all parties. Each party shall pay fees of his own arbitrator, and split the expenses of the third. Arbitration shall be conducted in the county in which the claim arose. A judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

(Acts 1975, No. 513, p. 148, §8.)

§ 6-5-486 Optional Method of Payment of Judgments in Excess of $100,000

Where a plaintiff recovers a judgment from a physician, dentist, or medical institution, as defined in Section 6-5-481, in an action for medical liability, and such judgment is in excess of $100,000, the court, in its discretion, may order that:

(1) There shall be deducted from the award, and paid to the plaintiff, an amount sufficient to cover his out-of-pocket expenses as well as his attorney’s fee.

(2) The remainder of the award shall be paid to the plaintiff in monthly installments in an amount calculated to provide the plaintiff a lifetime income.

(3) If the plaintiff should die before payment of all of said award, the same income shall be paid to the beneficiary of the plaintiff for the remainder of the payments due.

(4) The defendant file a surety bond with the court in an amount equal to the award remaining after the expenses referred to in subdivision (1) of this section have been deducted.

(Acts 1975, No. 513, p. 148, §10.)

§ 6-5-487 Advance Payments by Defendant or Insurer Not Admission of Liability; Advance Payments in Excess of Award Not Repayable

(a) In all actions for medical liability, any advance payment made by the defendant or his insurer to or for the plaintiff, or any other person, may not be construed as an admission of liability for injuries or damages suffered by the plaintiff or anyone else. Evidence of such advance payment is not admissible until there is a final judgment in favor of the plaintiff, in which event the court shall reduce the judgment to the plaintiff to the extent of advance payment. The advance payment shall inure to the exclusive credit of the defendant or his insurer making the payment. In the event the advance payment exceeds the liability of the defendant or the insurer making it, the court shall order any adjustment necessary to equalize the amount which each defendant is obligated to pay, exclusive of cost.

(b) In no case shall an advance payment in excess of an award be repayable by the person receiving it.

(Acts 1975, No. 513, p. 148, §11.)

§ 6-5-488 Rules of Evidence and Procedures in Civil Actions Preserved

All rules of evidence and procedures heretofore in effect in civil actions in the State of Alabama are hereby preserved, unless specifically changed in this article, in all civil actions covered by this article.

(Acts 1975, No. 513, p. 148, §13.)

Article 28 Product Liability Actions

Division 1 Limitation Periods

§ 6-5-500 Intent of Legislature; Legislative Findings

It is the intent of the Legislature that a comprehensive system consisting of the time for commencement of actions, for discoverability of actions based upon insidious disease and the repose of actions shall be instituted in this state. The Legislature finds that in order to assure the rights of all persons, and to provide for the fair, orderly, and efficient administration of product liability actions in the courts of this state, a complete and unified approach to the time in which product liability actions may be brought and maintained is required. The Legislature finds that product liability actions and litigation have increased substantially, and the cost of such litigation has risen in recent years. The Legislature further finds that these increases are having an impact upon consumer prices, and upon the availability, cost, and use of product liability insurance, thus, affecting the availability of compensation for injured consumers. Therefore, it is the intent of the Legislature to provide a comprehensive time framework for the commencement and maintenance of all product liability actions brought in this state.

(Acts 1979, No. 79-468, p. 855, §1.)

§ 6-5-501 Definitions

The following definitions are applicable in this division:

(1) ORIGINAL SELLER. Any person, firm, corporation, association, partnership, or other legal or business entity, which in the course of business or as an incident to business, sells or otherwise distributes a manufactured product (a) prior to or (b) at the time the manufactured product is first put to use by any person or business entity who did not acquire the manufactured product for either resale or other distribution in its unused condition or for incorporation as a component part in a manufactured product which is to be sold or otherwise distributed in its unused condition.

(2) PRODUCT LIABILITY ACTION. Any action brought by a natural person for personal injury, death, or property damage caused by the manufacture, construction, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, or labeling of a manufactured product when such action is based upon (a) negligence, (b) innocent or negligent misrepresentation, (c) the manufacturer’s liability doctrine, (d) the Alabama extended manufacturer’s liability doctrine, as it exists or is hereafter construed or modified, (e) breach of any implied warranty, or (f) breach of any oral express warranty and no other. A product liability action does not include an action for contribution or indemnity.

a. No product liability action may be asserted or may be provided a claim for relief against any distributor, wholesaler, dealer, retailer, or seller of a product, or against an individual or business entity using a product in the production or delivery of its products or services (collectively referred to as the distributor) unless any of the following apply:

1. The distributor is also the manufacturer or assembler of the final product and such act is causally related to the product’s defective condition.

2. The distributor exercised substantial control over the design, testing, manufacture, packaging, or labeling of the product and such act is causally related to the product’s condition.

3. The distributor altered or modified the product, and the alteration or modification was a substantial factor in causing the harm for which recovery of damages is sought.

4. It is the intent of this subsection to protect distributors who are merely conduits of a product. This subsection is not intended to protect distributors from independent acts unrelated to the product design or manufacture, such as independent acts of negligence, wantonness, warranty violations, or fraud.

b. Notwithstanding paragraph a., if a claimant is unable, despite a good faith exercise of due diligence, to identify the manufacturer of an allegedly defective and unreasonably dangerous product, a product liability action may be brought against a distributor, wholesaler, dealer, retailer, or seller of a product, or against the individual or business entity using a product in the production or delivery of its products or services. The claimant shall provide an affidavit certifying that the claimant, or the attorney therefor, has in good faith exercised due diligence and has been unable to identify the manufacturer of the product in question.

c. In a product liability action brought pursuant to paragraph b., against a distributor, wholesaler, dealer, retailer, or seller of a product, or against the individual or business entity using a product in the production or delivery of its products or services, the party, upon answering or otherwise pleading, may file an affidavit certifying the correct identity of the manufacturer of the product that allegedly caused the claimant’s injury. Once the claimant has received an affidavit, the claimant shall exercise due diligence to file an action and obtain jurisdiction over the manufacturer. Once the claimant has commenced an action against the manufacturer, and the manufacturer has or is required to have answered or otherwise pleaded, the claimant shall voluntarily dismiss all claims against any distributor, wholesaler, dealer, retailer, or seller of the product in question, or against the individual or business entity using a product in the production or delivery of its products or services, unless the claimant can identify prima facie evidence that the requirements of paragraph a. for maintaining a product liability action against such a party are satisfied.

(3) The definitions used herein are to be used for purposes of this division and are not to be construed to expand or limit the status of the common or statutory law except as expressly modified by the provisions of this division.

(Acts 1979, No. 79-468, p. 855, §2; Act 2011-627, p. 1481, §1.)

§ 6-5-502 Limitation Periods for Product Liability Actions

(a) All product liability actions against an original seller must be commenced within the following time limits and not otherwise:

(1) Except as specifically provided in subsections (b), (c), and (e) of this section, within one year of the time the personal injury, death, or property damage occurs; and

(2) Except as specifically provided in subsections (b), (c), and (e) of this section, each element of a product liability action shall be deemed to accrue at the time the personal injury, death, or property damage occurs;

(b) Where the personal injury, including personal injury resulting in death, or property damage (i) either is latent or by its nature is not discoverable in the exercise of reasonable diligence at the time of its occurrence, and (ii) is the result of ingestion of or exposure to some toxic or harmful or injury-producing substance, element or particle, including radiation, over a period of time as opposed to resulting from a sudden and fortuitous trauma, then, in that event, the product liability action claiming damages for such personal injury, or property damage must be commenced within one year from the date such personal injury or property damage is or in the exercise of reasonable diligence should have been discovered by the plaintiff or the plaintiff’s decedent, and in such cases each of the elements of the product liability action shall be deemed to accrue at the time the personal injury is or in the exercise of reasonable diligence should have been discovered by the plaintiff or the plaintiff’s decedent; and

(c) Notwithstanding the provisions of subsections (a) and (b) of this section, a product liability action against an original seller must be brought within 10 years after the manufactured product is first put to use by any person or business entity who did not acquire the manufactured product for either resale or other distribution in its unused condition or for incorporation as a component part in a manufactured product which is to be sold or otherwise distributed in its unused condition.

(d) The original seller may by express written agreement only waive or extend the period of time provided for in subsection (c) of this section; and

(e)(1) Notwithstanding the provisions of subsection (c) of this section, if a plaintiff or plaintiff’s decedent is entitled to maintain a product liability action because of the failure of an original seller to alter, repair, recall, inspect, or issue warnings or instructions about the manufactured product, or otherwise to take any action or precautions with regard to the safety of the manufactured product for the benefit of users or consumers after the manufactured product was sold or otherwise distributed by an original seller, and, if any federal or state governmental agency shall impose a requirement so to alter, repair, recall, inspect, or issue warnings or instructions about the manufactured product or otherwise to take any actions or precautions with regard to the safety of the manufactured product for the benefit of users or consumers after the manufactured product was sold or otherwise distributed by an original seller, then, if these two events have occurred, a product liability action for damages on account of such failure for personal injury, death, or property damage must be commenced within one year of the time the personal injury, death, or property damage resulting from such failure occurs;

(2) In product liability actions predicated upon the failure to act and the governmental action, set forth in subdivision (1) of this subsection, where the personal injury, including personal injury resulting in death, or property damage (i) either is latent or by its nature is not discoverable in the exercise of reasonable diligence at the time of its occurrence, and (ii) is the result of the ingestion of or exposure to some toxic or harmful or injury-producing substance, element, or particle, including radiation, over a period of time as opposed to resulting from a sudden and fortuitous trauma, then in that event, the product liability action claiming damages for such personal injury or property damage must be commenced within one year from the date such personal injury or property damage is or in the exercise of reasonable diligence should have been discovered by the plaintiff or the plaintiff’s decedent and in such cases each of the elements of the product liability action shall be deemed to accrue at the time the personal injury or property damage is or in the exercise of reasonable diligence should have been discovered by the plaintiff or plaintiff’s decedent; and

(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, a product liability action against an original seller must be brought within 10 years after the date of the imposition of such requirement by such governmental agency.

(Acts 1979, No. 79-468, p. 855, §3.)

§ 6-5-503 Applicability of Division; Not Retroactive

This division and each section thereof shall apply only to product liability actions, wherein each element accrues after the effective date of this division, and no provision of this division shall have retroactive application.

(Acts 1979, No. 79-468, p. 855, §6.)

§ 6-5-504 Sections, Clauses, Etc., of Division Inseparable and Nonseverable

It is expressly provided that each section, clause, provision, or portion of this division shall be construed as inseparable and nonseverable from all others, and in the event that any section, clause, provision, or portion of this division shall be held invalid or unconstitutional by any court of competent jurisdiction, the entire division and each section, clause, provision, or portion thereof shall be inoperative and have no effect.

(Acts 1979, No. 79-468, p. 855, §5.)

Division 2 Mitigation of Recoverable Damages

§ 6-5-520 Intent of Legislature; Legislative Findings; Collateral Source Rule Modified

The Legislature finds that product liability litigation has increased substantially and the cost of such litigation has risen in recent years. The Legislature further finds that these increases have an impact upon the price and availability of products. It is the belief of the Legislature that there are special reasons for modifying the collateral source rule in this state as it applies to product liability actions. The Legislature finds that the recovery by plaintiffs of medical and hospital expenses as damages where plaintiffs are reimbursed for the same medical and hospital expenses from other sources contributes to the increase in the cost of product liability litigation. It is the intent of the Legislature that plaintiffs be compensated fully for any medical or hospital expenses incurred as a result of injuries sustained from a breach of product liability laws, but that plaintiffs not receive compensation more than once for the same medical and hospital expenses.

(Acts 1979, No. 79-476, p. 876, §1.)

§ 6-5-521 “Product Liability Action” Defined

(a) A “product liability action” means any action brought by a natural person for personal injury, death, or property damage caused by the manufacture, construction, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, or labeling of a manufactured product when such action is based upon (1) negligence, (2) innocent or negligent misrepresentation, (3) the manufacturer’s liability doctrine, (4) the Alabama extended manufacturer’s liability doctrine as it exists or is hereafter construed or modified, (5) breach of any implied warranty, or (6) breach of any oral express warranty and no other. A product liability action does not include an action for contribution or indemnity.

(b) No product liability action may be asserted or may be provided a claim for relief against any distributor, wholesaler, dealer, retailer, or seller of a product, or against an individual or business entity using a product in the production or delivery of its products or services (collectively referred to as the distributor) unless any of the following apply:

(1) The distributor is also the manufacturer or assembler of the final product and such act is causally related to the product’s defective condition.

(2) The distributor exercised substantial control over the design, testing, manufacture, packaging, or labeling of the product and such act is causally related to the product’s condition.

(3) The distributor altered or modified the product, and the alteration or modification was a substantial factor in causing the harm for which recovery of damages is sought.

(4) It is the intent of this subsection to protect distributors who are merely conduits of a product. This subsection is not intended to protect distributors from independent acts unrelated to the product design or manufacture, such as independent acts of negligence, wantonness, warranty violations, or fraud.

(c) Notwithstanding subsection (b), if a claimant is unable, despite a good faith exercise of due diligence, to identify the manufacturer of an allegedly defective and unreasonably dangerous product, a product liability action may be brought against a distributor, wholesaler, dealer, retailer, or seller of a product, or against the individual or business entity using a product in the production or delivery of its products or services. The claimant shall provide an affidavit certifying that the claimant, or the attorney therefor, has in good faith exercised due diligence and has been unable to identify the manufacturer of the product in question.

(d) In a product liability action brought pursuant to subsection (c), against a distributor, wholesaler, dealer, retailer, or seller of a product, or against the individual or business entity using a product in the production or delivery of its products or services, the party, upon answering or otherwise pleading, may file an affidavit certifying the correct identity of the manufacturer of the product that allegedly caused the claimant’s injury. Once the claimant has received an affidavit, the claimant shall exercise due diligence to file an action and obtain jurisdiction over the manufacturer. Once the claimant has commenced an action against the manufacturer, and the manufacturer has or is required to have answered or otherwise pleaded, the claimant shall voluntarily dismiss all claims against any distributor, wholesaler, dealer, retailer, or seller of the product in question, or against the individual or business entity using a product in the production or delivery of its products or services, unless the claimant can identify prima facie evidence that the requirements of subsection (b) for maintaining a product liability action against such a party are satisfied.

(e) The definition used herein is to be used for purposes of this division and is not to be construed to expand or limit the status of the common or statutory law except as expressly modified by the provisions of this division.

(Acts 1979, No. 79-476, p. 876, §2; Act 2011-627, p. 1481, §1.)

§ 6-5-522 Evidence of Medical Expense Reimbursement Mitigates Damages; Cost of Obtaining Reimbursement Recoverable

In all product liability actions where damages for any medical or hospital expenses are claimed and are legally recoverable for personal injury or death, evidence that the plaintiff’s medical or hospital expenses have been or will be paid or reimbursed (1) by medical or hospital insurance, or (2) pursuant to the medical and hospital payment provisions of law governing workmen’s compensation, shall be admissible as competent evidence in mitigation of such medical or hospital expense damages. In such actions upon admission of evidence respecting reimbursement or payment of medical or hospital expenses, the plaintiff shall be entitled to introduce evidence of the cost of obtaining reimbursement or payment of medical or hospital expenses. Such portion of the costs of obtaining reimbursement or payment of medical or hospital expenses as the trier of fact finds is reasonably related to the reimbursement or payment received or to be received by the plaintiff shall be a recoverable item of such damages for medical or hospital expenses.

(Acts 1979, No. 79-476, p. 876, §3.)

§ 6-5-523 Reimbursement for Medical Expenses Discoverable

In all product liability actions information respecting reimbursement or payment obtained or which may be obtained by the plaintiff for medical or hospital expenses shall be subject to discovery.

(Acts 1979, No. 79-476, p. 876, §4.)

§ 6-5-524 Evidence of Reimbursement Inadmissible If Recipient Must Repay

Upon proof by the plaintiff to the court that the plaintiff is obligated to repay the medical or hospital expenses which have been or will be paid or reimbursed, no evidence relating to such reimbursement or payment not otherwise admissible shall be admissible as a result of this division.

(Acts 1979, No. 79-476, p. 876, §5.)

§ 6-5-525 Prior Rights Not Affected

This division shall not affect any rights which have accrued prior to July 30, 1979.

(Acts 1979, No. 79-476, p. 876, §8.)

Article 28A Manufacturer Liability

§ 6-5-530 Liability for Damages

(a) In any civil action for personal injury, death, or property damage caused by a product, regardless of the type of claims alleged or the theory of liability asserted, the plaintiff must prove, among other elements, that the defendant designed, manufactured, sold, or leased the particular product the use of which is alleged to have caused the injury on which the claim is based, and not a similar or equivalent product. Designers, manufacturers, sellers, or lessors of products not identified as having been used, ingested, or encountered by an allegedly injured party may not be held liable for any alleged injury. A person, firm, corporation, association, partnership, or other legal or business entity whose design is copied or otherwise used by a manufacturer without the designer’s express authorization is not subject to liability for personal injury, death, or property damage caused by the manufacturer’s product, even if use of the design is foreseeable.

(b) This section is not intended in any way to alter or affect any other principle of law, including those that apply under the Alabama Medical Liability Act, Section 6-5-540 et seq.; those that apply to successor entities, distributors, component manufacturers, or manufacturers who use component parts in assembling products for sale as complete units; or those that apply to the operation of a contract, including a licensing agreement.

(Act 2015-106, §§1, 2.)

Article 29 Medical Liability Act of 1987

§ 6-5-540 Legislative Intent

It is hereby declared by the Legislature of the State of Alabama that a crisis threatens the delivery of medical services to the people of Alabama and the health and safety of the citizens of this state are in jeopardy. In accordance with the previous declaration of Legislature contained in Act 513 of the Regular Session of the 1975 Alabama Legislature it is the declared intent of this Legislature to insure that quality medical services continue to be available at reasonable costs to the citizens of the State of Alabama. This Legislature finds and declares that the increasing threat of legal actions for alleged medical injury causes and contributes to an increase in health care costs and places a heavy burden upon those who can least afford such increases, and that the threat of such actions contributes to expensive medical procedures to be performed by physicians and other health care providers which otherwise would not be considered necessary, and that the spiraling costs and decreasing availability of essential medical services caused by the threat of such litigation constitutes a danger to the health and safety of the citizens of this state, and that this article should be given effect immediately to help control the spiraling cost of health care and to insure its continued availability. Additionally, the Legislature finds that the increasing threat of legal actions for alleged medical injury has resulted in a limitation on the number of physicians providing specialized health care in this state. Because of the limited number of insurers offering professional liability coverage and because of the prejudice to the rights of the defendant health care provider through the interjection of evidence of insurance, the Legislature finds that the interest of all citizens will best be served by prohibiting the introduction of evidence that a witness testifying at trial is insured by the same insurer as the defendant health care provider.

(Acts 1987, No. 87-189, p. 261, §1.)

§ 6-5-541 Short Title; Construction

This article may be cited and known as “The Alabama Medical Liability Act of 1987” and is intended to supplement “The Alabama Medical Liability Act,” Act No. 513 of the 1975 Regular Session of the Alabama Legislature. The provisions of this article shall be construed so as to be consistent with Act No. 513 of the 1975 Regular Session of the Alabama Legislature and the legislative intent stated herein.

(Acts 1987, No. 87-189, p. 261, §2.)

§ 6-5-542 Definitions

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:

(1) HEALTH CARE PROVIDER. A medical practitioner, dental practitioner, medical institution, physician, dentist, hospital, or other health care provider as those terms are defined in Section 6-5-481.

(2) STANDARD OF CARE. The standard of care is that level of such reasonable care, skill, and diligence as other similarly situated health care providers in the same general line of practice, ordinarily have and exercise in like cases. A breach of the standard of care is the failure by a health care provider to comply with the standard of care, which failure proximately causes personal injury or wrongful death. This definition applies to all actions for injuries or damages or wrongful death whether in contract or tort and whether based on intentional or unintentional conduct.

(3) FUTURE DAMAGES. Damages for future medical treatment, care, or custody, loss of future earnings, future loss of earning capacity, future loss of bodily function, future loss of consortium, or future pain and suffering.

(4) PERIODIC PAYMENT. The payment of money or delivery of other property to the judgment creditor at regular intervals.

(5) SUBSTANTIAL EVIDENCE. Substantial evidence is that character of admissible evidence which would convince an unprejudiced thinking mind of the truth of the fact to which the evidence is directed.

(Acts 1987, No. 87-189, p. 261, §3.)

§ 6-5-543 Damages Against Health Care Provider to Be Itemized; Future Damages Over $150,000 to Be Paid by Periodic Payments Over Period of Years; Judgment to Specify Payment Terms; Requirement to Post Security or Provide Evidence of Insurance; Future Damages Not to Be Reduced to Present Value; Attorney’s Fees; Termination of Periodic Payments; Contempt of Court Upon Continuing Pattern of Failure to Make Payments; Modification of Judgment; Legislative Intent

(a) In any action for injury or damages whether in contract or in tort against a health care provider based on a breach of the standard of care the damages assessed by the trier of fact shall be itemized as follows:

(1) Past damages,

(2) Future damages,

(3) Punitive damages.

The trier of fact shall not reduce any future damages to present value. If the trial court determines that any one or more of the above categories is not recoverable in the action, that category or categories shall be omitted from the itemization.

(b) Where the damages assessed against a defendant or defendants by the trier of fact include an award of future damages, the trial court shall comply with the following in rendering its judgment in the case:

(1) Judgment shall be entered against the defendants for all past damages and punitive damages assessed against the defendants by the trier of fact;

(2)a. If the award of future damages assessed by the trier of fact is $150,000 or less, the trial court shall enter judgment against the defendants for the amount of such future damages.

b. If the award of future damages assessed by the trier of fact is greater than $150,000, the trial court shall (i) enter judgment against the defendants for $150,000 of such future damages and (ii) enter judgment requiring the defendants to pay the balance of such future damages in excess of $150,000 by periodic payments over a period of years not to exceed such period of years as, according to the evidence offered during the trial of the case, such future damages may be incurred. In entering a judgment against the defendants ordering the payment of future damages by periodic payments the trial court shall make a specific finding as to the dollar amount of periodic payments which will compensate the judgment creditor for such future damages as the same may be incurred, as determined from the evidence offered during the trial of the case. If, or to the extent that, the evidence offered at trial did not indicate the approximate time or timeframe within which the future damages would be incurred, the trial court, for the purpose of determining the amount of periodic payments and the interval between such payments, shall conclusively presume that such damages will be incurred throughout the life expectancy of the judgment creditor on an equal monthly basis. The judgment ordering payment of future damages by periodic payments shall specify the recipient or recipients of the payments, the dollar amounts of the payments, the interval between payments, and the number of payments or the period of time over which payments shall be made. The total amount of all such periodic payments when added to the sum of $150,000 and when added to that portion of the future damages award utilized for the payment of a portion of the attorney’s fees owed by the judgment creditor shall not exceed the total amount of future damages contained in the verdict.

(c) As a condition to authorizing periodic payments for future damages the court shall require that the defendants either post security sufficient to assure full payment of such damages, or provide evidence the defendants have insurance sufficient to pay the periodic payments as the same become due and that the insurance company which is obligated to pay the judgment holds a certificate of authority in this state, or purchase an annuity of sufficient value to pay the future damages. Nothing contained herein shall be construed as limiting the authority of the trial court to order a new trial, enter a judgment notwithstanding the verdict or order a remittitur of damages. The provisions of this section shall also apply to any judgment entered following remittitur.

(d) The future damages shall not be reduced to present value and no interest is to be charged on said damages. No evidence shall be received by the trier of fact concerning the present value of such future damages except pursuant to this subsection. If, as part of the plaintiff’s contract with his attorney, the plaintiff is obligated to pay his attorney a fee based on that portion of the award of future damages which exceeds $150,000, the court shall determine what portion of the award of future damages in excess of $150,000 is owed to the attorney under the contract and shall enter judgment for the remainder of the award of future damages in excess of $150,000 as provided in subsection (b)(2)b. As to that portion of the award of future damages in excess of $150,000 which is owed to the plaintiff’s attorney, that portion shall be reduced to present value by the court, utilizing the life expectancy of the judgment creditor, and judgment shall be entered against the defendant for the reduced amount.

(e) Where a judgment is entered for the payment of future damages by periodic payments the following shall apply:

(1) If the judgment creditor dies before the termination of the period of years during which such payments are to be made, the liability of the judgment debtor and every entity or person who has assumed his obligations to pay the judgment creditor shall cease and the estate of the judgment creditor shall have no claim for such payments, except that damages awarded for loss of future earnings as determined by the court shall not be reduced or payments terminated by reason of the death of the judgment creditor but shall be paid to a spouse or children, or both, to whom the judgment creditor owed a duty of support, as provided by law, immediately before his death.

(2) Such duty of support shall be deemed to cease upon the death or remarriage of a spouse or the death or attainment of age 22 years by a child, provided, however, that upon the death of a spouse leaving children to whom the judgment creditor owed a duty of support as set out above, payments due the spouse shall be paid to the children until they attain the age 22 years. The death of a child under 22 years of age terminates all payments to him.

(3) In the event the court finds that the judgment debtor has exhibited a continuing pattern of failure to make payments as specified in this section, the court shall find the judgment debtor in contempt of court and, in addition to the required periodic payments, shall order the judgment debtor to pay the judgment creditor all damages caused by the failure to make such periodic payments, including court costs and reasonable attorney’s fees. In addition, where an installment payment is more than 20 days late, there shall be added to the amount due for that installment interest from the date payment was due at the rate of 20 percent per annum compounded daily, and attorney’s fee if necessary to collect the amount due.

(f) The court which rendered the original judgment may, upon petition of any party in interest, modify the judgment to award and apportion the unpaid future damages in accordance with subsection (e) of this section. Following the occurrence or expiration of all obligations specified in the periodic payment judgment, any obligation of the judgment debtor to make future payments shall cease and any security given shall revert to the judgment debtor.

(g) In the event periodic payments are ordered under this section, the court shall order the judgment marked satisfied when the judgment debtor satisfies the court that he is adequately insured or posts security sufficient to assure full payment of such damages or purchases an annuity of sufficient value as set out in subsection (c) of this section.

(h) It is the intent of the Legislature in enacting this section to require the entry of judgments in malpractice actions against health care providers which provide for the payment of future damages in excess of $150,000 through periodic payments rather than lump sum payments. By authorizing periodic payment of judgments as required herein it is the intent of the Legislature that the courts will utilize such judgments to provide compensation sufficient to meet the needs of an injured plaintiff and those persons who are dependent upon the plaintiff for the period of years during which said future damages may be incurred, and to eliminate the potential windfall from a lump sum recovery which was intended to provide for the care of an injured plaintiff over an extended period who then dies shortly after the judgment is paid, leaving the balance of the judgment award to persons and purposes for which it is not intended. It is also the intent of the Legislature that all elements of the periodic payment program be specified with certainty in the judgment ordering such payments.

(Acts 1987, No. 87-189, p. 261, §4.)

§ 6-5-544 Recovery of Noneconomic Losses; Limitation of Such Losses; Mistrial If Jury Advised of Limitation

(a) In any action for injury whether in contract or in tort against a health care provider based on a breach of the standard of care, the injured plaintiff and spouse upon proper proof may be entitled to recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, and other nonpecuniary damage.

(b) In no action shall the amount of recovery for noneconomic losses, including punitive damages, either to the injured plaintiff, the plaintiff’s spouse, or other lawful dependents or any of them together exceed the sum of $400,000. Plaintiff shall not seek recovery in any amount greater than the amounts described herein for noneconomic losses. During the trial of any action neither the court nor any party shall advise or infer to the jury that it may not return an award for noneconomic losses in excess of an amount specified herein; in the event the jury is so advised or such inference is made, the trial court, upon motion of an opposing party, shall immediately declare a mistrial. Any verdict returned which includes an award for noneconomic losses in an amount greater than that permitted herein shall be reduced by the trial court to an amount which will include an award of noneconomic losses no greater than that permitted herein or to such lesser sums as the trial court deems appropriate in accordance with prevailing standards for reducing excessive verdicts.

(Acts 1987, No. 87-189, p. 261, §5.)

§ 6-5-545 Evidence Admissible That Medical Expenses Will Be Reimbursed; Information Subject to Discovery

(a) In all actions where damages for any medical or hospital expenses are claimed and are legally recoverable for personal injury or death, evidence that the plaintiff’s medical or hospital expenses have been or will be paid or reimbursed shall be admissible as competent evidence. In such actions upon admission of evidence respecting reimbursement or payment of medical or hospital expenses, the plaintiff shall be entitled to introduce evidence of the cost of obtaining reimbursement or payment of medical or hospital expenses.

(b) In such civil actions, information respecting such reimbursement or payment obtained or such reimbursement or payment which may be obtained by the plaintiff for medical or hospital expenses shall be subject to discovery.

(c) Upon proof by the plaintiff to the court that the plaintiff is obligated to repay the medical or hospital expenses which have been or will be paid or reimbursed, evidence relating to such reimbursement or payment shall be admissible.

(Acts 1987, No. 87-189, p. 261, §6.)

§ 6-5-546 Venue of Actions; Transfer

In any action for injury or damages or wrongful death whether in contract or in tort against a health care provider based on a breach of the standard of care, the action must be brought in the county wherein the act or omission constituting the alleged breach of the standard of care by the defendant actually occurred. If plaintiff alleges that plaintiff’s injuries or plaintiff’s decedent’s death resulted from acts or omissions which took place in more than one county within the State of Alabama, the action must be brought in the county wherein the plaintiff resided at the time of the act or omission, if the action is one for personal injuries, or wherein the plaintiff’s decedent resided at the time of the act or omission if the action is one for wrongful death. If at any time prior to the commencement of the trial of the action it is shown that the plaintiff’s injuries or plaintiff’s decedent’s death did not result from acts or omissions which took place in more than one county, on motion of any defendant the court shall transfer the action to such county wherein the alleged acts or omissions actually occurred. For the convenience of parties and witnesses, in the interest of justice, a court may transfer any action to any other county where it might have been brought hereunder and/or may order a separate trial as to any claim or party.

(Acts 1987, No. 87-189, p. 261, §7.)

§ 6-5-547 One Million Dollar Limit on Judgments; Mistrial If Jury Advised of Limitation

In any action commenced pursuant to Section 6-5-391 or Section 6-5-410, against a health care provider whether in contract or in tort based on a breach of the standard of care the amount of any judgment entered in favor of the plaintiff shall not exceed the sum of $1,000,000. Any verdict returned in any such action which exceeds $1,000,000 shall be reduced to $1,000,000 by the trial court or such lesser sum as the trial court deems appropriate in accordance with prevailing standards for reducing excessive verdicts. During the trial of any action brought pursuant to Section 6-5-391 or 6-5-410 neither the court nor any party shall advise or infer to the jury that it may not return a verdict in excess of $1,000,000; in the event the jury is so advised or such inference is made the court, upon motion of an opposing party, shall immediately declare a mistrial. The maximum amount payable under this section, $1,000,000, shall be adjusted on April fifteenth of each year to reflect any increase or decrease during the preceding calendar year in the Consumer Price Index of the United States Department of Commerce. Said adjustment shall equal the percentage change in the Consumer Price Index during the preceding calendar year.

(Acts 1987, No. 87-189, p. 261, §8.)

§ 6-5-548 Burden of Proof; Reasonable Care as Similarly Situated Health Care Provider; No Evidence Admitted of Medical Liability Insurance

(a) In any action for injury or damages or wrongful death, whether in contract or in tort, against a health care provider for breach of the standard of care, the plaintiff shall have the burden of proving by substantial evidence that the health care provider failed to exercise such reasonable care, skill, and diligence as other similarly situated health care providers in the same general line of practice ordinarily have and exercise in a like case.

(b) Notwithstanding any provision of the Alabama Rules of Evidence to the contrary, if the health care provider whose breach of the standard of care is claimed to have created the cause of action is not certified by an appropriate American board as being a specialist, is not trained and experienced in a medical specialty, or does not hold himself or herself out as a specialist, a “similarly situated health care provider” is one who meets all of the following qualifications:

(1) Is licensed by the appropriate regulatory board or agency of this or some other state.

(2) Is trained and experienced in the same discipline or school of practice.

(3) Has practiced in the same discipline or school of practice during the year preceding the date that the alleged breach of the standard of care occurred.

(c) Notwithstanding any provision of the Alabama Rules of Evidence to the contrary, if the health care provider whose breach of the standard of care is claimed to have created the cause of action is certified by an appropriate American board as a specialist, is trained and experienced in a medical specialty, and holds himself or herself out as a specialist, a “similarly situated health care provider” is one who meets all of the following requirements:

(1) Is licensed by the appropriate regulatory board or agency of this or some other state.

(2) Is trained and experienced in the same specialty.

(3) Is certified by an appropriate American board in the same specialty.

(4) Has practiced in this specialty during the year preceding the date that the alleged breach of the standard of care occurred.

(d) Notwithstanding any provision of the Alabama Rules of Evidence to the contrary, no evidence shall be admitted or received, whether of a substantive nature or for impeachment purposes, concerning the medical liability insurance, or medical insurance carrier, or any interest in an insurer that insures medical or other professional liability, of any witness presenting testimony as a “similarly situated health care provider” under the provisions of this section or of any defendant. The limits of liability insurance coverage available to a health care provider shall not be discoverable in any action for injury or damages or wrongful death, whether in contract or tort, against a health care provider for an alleged breach of the standard of care.

(e) The purpose of this section is to establish a relative standard of care for health care providers. A health care provider may testify as an expert witness in any action for injury or damages against another health care provider based on a breach of the standard of care only if he or she is a “similarly situated health care provider” as defined above. It is the intent of the Legislature that in the event the defendant health care provider is certified by an appropriate American board or in a particular specialty and is practicing that specialty at the time of the alleged breach of the standard of care, a health care provider may testify as an expert witness with respect to an alleged breach of the standard of care in any action for injury, damages, or wrongful death against another health care provider only if he or she is certified by the same American board in the same specialty.

(Acts 1987, No. 87-189, p. 261, §9; Acts 1996, No. 96-511, p. 650, §3.)

§ 6-5-549 Standard of Proof Shall Be Proof by Substantial Evidence; Scintilla Rule of Evidence Abolished; Instruction to Jury

In any action for injury or damages or wrongful death, whether in contract or in tort, against a health care provider based on a breach of the standard of care, the minimum standard of proof required to test the sufficiency of the evidence to support any issue of fact shall be proof by substantial evidence. In all such actions, whether arising in tort or in contract, the scintilla rule of evidence is abolished. In all pleadings or motions filed in such actions testing the sufficiency of the evidence to support an issue of fact, including, but not limited to, motions for summary judgment, motions for directed verdict, motions for judgment notwithstanding the verdict, and any other such motions or pleadings respecting the sufficiency of the evidence, the standard of proof required shall be proof by substantial evidence. In the case of a jury trial, the jury shall be instructed that in order to return a verdict against a health care provider, the jury shall be reasonably satisfied by substantial evidence that the health care provider failed to comply with the standard of care and that such failure probably caused the injury or death in question.

(Acts 1987, No. 87-189, p. 261, §10; Acts 1996, No. 96-511, p. 650, §3.)

§ 6-5-549.1 Limits of Liability Insurance Coverage in Legal Action Against Health Care Providers; Testimony of Health Care Providers as Specialists

(a) This section and Sections 6-5-548 and 6-5-549 shall be known and may be cited as The Alabama Medical Liability Act of 1996.

(b) The Legislature of the State of Alabama finds and declares that a crisis continues to threaten the delivery and availability of medical services to the people of Alabama and the health and safety of the citizens of this state are in jeopardy as a result of this crisis. In accordance with the previous declarations of the Legislature of Alabama in Sections 6-5-480 to 6-5-488, inclusive, 27-26-1 to 27-26-4, inclusive, 27-26-20 to 27-26-43, inclusive, and Sections 6-5-540 to 6-5-552, inclusive, it is the declared intent of this Legislature to ensure that quality medical services continue to be available at reasonable costs to the citizens of the State of Alabama. The continuing and ever increasing threat of legal actions for alleged medical injury causes and contributes to an increase in health care costs and places a heavy burden on those who can least afford such increases. The threat of such actions contributes to the performance of expensive medical procedures by physicians and other health care providers which otherwise would not be considered necessary. The spiraling cost and decreasing availability of essential medical services caused by the threat of litigation constitutes a danger to the health and safety of the citizens of this state. This section and Sections 6-5-548 and 6-5-549 should be given effect immediately to help control the spiraling cost of health care and to ensure its continuing availability. Additionally, the increasing threat of legal actions for alleged medical injury has resulted in a continuing limitation on the number of physicians providing specialized health care in this state. Because of the limited number of insurers offering professional liability coverage and because of the prejudice to the rights of defendant health care providers through the interjection of evidence of insurance, the interest of all citizens will best be served by prohibiting the introduction of evidence that a witness testifying at trial is insured by the same insurer as the defendant health care provider.

(c) For the purposes of this section and Sections 6-5-548 and 6-5-549, the terms used shall have the meanings respectively ascribed to them in Section 6-5-542. Notwithstanding the foregoing, for purposes of this section and Sections 6-5-548 and 6-5-549, the term “health care provider” shall include any licensed optometrist or licensed chiropractor and the term “professional corporation” shall include any optometric or chiropractic professional corporation or optometric or chiropractic professional association; and, for purposes of this section and Sections 6-5-548(a) and 6-5-549, the term “health care provider” shall include any licensed podiatrist and the term “professional corporation” shall include any podiatric professional corporation or podiatric professional association; and for purposes of this section and Sections 6-5-548 and 6-5-549, the term “health care provider” shall include emergency medical services personnel and any provider service as those terms are defined in Section 22-18-1. However, subsection (e) does not apply to licensed optometrists and optometric professional corporations or licensed chiropractors and chiropractic professional associations.

(d) This section and Sections 6-5-548 and 6-5-549 are intended to supplement “The Alabama Medical Liability Act,” Act 513, 1975 Regular Session and “The Alabama Medical Liability Act of 1987,” Act 87-189, 1987 Regular Session and the legislative intent stated therein.

(e) This section and Sections 6-5-548 and 6-5-549 apply to all actions pending against health care providers at the time of the effective date of the sections. Notwithstanding the foregoing, this section shall not apply to an action filed against a podiatrist prior to March 7, 2006.

(Acts 1996, No. 96-511, p. 650, §§1, 2, 4-6; Act 2006-191, p. 269, §1; Act 2023-103, §1.)

§ 6-5-550 Cause of Action for Malicious Prosecution of Civil Action Against Health Care Provider

There is hereby created a cause of action for damages for malicious prosecution on the grounds that the party instituting a civil action for injury or damages whether in contract or in tort against a health care provider based on a breach of the standard of care knew or should have known that the same was without adequate legal basis, or false, or unfounded, or without probable cause in the filing of such action, or that the same was filed as a part of a conspiracy to misuse judicial process by filing such a civil action known to be without legal basis, false, or unfounded. In any action for malicious prosecution under this section, the injured party may recover actual damages including litigation costs paid by or on behalf of the injured party or in the alternative liquidated damages of $500 plus a reasonable attorney’s fee and all other costs of litigation. In an action for malicious prosecution under this section, actual malice need not be an element of the claim nor do special damages need to be proved. The elimination of these requirements in permitting the recovery of actual damages or liquidated damages, a reasonable attorney’s fee and other costs of litigation is intended to be in derogation of the common law. The cause of action established by this section is not a compulsory counterclaim in the original civil action upon which it is based for the purposes of Rule 13, Alabama Rules of Civil Procedure.

(Acts 1987, No. 87-189, p. 261, §11.)

§ 6-5-551 Complaint to Detail Circumstances Rendering Provider Liable; Discovery

In any action for injury, damages, or wrongful death, whether in contract or in tort, against a health care provider for breach of the standard of care, whether resulting from acts or omissions in providing health care, or the hiring, training, supervision, retention, or termination of care givers, the Alabama Medical Liability Act shall govern the parameters of discovery and all aspects of the action. The plaintiff shall include in the complaint filed in the action a detailed specification and factual description of each act and omission alleged by plaintiff to render the health care provider liable to plaintiff and shall include when feasible and ascertainable the date, time, and place of the act or acts. The plaintiff shall amend his complaint timely upon ascertainment of new or different acts or omissions upon which his claim is based; provided, however, that any such amendment must be made at least 90 days before trial. Any complaint which fails to include such detailed specification and factual description of each act and omission shall be subject to dismissal for failure to state a claim upon which relief may be granted. Any party shall be prohibited from conducting discovery with regard to any other act or omission or from introducing at trial evidence of any other act or omission.

(Acts 1987, No. 87-189, p. 261, §12; Act 2000-387, p. 609, §1.)

§ 6-5-552 Application

This article applies to all actions against health care providers based on acts or omissions accruing after June 11, 1987, and as to such causes of action, shall supersede any inconsistent provision of law.

(Acts 1987, No. 87-189, p. 261, §13.)

Article 30 Legal Service Liability Actions

§ 6-5-570 Statement of Legislative Intent

It is hereby declared by the Legislature of the State of Alabama that a crisis threatens the delivery of legal service to the people of Alabama and that the quality of legal services which should be made available to the citizens of this state is in jeopardy. It is the declared intent of this Legislature to insure that quality legal services continue to be available at reasonable costs to the citizens of the State of Alabama. This Legislature finds and declares that the increasing threat of legal actions against legal service providers contributes to an increase in the cost of legal services and places a heavy burden upon those who can least afford such cost and that the threat of such legal actions contributes to the expense of providing legal services to be performed by legal service providers which otherwise would not be considered necessary, and that the spiraling costs and decreasing availability of essential legal services caused by the threat of such litigation constitutes a danger to the welfare of the citizens of this state, and that this article should be given effect immediately to help control the spiraling cost of legal services and to insure the continued availability of vital legal services. In addition, this Legislature finds that legal service providers are experiencing great and increasing difficulties in obtaining professional liability insurance and that there is a great and rapid increase in the cost of professional liability insurance. This Legislature finds that both the availability and the cost of professional liability insurance is in direct consequence to the threat of legal actions against Alabama legal service providers. It is the intent of the Legislature to establish a comprehensive system governing all legal actions against legal service providers. The Legislature finds that in order to protect the rights and welfare of all Alabama citizens and in order to provide for the fair, orderly, and efficient administration of legal actions against legal service providers in the courts of this state, this article provides a complete and unified approach to legal actions against legal service providers and creates a new and single form of action and cause of action exclusively governing the liability of legal service providers known as a legal service liability action and provides for the time in which a legal service liability action may be brought and maintained is required.

(Acts 1988, No. 88-262, p. 406, §1.)

§ 6-5-571 Short Title

This article may be cited and known as “The Alabama Legal Services Liability Act.”

(Acts 1988, No. 88-262, p. 406, §2.)

§ 6-5-572 Definitions

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:

(1) LEGAL SERVICE LIABILITY ACTION. Any action against a legal service provider in which it is alleged that some injury or damage was caused in whole or in part by the legal service provider’s violation of the standard of care applicable to a legal service provider. A legal service liability action embraces all claims for injuries or damages or wrongful death whether in contract or in tort and whether based on an intentional or unintentional act or omission. A legal services liability action embraces any form of action in which a litigant may seek legal redress for a wrong or an injury and every legal theory of recovery, whether common law or statutory, available to a litigant in a court in the State of Alabama now or in the future.

(2) LEGAL SERVICE PROVIDER. Anyone licensed to practice law by the State of Alabama or engaged in the practice of law in the State of Alabama. The term legal service provider includes professional corporations, associations, and partnerships and the members of such professional corporations, associations, and partnerships and the persons, firms, or corporations either employed by or performing work or services for the benefit of such professional corporations, associations, and partnerships including, without limitation, law clerks, legal assistants, legal secretaries, investigators, paralegals, and couriers.

(3) STANDARD OF CARE.

a. The standard of care applicable to a legal service provider is that level of such reasonable care, skill, and diligence as other similarly situated legal service providers in the same general line of practice in the same general locality ordinarily have and exercise in a like case.

b. However, if the legal service provider publishes the fact that he or she is certified as a specialist in an area of the law or if the legal service provider solicits business by publicly advertising as a specialist in an area of the law, the standard of care applicable to such legal service provider shall be such reasonable care, skill, and diligence as other legal service providers practicing as a specialist in the same area of the law ordinarily have and exercise in a like case.

(4) BREACH OF THE STANDARD OF CARE. The failure by a legal service provider to comply with the applicable standard of care the breach of which proximately causes the injury or damages or wrongful death.

(5) UNDERLYING ACTION. The term underlying action refers to the legal matter concerning the handling of which it is alleged that the legal services provider breached the applicable standard of care. The term is applicable in legal service liability actions in which the legal service provider’s liability is dependent in part upon or derived from the legal service provider’s acts or omissions concerning the handling of the underlying action.

(6) RULES OF PROFESSIONAL CONDUCT. Any rules governing the conduct of a legal services provider as defined herein.

(Acts 1988, No. 88-262, p. 406, §3.)

§ 6-5-573 Creation of One Form of Action Against Legal Service Providers

There shall be only one form and cause of action against legal service providers in courts in the State of Alabama and it shall be known as the legal service liability action and shall have the meaning as defined herein.

(Acts 1988, No. 88-262, p. 406, §4.)

§ 6-5-574 Limitation on Time for Commencement of Legal Service Liability Action

(a) All legal service liability actions against a legal service provider must be commenced within two years after the act or omission or failure giving rise to the claim, and not afterwards; provided, that if the cause of action is not discovered and could not reasonably have been discovered within such period, then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier; provided, further, that in no event may the action be commenced more than four years after such act or omission or failure; except, that an act or omission or failure giving rise to a claim which occurred before August 1, 1987, shall not in any event be barred until the expiration of one year from such date.

(b) Subsection (a) of this section shall be subject to all existing provisions of law relating to the computation of statutory periods of limitations for the commencement of actions, namely, Sections 6-2-1, 6-2-2, 6-2-3, 6-2-5, 6-2-6, 6-2-8, 6-2-9, 6-2-10, 6-2-13, 6-2-15, 6-2-16, 6-2-17, 6-2-30, and 6-2-39; provided, that notwithstanding any provisions of such sections, no action shall be commenced more than four years after the act, omission, or failure complained of; except, that in the case of a minor under four years of age, such minor shall have until his or her eighth birthday to commence such action.

(Acts 1988, No. 88-262, p. 406, §5.)

§ 6-5-575 Settlement of Disputes by Voluntary Arbitration

(a) After a legal service provider has rendered services, or failed to render services, to a client out of which a claim has arisen, the parties thereto may agree to settle such dispute by arbitration. Such agreement must be in writing and signed by both parties. Any such agreement shall be valid, binding, irrevocable, and enforceable, save upon such grounds as exist in law or in equity for the revocation of any contract.

(b) Pursuant to the provisions of this section, the claimant shall select one competent and disinterested arbitrator, and the party or parties against whom the claim is made shall select one competent and disinterested arbitrator. The two arbitrators so named shall select a third arbitrator, or, if unable to agree thereon within 30 days, then upon request of any party, such third arbitrator shall be selected by a judge of a court of record in the county in which the arbitration is pending. The arbitrators shall then hear and determine the question or questions so in dispute in accordance with the procedural rules established by the American Arbitration Association. The decision in writing of any two arbitrators shall be binding upon all parties. Each party shall pay fees of his own arbitrator, and split the expenses of the third. Arbitration shall be conducted in the county in which the claim arose. A judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

(Acts 1988, No. 88-262, p. 406, §6.)

§ 6-5-576 Advance Payments by Defendant or Insurer Not Admission of Liability; Advance Payments in Excess of Award Not Repayable

(a) In all legal service liability actions, any advance payment made by the defendant or his insurer to or for the plaintiff, or any other person, may not be construed as an admission of liability for injuries or damages suffered by the plaintiff or anyone else. Evidence of such advance payment is not admissible until there is a final judgment in favor of the plaintiff, in which event the court shall reduce the judgment to the plaintiff to the extent of advance payment. The advance payment shall inure to the exclusive credit of the defendant or his insurer making the payment. In the event the advance payment exceeds the liability of the defendant or the insurer making it, the court shall order any adjustment necessary to equalize the amount which each defendant is obligated to pay, exclusive of costs.

(b) In no case shall an advance payment in excess of an award be repayable by the person receiving it.

(Acts 1988, No. 88-262, p. 406, §7.)

§ 6-5-577 Rules of Evidence and Procedures in Civil Actions Preserved

All rules of evidence and procedures heretofore in effect in civil actions in the State of Alabama are hereby preserved, unless specifically changed in this article, in all civil actions covered by this article.

(Acts 1988, No. 88-262, p. 406, §8.)

§ 6-5-578 Effect of Compliance or Violation of the Rules of Professional Conduct

(a) Evidence of action taken by a legal service provider in an effort to comply with any provision or any official opinion or interpretation of the rules of professional conduct shall be admissible only in defense of a legal service liability action and the same shall be available as a defense to any legal services liability action.

(b) Neither evidence of a charge of a violation of the rules of professional conduct against a legal service provider nor evidence of any action taken in response to such a charge shall be admissible in a legal services liability action and the fact that a legal service provider violated any provision of the rules of professional conduct shall not give rise to an independent cause of action or otherwise be used in support of recovery in a legal services liability action.

(Acts 1988, No. 88-262, p. 406, §9.)

§ 6-5-579 Severability of Underlying Action and Available Defenses

(a) If the liability to damages of a legal services provider is dependent in whole or in part upon the resolution of a underlying action, the outcome of which is either in doubt or could have been affected by the alleged breach of the legal services provider standards of care, then, in that event, the court shall upon the motion of the legal services provider, order the severance of the underlying action for separate trial.

(b) In defense of the underlying action, the legal services provider may assert any and all substantive and procedural defense, restriction, limitation, or immunity which could have the effect of limiting, mitigating, reducing, or avoiding liability or damages.

(Acts 1988, No. 88-262, p. 406, §10.)

§ 6-5-580 Standards of Care

In any action for injury or damages or wrongful death, whether in contract or in tort, against a legal service provider, the plaintiff shall have the burden of proving that the legal service provider breached the applicable standard of care. The applicable standard of care shall be as follows:

(1) The applicable standard of care against the defendant legal service provider shall be such reasonable care and skill and diligence as other similarly situated legal service providers in the same general line of practice in the same general area ordinarily have and exercise in a like case.

(2) However, if the defendant publishes the fact that he or she is certified as a specialist in an area of the law or if the defendant legal service provider solicits business by publicly advertising as a specialist in any area of the law, the standard of care applicable to such legal service provider in a claim for damages resulting from the practice of such a specialty shall be such reasonable care, skill, and diligence as other legal service providers practicing as specialist in the same area of the law ordinarily have and exercise in a like case.

(3) Nothing in this article shall be deemed to allow either the solicitation of business by or advertising by a legal services provider in violation of any rule of the Alabama Supreme Court.

(Acts 1988, No. 88-262, p. 406, §11.)

§ 6-5-581 Applicability and Effect on Inconsistent Provisions of Law

This article applies to all actions against legal service providers based on acts or omissions accruing after April 12, 1988, and, as to such causes of action, shall supersede any inconsistent provision of law.

(Acts 1988, No. 88-262, p. 406, §12.)

Article 31 Utility Services Actions

§ 6-5-600 Definitions

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them herein, except where the context clearly indicates a different meaning:

(1) UTILITY. Any public or private utility, any telephone company, or telephone business, and any utility or other entity which is owned or operated by a municipality, electric power board, gas board, utilities board, county improvement authority, power district, or other governmental entity which is engaged in providing electricity, natural gas, water, sewer, garbage, telecommunication, or satellite services, or any combination thereof for sale to consumers.

(2) UTILITY SERVICES. The products, commodities, and services provided by a utility to its customers.

(Acts 1988, No. 88-542, p. 840, §1.)

§ 6-5-601 Right of Action for Diversion or Unauthorized Use of Utility Services

Any person who knowingly:

(1) Connects any tube, pipe, wire, or other instrument with any meter, device, or other instrument used for conducting utility services in such a manner as to permit the use of said utility services without the same passing through a meter or other instrument recording the usage for billing;

(2) Alters, injures, turns on, or prevents the action of a meter, valve, stopcock, or other instrument used for measuring quantities of utility services;

(3) Breaks, defaces, or causes to be broken or defaced any seal, locking device, or other parts that make up a metering device for recording usage of utility services or a security system for said recording device;

(4) Removes a metering device for measuring quantities of utility services;

(5) Transfers from one location to another a metering device for measuring usage of utility services;

(6) Uses a metering device belonging to the utility that has not been assigned to said location and installed by the utility;

(7) Adjusts the indicated consumption, jams the measuring device, bypasses the meter or measuring device with a jumper so that it does not indicate use or registers incorrectly or otherwise obtains quantities of utility services from the utility without same passing through a metering device for measuring quantities of consumption for billing;

(8) Fabricates or uses a device to pick or otherwise tamper with the locks used to deter current diversion, meter tampering, and meter thefts;

(9) Otherwise takes any action resulting in the diversion or unauthorized use of utility services;

shall be liable civilly for damages resulting from such violations.

(Acts 1988, No. 88-542, p. 840, §2.)

§ 6-5-602 Damages

The damages shall be three times the estimated loss of revenue, plus the cost of the repair or replacement of equipment necessitated by violation of this article and all other costs and expenses, including a reasonable attorney’s fee, incurred by the utility resulting from a violation of this article and incurred in collecting the damages provided for by this article.

(Acts 1988, No. 88-542, p. 840, §2.)

§ 6-5-603 Effect of Criminal Conviction

Conviction under Section 13A-8-10, as amended or under any other criminal statute punishing theft of utility services or tampering with utility meters or facilities or diversion of utility services shall conclusively establish the liability of the person convicted for the damages provided under this article.

(Acts 1988, No. 88-542, p. 840, §2.)

§ 6-5-604 Determination of Estimated Lost Revenue

In determining estimated lost revenue for the purposes of this article, if data is not available from which the lost revenue can be computed the court shall estimate such loss based on usage at the premises involved, or at comparable other premises, during a similar time period prior to or coincident with the period during which utility services were unlawfully made available.

(Acts 1988, No. 88-542, p. 840, §2.)

§ 6-5-605 Application of Terms “Utilities” and “Public Utility”

For purposes of this article and for purposes of Sections 40-8-1 and 40-21-50 as amended, the terms “utilities” and “public utility,” as applied to telecommunications, “telephone company,” and “telephone business” mean the provisioning of local exchange services.

(Acts 1988, No. 88-542, p. 840, §3; Acts 1989, No. 89-525, p. 1074, §1.)

Article 32 Action for Disparagement of Food Product or Commodity

§ 6-5-620 Statement of Legislative Intent

The Legislature hereby finds, determines, and declares that the production of agricultural and aquacultural food products and commodities constitute an important and significant portion of the state economy and that it is imperative to protect the vitality of the agricultural and aquacultural economy for the citizens of this state by providing a cause of action for producers to recover damages for the disparagement of any perishable product or commodity.

(Acts 1993, 1st Ex. Sess., No. 93-892, p. 175, §1.)

§ 6-5-621 Definitions

As used in this article, the following terms have the following meanings:

(1) DISPARAGEMENT. The dissemination to the public in any manner of false information that a perishable food product or commodity is not safe for human consumption. The information shall be deemed to be false if it is not based upon reasonable and reliable scientific inquiry, facts, or data.

(2) PERISHABLE FOOD PRODUCT OR COMMODITY. Any agricultural or aquacultural food product which is sold or distributed in a form that will perish or decay beyond marketability within a short period of time.

(Acts 1993, 1st Ex. Sess., No. 93-892, p. 175, §2.)

§ 6-5-622 Damages

Any person who produces, markets, or sells a perishable food product or commodity, and suffers damage as a result of another person’s disparagement of perishable food products or commodities has a cause of action for damages and for any other relief a court of competent jurisdiction deems appropriate, including but not limited to, compensatory and punitive damages.

(Acts 1993, 1st Ex. Sess., No. 93-892, p. 175, §3.)

§ 6-5-623 Defenses

It is no defense under this article that the actor did not intend, or was unaware of, the act charged.

(Acts 1993, 1st Ex. Sess., No. 93-892, p. 175, §4.)

§ 6-5-624 Limitation on Time for Commencement of Action

Any civil action for damages for disparagement of perishable agricultural or aquacultural food products or commodities shall be commenced within one year after the cause of action accrues.

(Acts 1993, 1st Ex. Sess., No. 93-892, p. 175, §5.)

§ 6-5-625 Construction with Other Criminal Laws

This article shall be construed in pari materia with all laws relating to fraud, criminal mischief, criminal tampering with property, interruption of or impairing commerce and trade, unlawful trade practices, and property damage.

(Acts 1993, 1st Ex. Sess., No. 93-892, p. 175, §6.)

Article 33 Class Actions

§ 6-5-640 Scope and Effect on Other Laws or Rules

This article shall apply to and govern all civil class actions brought in the state courts of Alabama pursuant to Alabama Rule of Civil Procedure 23. The provisions of this article, where inconsistent with any Alabama Rule of Civil Procedure, including, but not limited to, Ala. R. Civ. P. 23, shall supersede such rules or parts of rules.

(Act 99-250, p. 329, §1.)

§ 6-5-641 Certification of Classes

(a) No class of civil litigants shall be certified or recognized by any court of the State of Alabama unless there shall have been compliance with the procedures for certification of the class set forth in this article.

(b) As soon as practicable after the commencement of an action in which claims or defenses are purported to be asserted on behalf of or against a class, or as soon as practicable after such assertions in an amended pleading, but in no event prior to the time allowed by law for each party (including, but not limited to, counterclaim, cross-claim, and third-party defendants) to file an answer or other pleading responsive to the complaint, counterclaim, cross-claim, or third-party claim, the court shall hold a conference among all named parties to the action for the purpose of establishing a schedule, in the same manner and to the same extent contemplated by Ala.R.Civ.P. 16, for any discovery in which the parties may wish to engage which is both (1) allowed by Ala.R.Civ.P. 26-37, and (2) germane to the issue of whether the requested class should or should not be certified. At this conference, the court may set a date for a hearing on the issue of class certification, but such hearing may not be set sooner than 90 days after the date on which the court issues its scheduling order pursuant to the conference unless a shorter time is agreed to by all parties.

(c) Upon motion of any party, the court shall, except for good cause shown and even then only if the interests of justice require that it not do so, stay all discovery directed solely to the merits of the claims or defenses in the action until the court shall have made its decision regarding certification of the class. In considering such a motion, the court shall consider whether any prejudice to the plaintiff exists because of the filing by the defendant of a Rule 56 motion for summary judgment prior to the court’s decision regarding class certification.

(d) The court shall, on motion of any party, hold a full evidentiary hearing on class certification. The hearing shall be recorded, and all named parties to the action shall be given notice of the date, time, and place of the hearing by written notification given to the party’s attorney (or if appearing pro se, to the party) no later than 60 days prior to the date set for the hearing. At the hearing, the parties shall be allowed to present, in the same manner as at trial, any admissible evidence in support of or in opposition to the certification of the class.

(e) When deciding whether a requested class is to be certified, the court shall determine, by employing a rigorous analysis, if the party or parties requesting class certification have proved its or their entitlement to class certification under Ala.R.Civ.P. 23. The burden of coming forward with such proof shall at all times be on the party or parties seeking certification, and if such proof shall not have been adduced, the court shall not order certification of the class. In making this determination, the court shall analyze all factors required by Ala.R.Civ.P. 23 for certification of a class and shall not order certification unless all such factors shall have been established. In announcing its determination, the court shall place in the record of the action a written order addressing all such factors and specifying the evidence, or lack of evidence, on which the court has based its decision with regard to whether each such factor has been established. In so doing, the court may treat a factor as having been established if all parties to the action have so stipulated on the record and if the court shall be satisfied that such factor could be proven to have been established.

(f) Nothing in this article shall affect, or be construed to affect, Ala.R.Civ.P. 12 or Ala.R.Civ.P. 56, including the provisions of Rule 56(f).

(Act 99-250, p. 329, §2.)

§ 6-5-642 Appeal of Certification Order

A court’s order certifying a class or refusing to certify a class action shall be appealable in the same manner as a final order to the appellate court which would otherwise have jurisdiction over the appeal from a final order in the action. Such appeal may only be filed within 42 days of the order certifying or refusing to certify the class. The filing of such appeal, the failure to file an appeal, or the affirmance of the certification or denial order shall in no way affect the right of any party, after the entry of final judgement, to appeal the earlier certification of, or refusal to certify, the class. If the appeal is not the first appeal taken by the party, the subsequent appeal shall be based upon the record at the time of final judgment and shall be considered by the court only to the extent that either the facts or controlling law relevant to certification have changed from that which existed or controlled at the time of the earlier certification or refusal to certify. During the pendency of any such appeal, the action in the trial court shall be stayed in all respects. Following adjudication on appeal (or, if the initial appeal is to an intermediate appellate court, adjudication of the action on any writ of certiorari granted by the Supreme Court of Alabama), if the class is not to be certified, the stay in the trial court shall automatically dissolve and the trial court may proceed to adjudicate any remaining individual claims or defenses. If, after such appeal or procedure on writ of certiorari, the class is to be certified, the stay shall likewise dissolve and the trial court shall proceed with adjudication on the merits, except that the trial court shall at all times prior to entry of a final order retain jurisdiction to revisit the certification issues upon motion of a party and to order decertification of the class if during the litigation of the case it shall become evident to the court that the action is no longer reasonably maintainable as a class action pursuant to the factors enumerated in Ala.R.Civ.P. 23(b).

(Act 99-250, p. 329, §3.)

Article 34 Volunteer Medical Professional Act

§ 6-5-660 Short Title

This article shall be called the “Volunteer Medical Professional Act.”

(Act 2000-680, p. 1383, §2.)

§ 6-5-661 Legislative Findings

The Legislature finds that the willingness of medical professionals to volunteer their services has been increasingly deterred by a perception that they put personal assets at risk in the event of tort actions seeking damages arising from their activities as volunteers.

The Legislature further finds that volunteer medical professionals and free medical clinics make a valuable contribution to the health and welfare of the people of the state and that it is in the state’s best interest to encourage medical professionals to volunteer their services for the good of their communities, while at the same time providing a reasonable basis for redress of claims which may arise relating to those activities.

(Act 2000-680, p. 1383, §3.)

§ 6-5-662 Definitions

For purposes of this article, the following words shall have the following meanings:

(1) ESTABLISHED FREE MEDICAL CLINIC. An organized community-based program providing medical care, without charge to individuals unable to pay for it, and which is limited to care that does not require the services of a licensed hospital or ambulatory surgical center, and care that does not include the use of general anesthesia or require an overnight stay in a health care facility.

(2) MEDICAL PROFESSIONAL. A person licensed by the Alabama Medical Licensure Commission established under Section 34-24-310, or licensed to practice the treatment of human ailments in any other state or territory of the United States; or a person licensed by the Alabama Board of Nursing established under Section 34-21-2; or a person licensed by the Board of Chiropractic Examiners established under Section 34-24-140; or a person licensed by the Alabama Board of Optometry established under Section 34-22-20; or a person licensed by the Board of Dental Examiners established under Sections 34-9-1 to 34-9-65, inclusive. Medical professional shall not include medical students, interns, or residents while they are completing training necessary for a medical license or certification as a specialist in a particular medical field.

(Act 2000-680, p. 1383, §4.)

§ 6-5-663 Liability of Volunteer Medical Professionals

(a) A medical professional who, in good faith, provides, without fee or compensation, medical treatment, diagnosis, advice, or nursing services as a part of the services of an established free medical clinic, shall not be liable for civil damages as a result of his or her acts or omissions in providing the medical treatment, diagnosis, advice, or nursing services, unless the act or omission was the result of the licensed healthcare provider’s willful or wanton misconduct.

(b) Subsection (a) does not apply to a particular case unless the free medical clinic has posted in a conspicuous place on its premises an explanation of the immunity from civil liability provided by this article.

(c) The immunity from civil liability provided under subsection (a) also applies to medical professionals who provide, without fee or compensation, further medical treatment, diagnosis, advice, or nursing services to a patient upon referral from an established free medical clinic.

(d) Acceptance by a free medical clinic of a contribution made by a person receiving services at the clinic shall not constitute a waiver of immunity as provided in this article.

(e) In any suit against a free medical clinic for civil damages based upon the negligent act or omission of a volunteer medical professional, proof of such act or omission shall not be sufficient to establish the responsibility of the clinic under the doctrine of “respondeat superior,” notwithstanding the immunity granted to the volunteer medical professional with respect to any act or omission included under subsection (a), unless such act or omission is found to be willful or wanton.

(Act 2000-680, p. 1383, §5.)

Article 35 Asbestos-Related Claims

§ 6-5-680 Definitions

For the purposes of this article, the following words shall have the following meanings:

(1) ASBESTOS CLAIM. Any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including:

a. The health effects of exposure to asbestos, including any claim for:

1. Personal injury or death.

2. Mental or emotional injury.

3. Risk of disease or other injury.

4. The costs of medical monitoring or surveillance, to the extent these claims are recognized under state law.

b. Any claim made by or on behalf of a person exposed to asbestos, or a representative, spouse, parent, child, or other relative of the person.

c. Any claim for damage or loss caused by the installation, presence, or removal of asbestos.

(2) CORPORATION. A corporation for profit, including a domestic corporation organized under the laws of this state, or a foreign corporation organized under laws other than the laws of this state.

(3) SUCCESSOR. A corporation that assumes or incurs, or has assumed or incurred, successor asbestos-related liabilities.

(4) SUCCESSOR ASBESTOS-RELATED LIABILITIES. Any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, which are related in any way to asbestos claims and were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation, with or into another corporation, or which are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. The term includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under Section 6-5-682 were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this state or another jurisdiction.

(5) TRANSFEROR. A corporation from which successor asbestos-related liabilities are or were assumed or incurred.

(Act 2011-545, p. 1001, §1.)

§ 6-5-681 Applicability of Limitations

(a) The limitations in Section 6-5-682 apply to a corporation that is a successor and became a successor before January 1, 1972, or is any of that successor corporation’s successors.

(b) The limitations in Section 6-5-682 do not apply to:

(1) Workers’ compensation benefits paid by or on behalf of an employer to an employee under the laws of this state or a comparable workers’ compensation law of another jurisdiction.

(2) Any claim against a corporation that does not constitute a successor asbestos-related liability.

(3) An insurer, as defined in Section 27-1-2.

(4) Any obligations under the National Labor Relations Act, as amended, or under any collective bargaining agreement.

(5) A successor that, after a merger or consolidation, continued in the business of mining asbestos; in the business of selling or distributing asbestos fibers; or in the business of manufacturing, distributing, removing, or installing asbestos-containing products that were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.

(Act 2011-545, p. 1001, §2.)

§ 6-5-682 Limitations of Liability

(a) Except as further limited in subsection (b), the cumulative successor asbestos-related liabilities of a corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The corporation does not have any responsibility for successor asbestos-related liabilities in excess of this limitation.

(b) If the transferor had assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, the fair market value of the total assets of the prior transferor, determined as of the time of the earlier merger or consolidation, shall be substituted for the limitation set forth in subsection (a) for purposes of determining the limitation of liability of a corporation.

(Act 2011-545, p. 1001, §3.)

§ 6-5-683 Fair Market Value of Total Gross Assets

(a) A corporation may establish the fair market value of total gross assets for the purpose of the limitations under Section 6-5-682 through any method reasonable under the circumstances, including either of the following:

(1) By reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arm’s length transaction.

(2) In the absence of other readily available information from which fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.

(b) Total gross assets include intangible assets.

(c) Total gross assets include the aggregate coverage under any applicable liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, which insurance has been collected or is collectible to cover successor asbestos-related liabilities except compensation for liabilities arising from workers’ exposure to asbestos solely during the course of their employment by the transferor. A settlement of a dispute concerning the insurance coverage entered into by a transferor or successor with the insurers of the transferor before September 1, 2011, shall be determinative of the aggregate coverage of the liability insurance to be included in the calculation of the transferor’s total gross assets.

(Act 2011-545, p. 1001, §4.)

§ 6-5-684 Adjustment of Fair Market Value of Total Gross Assets

(a) Except as provided in subsections (b), (c), and (d), the fair market value of total gross assets at the time of a merger or consolidation shall increase annually at a rate equal to the sum of:

(1) The prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the Wall Street Journal, in which case any reasonable determination of the prime rate on the first day of the year may be used.

(2) One percent.

(b) The rate in subsection (a) may not be compounded.

(c) The adjustment of fair market value of total gross assets shall continue as provided under subsection (a) until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the corporation or a predecessor, or by or on behalf of a transferor, after the time of the merger or consolidation for which the fair market value of total gross assets is determined.

(d) No adjustment of the fair market value of total gross assets shall be applied to any liability insurance otherwise included in the definition of total gross assets by subsection (c) of Section 6-5-683.

(Act 2011-545, p. 1001, §5.)

§ 6-5-685 Application of Article

This article shall apply to any civil action asserting an asbestos claim in which the trial has not commenced as of September 1, 2011.

(Act 2011-545, p. 1001, §6.)

Article 35A Asbestos Exposure Transparency Act

§ 6-5-690 Short Title

This article shall be known and may be cited as the Asbestos Exposure Transparency Act.

(Act 2019-261, §1.)

§ 6-5-691 Definitions

For the purposes of this article, the following terms have the following meanings:

(1) ASBESTOS ACTION. A civil action arising out of, based on, or related to the health effects of exposure to asbestos and any derivative claim made by or on behalf of a person exposed to asbestos or a representative, spouse, parent, child, or other relative of that person. The term asbestos action does not include claims alleging ovarian cancer.

(2) ASBESTOS TRUST. A government-approved or court-approved trust, qualified settlement fund, compensation fund, or claims facility that is created as a result of an administrative or legal action, a court-approved bankruptcy, pursuant to 11 U.S.C. § 524(g), 11 U.S.C. § 1121(a), or other applicable provision of law, that is intended, in whole or in part, to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos.

(3) EXPOSED PERSON. A person whose exposure to asbestos or to asbestos-containing products is the basis for an asbestos action.

(4) TRUST CLAIM MATERIALS. A final executed proof of claim and all documents and information submitted to or received from an asbestos trust, including claim forms and supplementary materials, affidavits, medical and health records, depositions and trial testimony of the plaintiff and others knowledgeable about the plaintiff’s exposure history, work history, exposure allegations, and all documents that reflect the status of a claim against an asbestos trust and if the trust claim has been resolved.

(5) TRUST GOVERNANCE DOCUMENTS. All documents that relate to eligibility and payment levels, including claims payment matrices, trust distribution procedures, or plans for reorganization, for an asbestos trust.

(Act 2019-261, §1; Act 2024-234, §1.)

§ 6-5-692 Required Disclosures by Plaintiff

(a) A plaintiff who files an asbestos action, within 45 days, shall provide all parties with an information form attested by the plaintiff, specifying the basis for each claim against each defendant and stating all of the following with specificity:

(1) The exposed person’s name, address, date of birth, Social Security number, marital status, smoking history, occupation, current and past worksites and employers, and if the exposed person alleges exposure to asbestos through another person, the identity of the other person and that person’s relationship to the exposed person.

(2) The asbestos-related disease claimed to exist.

(3) An affirmation that the plaintiff and his or her counsel have conducted an investigation into all potential sources of the exposed person’s exposure to asbestos.

(4) The identity, with specificity, of each and every source of exposure to asbestos that is available or known to the plaintiff or his or her counsel for the exposed person and any person through which the plaintiff alleges exposure, including all asbestos-containing products to which the exposed person was exposed, whether from bankrupt entities or otherwise, and all premises at which the exposed person was exposed to asbestos.

(5) The specific location and manner of each alleged exposure to asbestos.

(6) The beginning and ending dates of each alleged exposure.

(7) The specific connection of each defendant to the alleged exposure to asbestos.

(8) The name, address, and relationship to the exposed person of each individual who is knowledgeable regarding the exposed person’s exposures to asbestos.

(9) All supporting documentation relating to the information required by this section.

(b) If a defendant that is specifically identified in the plaintiff’s attestation as a source of exposure presents evidence that the attestation is incomplete, the defendant may move the court for an order to require the plaintiff to supplement the attestation. If the court determines that there is a sufficient basis for the plaintiff to supplement the attestation, the court shall enter an order to require the plaintiff to supplement the attestation and shall stay the action until the plaintiff supplements the attestation as provided by the court and produces the supplemental attestation to the parties.

(c) The court shall dismiss the plaintiff’s claim without prejudice if the plaintiff fails to provide the information required in this section or fails to satisfy an order to supplement the plaintiff’s attestation within the time the information is required to be provided to the parties.

(d) A defendant whose product or premises is not specifically identified in the plaintiff’s attestation may file a motion with the court to dismiss the plaintiff’s claim against that defendant without prejudice.

(Act 2019-261, §1; Act 2024-234, §1.)

§ 6-5-693 Bankruptcy Trust Information

(a) Within 60 days after the plaintiff files an asbestos action, the plaintiff shall file all available asbestos trust claims and provide the parties with all trust claim materials available to the plaintiff or his or her counsel in relation to the exposed person’s exposure to asbestos.

(b) A plaintiff has a continuing duty to supplement the information and materials provided under subsection (a) within 30 days after the plaintiff supplements an asbestos trust claim, receives additional information or materials related to an asbestos trust claim, or files an additional trust claim.

(c) Not less than 60 days before trial, if a defendant presents evidence that the plaintiff has not filed all available asbestos trust claims, as required under subsection (a), the defendant may move the court for an order to require the plaintiff to file additional trust claims. If a defendant has previously filed a motion under this section, the court shall not grant a subsequent motion if the defendant knew that the claimant met the criteria for payment for the additional trust claim identified in the subsequent motion at the time the earlier motion was filed.

(d) Trial in an asbestos action may not begin until at least 60 days after the plaintiff complies with this section.

(Act 2019-261, §1; Act 2024-234, §1.)

§ 6-5-694 Discovery

(a) In an asbestos action, there shall be a rebuttable presumption that trust claim materials and trust governance documents are relevant, authentic, and admissible in evidence. A claim of privilege does not apply to trust claim materials or trust governance documents.

(b) A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release the information and materials sought by the defendant.

(Act 2019-261, §1.)

Article 36 Civil Liability of Contractors.

§ 6-5-700 Definitions

For the purposes of this article, the following terms have the following meanings:

(1) AWARDING AUTHORITY. If the contractor enters into a contract to construct, repair, or maintain a highway, road, bridge, or street, then the awarding authority shall be any of the following, as applicable:

a. The Alabama Department of Transportation or the state.

b. The county governing body for the county where the project is bid and let to contract by the county commission.

c. The municipal governing body for the municipality where the project is bid and let to contract by the municipal governing body.

d. Any other governmental entity, board, commission, agency, body, authority, instrumentality, department, subdivision of the state, or public two-year or four-year institution of higher education, if the contractor enters into a contract with the entity to perform a project. This term does not include the Alabama State Port Authority and any entity exempted from the competitive bid laws of the state by statute.

(2) CONCLUSION OF PROJECT. The earlier of the following:

a. The date that the awarding authority notifies the contractor, in writing, that the awarding authority has assumed maintenance responsibilities for the project.

b. The date following the expiration of 45 days after the contractor provides, by certified mail return receipt requested, notice of presumptive conclusion of the project to the awarding authority and the awarding authority fails to respond.

c. The date following the expiration of 90 days after the contractor has completed the advertising requirements of Title 39 and the awarding authority has made the final payment to the contractor.

(3) CONTRACTOR. Any individual, corporation, limited liability company, partnership, or other legal entity, or any combination thereof, and any subcontractor, director, officer, or employee of the individual or legal entity, that contracts with an awarding authority to perform a project.

(4) DANGEROUS CONDITION. A condition that is not reasonably safe for the intended use of the roadway and is capable of causing an individual physical injury or death under the anticipated use of the roadway.

(5) LATENT DEFECT. A defect or omission resulting from the work conducted or materials provided by the contractor under the contract which was not discoverable, visible, or apparent.

(6) PROJECT. The construction, repair, or maintenance by a contractor of a section of highway, road, bridge, or street together with all appurtenances, as specified in a contract with an awarding authority.

(7) SPECIFICATIONS. Specifications, plans, traffic control requirements, communication requirements, drawings, bid documents, or any other written or electronically stored requirements and details the contractor agrees to perform.

(Act 2012-225, p. 414, §1; Act 2023-316, §1.)

§ 6-5-701 Reliance Upon Specifications

A contractor is justified ordinarily in relying upon the plans and specifications that are contained in the contract with an awarding authority. No contractor shall be held civilly liable for work performed on the project, including repairs, construction, or maintenance on behalf of the awarding authority, unless it is shown by a preponderance of the evidence that physical injury, property damage, or death is proximately caused by either of the following:

(1) A failure by the contractor to follow the plans and specifications resulting in a dangerous condition.

(2) A latent defect which creates a dangerous condition that is the result of the work of the contractor.

(Act 2012-225, p. 414, §2; Act 2023-316, §1.)

§ 6-5-702 Rebuttable Presumption That Prohibited Conduct Was the Proximate Cause of Injury, Damages, or Wrongful Death

(a) In any action for injury, damages, or wrongful death, whether in contract or in tort, against an awarding authority or its contractors arising from any negligent act or omission in the construction or maintenance of a public road, when it is established by a preponderance of the evidence that the operator of the vehicle engaged in conduct that would have supported a violation of Sections 32-5A-191 or 32-5A-350.1, or that the vehicle was traveling at a rate of 25 or more miles per hour over the applicable speed limit, there shall be established a rebuttable presumption that the prohibited conduct was the proximate cause of the injury, damages, or wrongful death.

(b) The rebuttable presumption established in subsection (a) may be overcome by the plaintiff establishing, by a preponderance of the evidence, that the prohibited conduct was not the proximate cause of the injury, damages, or wrongful death.

(Act 2012-225, p. 414, §3; Act 2023-316, §1.)

§ 6-5-703 Complaint to Include Detailed Specification and Factual Description of Each Alleged Act and Omission

In any action for injury, damages, or wrongful death, whether in contract or in tort, against an awarding authority or its contractors arising from any negligent act or omission in the construction or maintenance of a public road, the plaintiff shall include in the complaint filed in the action a detailed specification and factual description of each act and omission alleged by the plaintiff, and shall include when feasible and ascertainable the date, time, and place of the act or acts. The plaintiff shall amend the complaint timely upon ascertainment of new or different acts or omissions upon which the claim is based; provided, however, that any such amendment must be made at least 90 days before trial. Any complaint that fails to include such detailed specification and factual description of each act and omission shall be subject to dismissal for failure to state a claim upon which relief may be granted. This section shall not apply to claims by the awarding authority or contractor against each other.

(Act 2012-225, p. 414, §4; Act 2023-316, §1.)

§ 6-5-704 Claims by Noncontractual Third Parties

The contractor shall bear no civil liability for any alleged property damage, personal injury, death, or other civil claims made by noncontractual third parties arising from the design decisions or professional engineering judgment, including decisions relating to the proper scope or inspection of the project, by the awarding authority. This section shall not apply to either of the following situations:

(1) The contractor contracts in whole or in part to design the project or to provide professional engineering services as to the design of the project.

(2) The contractor undertakes to provide design or professional engineering services as to the project.

(Act 2012-225, p. 414, §5; Act 2023-316, §1.)

§ 6-5-705 Dangerous Conditions Outside Scope of Project

The contractor shall bear no civil liability for any dangerous condition that is outside of the scope of the project or that is in excess of any requirement of the governing plans and specifications provided by the awarding authority. This section shall not apply to either of the following situations:

(1) The contractor contracts to design in whole or in part the project or to provide professional engineering services as to the design of the project.

(2) The contractor undertakes to provide services as to the project that are outside the scope of the project or that are in excess of any requirement of the governing plans and specifications.

(Act 2012-225, p. 414, §6; Act 2023-316, §1.)

§ 6-5-706 Improper Maintenance Following Conclusion of Project

A contractor shall bear no civil liability to a claimant for personal injury, property damage, or death which occurs subsequent to the conclusion of the project where the proximate cause of the personal injury, property damage, or death is occasioned by a failure of the awarding authority to properly maintain the roadway or any of its features, including shoulders, unless either:

(1) A contractor contracts in whole or in part with the awarding authority to maintain the roadway, or any of its features, including shoulders, or project in question.

(2) The contractor undertakes, independent of a contract, to maintain a roadway or any of its features, including shoulders.

(Act 2012-225, p. 414, §7.)

§ 6-5-707 Damage to Property of Utility

Nothing in this article shall limit or eliminate the liability of a contractor for any civil action based on any alleged loss of or damage to the property of a utility that is rightfully located on, or adjacent to, the right-of-way of any highway, road, or street on which the contractor performed the construction, repair, or maintenance.

(Act 2012-225, p. 414, §8.)

§ 6-5-708 Accrual of Action

This article shall only apply to a cause of action which accrues after April 24, 2012. The amendatory provisions of Act 2023-316 shall only apply to causes of action which accrue after August 1, 2023. Pursuant to this article, a cause of action accrues at the time of property damage or the occurrence of the personal injury or death that is made the basis of the civil action.

(Act 2012-225, p. 414, §10; Act 2023-316, §1.)

§ 6-5-709 Construction of Article

Nothing in this article shall be interpreted or construed to alter or affect the rights of any awarding authority to make a claim against a contractor or to exempt a contractor from compliance with all provisions of contracts between such contractors and an awarding authority.

(Act 2012-225, p. 414, §11.)

Article 36A Liability for Construction Monitoring Services

§ 6-5-710 Definitions

For purposes of this article the following terms shall have the following meanings:

(1) AWARDING AUTHORITY.

a. The Alabama Department of Transportation, if the project is either for, or is funded in whole or in part by, the State of Alabama to construct, repair, resurface, refurbish, replace, remove, modify, alter, or otherwise improve any public or private infrastructure, including any public-private partnership project, for which construction monitoring services are contracted.

b. A county, city, town, or municipality that appropriates public funds for the construction, repair, resurfacing, refurbishment, replacement, removal, modification, alteration, or other improvement of any public or private infrastructure, including any public-private partnership project, for which construction monitoring services are contracted.

c. All other state, county, or municipal boards, bodies, commissions, agencies, departments, institutions, and instrumentalities, and their political subdivisions, that appropriate public funds for the construction, repair, resurfacing, refurbishment, replacement, removal, modification, alteration, or other improvement of any public or private infrastructure, including any public-private partnership project, for which construction monitoring services are contracted.

(2) CONSTRUCTION MONITORING SERVICES. The monitoring, review, observation, or inspection of the contractor’s work on behalf of the awarding authority to determine the contractor’s compliance with the plans and specifications issued for that project, sometimes referenced in the industry as “construction engineering inspection.”

(3) PLANS AND SPECIFICATIONS. Engineering designs, drawings, plans and specifications, or other design products prepared by or on behalf of an awarding authority by a licensed and registered professional engineer, and issued to a contractor by the awarding authority for the purpose of constructing, repairing, resurfacing, refurbishing, removing, replacing, modifying, altering, or otherwise improving any public or private infrastructure.

(4) PROFESSIONAL FIRM. A corporation, company, partnership, sole proprietorship, professional corporation, limited liability company, or other entity that is duly qualified by the Secretary of State to conduct business in Alabama, and that has been issued a certificate of authorization by the State of Alabama Board of Licensure for Professional Engineers and Land Surveyors pursuant to Chapter 11 of Title 34, to engage in the practice of engineering.

(5) PUBLIC OR PRIVATE INFRASTRUCTURE. Shall include but not be limited to highways, roads, streets, overpasses, bridges, utilities, rights-of-way, airports, runways and taxiways, water ports, waterways, bays, rivers, and streams, railways, and all other assets or conveyances of convenience, safety, or transportation, including all appurtenances thereto, located in whole or in part within the borders of the State of Alabama, whether publicly or privately owned.

(Act 2013-401, p. 1538, §1.)

§ 6-5-711 Exemption from Civil Liability for Certain Professional Firms and Employees Providing Construction Monitoring Services

The provisions of Section 34-11-9(a)(3) notwithstanding, neither a professional firm nor any of its employees that provide construction monitoring services on behalf of an awarding authority relating to the construction, repair, resurfacing, refurbishment, replacement, removal, modification, alteration, or other improvement of any public or private infrastructure shall be civilly liable in tort or otherwise for property damage, personal injury, or death resulting from construction monitoring services that substantially comply with the professional firm’s construction monitoring services requirements for the awarding authority related to the plans and specifications in determining compliance of the contractor’s work with the plans and specifications.

(Act 2013-401, p. 1538, §2.)

§ 6-5-712 Construction and Application of Article

(a) This article is not applicable to the extent that a professional firm or its employees are engaged by an awarding authority solely to design and/or prepare the engineering plans and specifications for a public or private infrastructure.

(b) This article is not applicable to the extent that a professional firm or its employees performing construction monitoring services are also engaged by an awarding authority to prepare the engineering plans for that project, or are otherwise providing additional services on that project, and to the extent that a deficiency in such plans or additional services proximately causes property damage, personal injury, or death to a third party with whom the professional firm is not in privity of contract.

(c) This article does not replace or supersede existing burdens of proof or defenses in professional liability actions concerning construction monitoring services.

(Act 2013-401, p. 1538, §3.)

Article 37 Commonsense Consumption Act

§ 6-5-730 Short Title

This article may be cited as the “Commonsense Consumption Act.”

(Act 2012-556, p. 1636, §1.)

§ 6-5-731 Definitions

For purposes of this article, the following words have the following meanings:

(1) CLAIM. Any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person.

(2) GENERALLY KNOWN CONDITION ALLEGEDLY CAUSED BY OR ALLEGEDLY LIKELY TO RESULT FROM LONG-TERM CONSUMPTION. A condition generally known to result or to likely result from the cumulative effect of consumption, and not from a single instance of consumption.

(3) KNOWING AND WILLFUL. Conduct in violation of federal or state law which meets both of the following criteria:

a. The conduct constituting the violation was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers.

b. The conduct constituting the violation was not required by regulations, orders, rules, or other pronouncement of, or any statute administered by, a federal, state, or local government agency.

(4) OTHER PERSON. Any individual, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity, including any governmental entity or private attorney general.

(Act 2012-556, p. 1636, §2.)

§ 6-5-732 Claims Arising from Weight Gain, Obesity, Associated Health Conditions, or Long-Term Consumption of Food - Exemptions from Civil Actions

Except as exempted in Section 6-5-733, a packer, distributor, manufacturer, carrier, holder, seller, marketer, or advertiser of a food, as defined at Section 201(f) of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §321(f), or an association of one or more such entities, shall not be subject to any civil action for any claim arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food.

(Act 2012-556, p. 1636, §3.)

§ 6-5-733 Claims Arising from Weight Gain, Obesity, Associated Health Conditions, or Long-Term Consumption of Food - Permitted Civil Actions

Section 6-5-732 shall not preclude a civil action in which the claim of weight gain, obesity, health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food (1) includes as an element of the cause of action a material violation of an adulteration or misbranding requirement prescribed by statute or rule of this state or the United States of America, and the claimed injury was proximately caused by such violation; or (2) is based on any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food, provided that such violation is knowing and willful, and the claimed injury was proximately caused by such violation.

(Act 2012-556, p. 1636, §4.)

§ 6-5-734 Pleading Requirements; Stay of Discovery

(a) In any action exempted under subdivision (1) of Section 6-5-733, the complaint initiating the action shall state with particularity for each defendant and cause of action all of the following:

(1) The statute, rule, or other law of the state or of the United States that allegedly creates the cause of action.

(2) Each element of the cause of action and the specific facts alleged to satisfy each element of the cause of action.

(3)a. The exemption under subsection (a) being relied upon and the specific facts that allegedly demonstrate that the violation of the statute, rule, or other law in subdivision (1) proximately caused actual injury to the plaintiff.

b. In any action exempted under subdivision (2) of Section 6-5-733, in addition to the foregoing pleading requirements, the complaint initiating the action shall state with particularity facts sufficient to support a reasonable inference that the violation was with intent to deceive or injure consumers or with the actual knowledge that the violation was injurious to consumers. For purposes of applying this article, the pleading requirements in this subsection are deemed part of the substantive law of the state and not merely in the nature of procedural provisions.

(b)(1) In any action exempted under Section 6-5-733, the obligation of any party or non-party to make disclosures of any kind under any applicable rule or order, or to respond to discovery requests of any kind, as well as all proceedings unrelated to adjudicating a motion to dismiss, shall be stayed prior to the time for filing a motion to dismiss and during the pendency of any such motion unless the court finds upon motion of any party that a response to a particularized discovery request is necessary to preserve evidence or to prevent undue prejudice to that party.

(2) Unless otherwise ordered by the court, during the pendency of any stay of discovery pursuant to this section, the responsibilities of the parties with regard to the treatment of all documents, data compilations, including electronically recorded or stored data, and tangible objects shall be governed by applicable rules of civil procedure. A party aggrieved by the failure of an opposing party to comply with this subdivision shall have the applicable remedies made available by such applicable rules, provided that no remedy shall be afforded that conflicts with the terms of this subdivision.

(Act 2012-556, p. 1636, §5.)

§ 6-5-735 Construction of Article

(a) Nothing in this article shall be construed to create any claim, right of action, or civil liability that did not previously exist under the law of this state.

(b) Nothing in this article shall be construed to interfere with any agency’s exclusive or primary jurisdiction to find or declare violations of an adulteration or misbranding statute or rule.

(Act 2012-556, p. 1636, §6.)

§ 6-5-736 Application of Article

The provisions of this article shall apply to all covered claims pending on May 23, 2012, and all claims filed thereafter, regardless of when the claim arose.

(Act 2012-556, p. 1636, §7.)

Article 38 Alabama Commercial Aviation Business Improvement Act of 2013

§ 6-5-750 Short Title

This article shall be known and may be cited as the Alabama Commercial Aviation Business Improvement Act of 2013.

(Act 2013-73, p. 148, §1.)

§ 6-5-751 Legislative Findings and Objectives

(a) The Legislature finds that the recruitment, establishment, development, and growth of the commercial aviation aircraft manufacturing industry in the State of Alabama is important to the economic health of the state and its agencies and institutions and to the general health, welfare, and prosperity of its citizens. The Legislature finds that it is reasonable and important to the national and international companies and businesses involved in the commercial aviation aircraft manufacturing industry locating or considering locating in the State of Alabama to expect that civil liability actions against them, if any, will be governed by tort principles generally accepted in other jurisdictions outside this state that are home to such companies and businesses, but which are consistent with the Constitution of Alabama of 1901, and this state’s public policy. The Legislature finds that the principles addressed in this article, namely, the statute of limitations, the statute of repose, forum non conveniens, and contribution among tortfeasors, while incorporating concepts that are generally accepted in state, federal, and international jurisdictions outside this state, are treated in this article in a manner not inconsistent with the provisions and requirements of the Constitution of Alabama of 1901, and Alabama public policy and are rationally and reasonably related to the Legislature’s objectives and regulatory scheme.

(b) The Legislature further finds that the commercial aviation aircraft manufacturing industry is one of the most heavily regulated industries in the United States and the world and that the Federal Aviation Administration of the United States and other airworthiness authorities impose upon the industry comprehensive, rigorous standards and requirements governing quality control, safety, and functionality, all of which are in the public interest. The Legislature finds that the classifications contained in this article that distinguish the unique, highly regulated commercial aviation aircraft manufacturing industry are rationally and reasonably related to the Legislature’s regulatory scheme and are valid.

(c) This article bears a reasonable relationship to the proposed legislative objective of limiting the period of liability for commercial aviation aircraft manufacturers whose work on the aircraft generally ends at the time of delivery to the first purchaser or upon replacing or adding a component part that is alleged to have been a proximate cause of an accident. While protecting such manufacturers during a remote period beginning long after the completion of their work, the article imposes no unfair burden on the injured, deceased, or damaged party because a party is still afforded an avenue of legal redress from others who are more likely to have been responsible for or could have prevented such injury, death, or damage.

(d) It is thus the legislative objective to provide for the abolishing of rights of action, with certain exceptions, against commercial aviation aircraft manufacturers that would have accrued after the passage of 12 years from delivery to the first purchaser or from replacing or adding a component part that is alleged to have been a proximate cause of an accident, and all such actions will be forever barred without relief to a claimant. Where causes of action accrue during the 12-year repose period, an action may be brought within two years of accrual even though such action may be filed beyond the 12-year period. This objective permits all injured, deceased, or damaged parties a period of two years to file suit on a cause of action accruing within the repose period, which would in certain circumstances permit the filing of an action up to 14 years after delivery or replacement.

(e) The legislative objective of abolishing potential liabilities of commercial aviation aircraft manufacturers after the passage of a sufficient period of time from the delivery of the aircraft to the first purchaser or from the replacement or addition of a component part that is alleged to have been a proximate cause of an accident is rationally and reasonably related to the permissible state objective of removing responsibility from, and preventing suit against, such highly regulated manufacturers who are the least likely to be responsible or at fault for defects, deficiencies, and failures that cause injury, death, or damage long after their work is completed. The Legislature has deemed that, after a lapse of time of more than 12 years without incident, (1) the burden on the courts to adjudicate, (2) the complexities of proof with the obstacle of faded memories, (3) the unavailability of witnesses and lost evidence, (4) the opportunity for intervening factors such as acts or omissions of others involving inadequate maintenance, improper use, alterations, improvements, and other negligence, (5) changes in standards for design, manufacture, and assembly, (6) changes in regulations and codes, (7) and the burden on manufacturers who may have no control over the aircraft after their work is completed to disprove responsibility after acceptance and years of possession by other parties, all weigh more heavily in favor of repose or the abolishing of rights of action against manufacturers than in favor of allowing adjudication of the few, if any, meritorious claims that might have accrued thereafter.

(f) The Legislature finds that the burden of tenuous claims upon both the courts and the commercial aviation aircraft manufacturing industry sufficiently vindicates the denial of a right of action after the passage of a period of 12 years under the circumstances and with the exceptions stated herein.

(Act 2013-73, p. 148, §2.)

§ 6-5-752 Definitions

For purposes of this article, the following definitions shall apply:

(1) ACCIDENT. An incident resulting in personal injury, death, or damage to property arising out of or relating to commercial aviation aircraft.

(2) AIRCRAFT. The meaning given such term in Section 40102(6) of Title 49 of the United States Code.

(3) AIRWORTHINESS CERTIFICATE. An airworthiness certificate issued under Section 44704(d) of Title 49 of the United States Code or any predecessor federal statute, or from another airworthiness authority.

(4) COMMERCIAL AVIATION AIRCRAFT. Any aircraft for which a type certificate or an airworthiness certificate has been issued by the Administrator of the Federal Aviation Administration of the United States or another airworthiness authority, which, at the time such certificate was originally issued, had a seating capacity of 100 or more passengers.

(5) DEFENDANT. Any defendant, counter-defendant, cross-defendant, or third-party defendant named in an action against a manufacturer arising out of an accident.

(6) MANUFACTURER. A manufacturer or assembler of commercial aviation aircraft or of any new component, system, subassembly, or other part of such aircraft, in its capacity as a manufacturer or assembler.

(7) REPOSE PERIOD. Twelve years with respect to commercial aviation aircraft and the components, systems, subassemblies, and other parts of such aircraft.

(8) TYPE CERTIFICATE. A type certificate issued under Section 44704(a) of Title 49 of the United States Code or any other predecessor federal statute, or another airworthiness authority.

(Act 2013-73, p. 148, §3; Act 2014-346, p. 1289, §1(b)(1).)

§ 6-5-753 Commencement of Action

(a) All actions against a manufacturer in tort, contract, or otherwise for death or injury to person or damage to property arising out of an accident shall be commenced within two years next after a cause of action accrues, and not thereafter. Causes of action for wrongful death accrue upon the death of the testator or intestate.

(b) Notwithstanding subsection (a), and except as provided in subsections (c) and (d), no action for death or injury to a person or damage to property arising out of an accident may be brought against a manufacturer if any of the following circumstances apply:

(1) The accident occurred after the applicable repose period beginning on either:

a. The date of delivery of the aircraft to its first purchaser or lessee, if delivered directly from the manufacturer.

b. The date of first delivery of the aircraft to a person engaged in the business of selling or leasing such aircraft.

(2) The accident occurred with respect to any new component, system, subassembly, or other part that replaced another component, system, subassembly, or other part originally in, or that was added to, the aircraft, and that is alleged to have been a proximate cause of an accident, after the applicable repose period beginning on the date of completion of the replacement or addition.

(c) If a cause of action accrues prior to the expiration of the repose period, an action may be brought within two years of accrual even though it extends beyond the repose period.

(d) Subsection (b) does not apply to any of the following circumstances:

(1) The claimant pleads with specificity the facts necessary to prove, and proves, that the manufacturer with respect to a type certificate or airworthiness certificate for, or obligations with respect to continuing airworthiness of, an aircraft or a component, system, subassembly, or other part of an aircraft knowingly misrepresented to the Federal Aviation Administration or other airworthiness authority, or concealed or withheld from the Federal Aviation Administration or other airworthiness authority, required information that is material and relevant to the performance or the maintenance or operation of such aircraft, or the component, system, subassembly, or other part, that is causally related to the harm that the claimant allegedly suffered.

(2) The person for whose injury or death the claim is being made was not aboard the aircraft at the time of the accident.

(3) An action is brought under a written warranty enforceable under law but for the operation of this section.

(Act 2013-73, p. 148, §4.)

§ 6-5-754 Choice of Forum

(a) If a claim under the common or statutory law of another state, the United States, or a foreign country or under international treaty for death or injury to person or damage to property arises against a manufacturer out of an accident that occurred outside this state, such claim may be brought in the courts of this state in any county in which jurisdiction of the defendant can be legally obtained in the same manner in which jurisdiction could have been obtained if the claim had arisen in this state.

(b) The courts of this state shall apply the doctrine of forum non conveniens in determining whether to accept or decline to take jurisdiction of an action asserting a claim arising out of an accident occurring outside this state.

(c) In applying the doctrine of forum non conveniens, the court shall take into account each of the following considerations:

(1) The state in which the claimant resides, giving deference to the claimant’s choice of forum only if the claimant is a resident of this state.

(2) The location where the acts or occurrences giving rise to the action occurred.

(3) The convenience of the parties and witnesses.

(4) The interests of justice.

(d) If upon motion of any defendant it is shown that there exists a more appropriate forum outside this state, the court must dismiss the action without prejudice. Dismissal may be conditioned upon the defendant filing with the court a consent (1) to submit to jurisdiction in the identified forum, or (2) to waive any statute of limitations defense not already existing if an action on the same cause of action is commenced in the identified forum within 60 days of the dismissal.

(e) An order denying a motion to dismiss under this section shall be immediately appealable, as a matter of right, upon filing of a notice of appeal in accordance with the Alabama Rules of Appellate Procedure.

(Act 2013-73, p. 148, §5.)

§ 6-5-755 Recovery; Contribution

(a) In an action against a manufacturer and one or more other defendants, including other manufacturers, for death or injury to person or damage to property arising out of an accident, the right of the plaintiff to recover jointly and severally against such defendants found liable is preserved.

(b) Notwithstanding subsection (a), in an action arising out of such accident, if the respective or comparative responsibility of tortfeasors is an issue, then the jury shall return special verdicts, or in the absence of a jury the court shall make special findings, allocating the percentage of responsibility attributable to each defendant found to have proximately caused the accident.

(c) Responsibility for the accident may be allocated to a nonparty in an action under the procedure described in subsection (b) if each of the following requirements are satisfied:

(1) A defendant affirmatively pleads the responsibility of a nonparty as a proximate cause of the accident, and, absent a showing of good cause, identifies the nonparty, if known, or describes the nonparty as specifically as practicable, either by motion or responsive pleading when defenses are first presented or in accordance with the Alabama Rules of Civil Procedure governing supplemental and amended pleadings.

(2) The defendant proves at trial, by a preponderance of the evidence, that the act or failure to act of the nonparty was a proximate cause of the accident in whole or in part.

(d) Regarding a party or nonparty joint tortfeasor or tortfeasors who has not settled with the plaintiff and whose comparative responsibility for the accident has been determined under the procedure described in subsection (b) or subsection (c), a defendant found liable and who has paid the plaintiff an amount in excess of defendant’s percentage of comparative responsibility shall be entitled to recover contribution in such excess amount from the joint tortfeasor or tortfeasors according to the percentage of its responsibility so determined. In such a circumstance, contribution among joint tortfeasors is allowed.

(e) Regarding any joint tortfeasor, whether a party or nonparty in the action, who has settled with the plaintiff, a defendant is entitled to elect either informing the trier of fact of the terms of the pro tanto settlement and admitting such settlement into evidence, or choosing a post-judgment setoff by the trial court of the amount of such settlement against the amount of the judgment in the manner permitted by Alabama law.

(f) This section does not apply to contract actions, nor does it limit or abridge the contractual rights of a party.

(Act 2013-73, p. 148, §6.)

§ 6-5-756 Application of Article

This article shall apply to any action filed after April 4, 2013.

(Act 2013-73, p. 148, §7.)

Article 39 Alabama Right of Publicity Act

§ 6-5-770 Short Title

This article shall be known and may be cited as the Alabama Right of Publicity Act.

(Act 2015-188, §1.)

§ 6-5-771 Definitions

For the purposes of this article, the following terms shall have the following meanings unless the context clearly indicates otherwise:

(1) INDICIA OF IDENTITY. Include those attributes of a person that serve to identify that person to an ordinary, reasonable viewer or listener, including, but not limited to, name, signature, photograph, image, likeness, voice, or a substantially similar imitation of one or more of those attributes.

(2) PERSON. A natural person or a deceased natural person who at any time resided in this state or died while in this state or whose estate is, or was, probated in any county in this state.

(3) RIGHT OF PUBLICITY. There is a right of publicity in any indicia of identity, both singular and plural, of every person, whether or not famous, which right endures for the life of the person and for 55 years after his or her death, whether or not the person commercially exploits the right during his or her lifetime. The right is freely transferable and descendible, in whole or in part, and shall be considered property of the estate of the decedent unless otherwise transferred.

(Act 2015-188, §2.)

§ 6-5-772 Liability for Use of Indicia of Identity Without Consent

(a) Except as otherwise provided in this article, any person or entity who uses or causes the use of the indicia of identity of a person, on or in products, goods, merchandise, or services entered into commerce in this state, or for purposes of advertising or selling, or soliciting purchases of, products, goods, merchandise, or services, or for purposes of fund-raising or solicitation of donations, or for false endorsement, without consent shall be liable under this article to that person, or to a holder of that person’s rights.

(b) Liability may be found under this section without regard as to whether the use is for profit or not for profit.

(Act 2015-188, §3.)

§ 6-5-773 Relation to Free Speech; Fair Use; Resale of Lawfully-Obtained Products; Commencement of Action

(a) Nothing in this article will allow for an abridgement of free speech rights under the First Amendment of the United States Constitution and Section 4 of the Constitution of Alabama of 1901.

(b) It is a fair use and not a violation of Section 6-5-772 if the use of the indicia of identity is in connection with a news, public affairs, or public interest account, political speech or a political campaign, live or prerecorded broadcast or streaming of a sporting event or photos, clips, or highlights included in broadcasts or streaming of sports news or talk shows, or documentaries, or any advertising or promotion of the same (public interest work), or is part of an artistic or expressive work, such as a live performance, work of art, literary work, theatrical work, musical work, audiovisual work, motion picture, film, television program, radio program or the like (artistic work), or any advertising or promotion of the same, unless the claimant proves, subject to subsection (a), that the use in an artistic work is such a replica as to constitute a copy of the person’s indicia of identity for the purposes of trade.

(c) With respect to advertising and promotion of public interest works and artistic works, except for the advertising or promotion of a public interest work itself as permitted by subsection (b), it shall not be deemed a fair use if the claimant proves that his or her indicia of identity has been directly connected to and affirmatively used in a commercial manner to advertise, promote, or endorse a product, good, or service.

(d) The commercial use of a person’s indicia of identity in a commercial medium does not constitute a violation of Section 6-5-772 if the material containing the commercial use is authorized by the person or the person’s authorized representative or agent for commercial sponsorship or paid advertising.

(e) It is not a fair use and is a violation of Section 6-5-772 if a person’s indicia of identity is used, without such person’s permission, in a manner stating or implying that such person has endorsed or supports a candidate for public office.

(f) Those who lawfully obtain authorized products containing indicia of identity are not liable under this section for their resale of such products.

(g) Any action brought pursuant to this article shall be commenced within two years from the act or omission giving rise to the claim. If the cause of action is not discovered and could not reasonably have been discovered within that time period, then the action may be commenced within six months from the date of such discovery or the date of discovery of facts which would reasonably lead to such discovery, whichever is earlier. In no event may the action be commenced more than four years after the act or omission giving rise to the claim.

(Act 2015-188, §4.)

§ 6-5-774 Remedies

A plaintiff, who establishes by a preponderance of the evidence that his or her right of publicity has been violated, shall be eligible to receive the following damages, remedies, and relief:

(1) Monetary relief. The measure of damages shall be:

a. Statutory damages in the amount of five thousand dollars ($5,000) per an action or compensatory damages, including the defendant’s profits derived from such use. The plaintiff, within a reasonable time after the close of discovery, shall elect whether to claim statutory damages or to instead receive such monetary relief as the fact finder may independently determine to award in accordance with this section.

b. Any other damages available under Alabama law, including punitive damages. An election of statutory damages does not preclude the recovery of punitive damages if such damages are available under Alabama law.

(2) Injunctive relief. A violation of this article is deemed to constitute a rebuttable presumption of irreparable harm for the purposes of injunctive relief.

(Act 2015-188, §5.)

Article 40 Liabilities of Covered Entities During Coronavirus Pandemic

§ 6-5-790 Legislative Findings

The Legislature finds and declares the following:

(1) Providing reasonable protections from the risk and expense of lawsuits to businesses will help encourage businesses to remain open and reopen and that providing such a safe harbor to businesses that operate reasonably consistent with applicable public health guidance will help ameliorate the social harms of a closed economy and the resulting unemployment.

(2) The Coronavirus has put, and will continue to put, a significant strain on health care facilities, health care providers, and health care resources of this state; the Coronavirus has undermined, and will continue to undermine, the ability to deliver patient care in the traditional, normal, or customary manner; and our health care facilities, health care professionals, and their supporting workers need protection to respond to this pandemic and to do what they can do to continue to provide treatment and services for the people of Alabama.

(Act 2021-4, §1.)

§ 6-5-791 Definitions

(a) For purposes of this article, the following terms shall have the following meanings:

(1) APPLICABLE PUBLIC HEALTH GUIDANCE. Guidance provided in any proclamation, order, or rule of the Governor, the State Health Officer, or the State Board of Health that is applicable to the type of covered entity and to the health emergency claim at issue.

(2) BUSINESS ENTITY. A person or group of persons employing one or more persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood, whether for profit or not for profit, including entities incorporated as nonprofit corporations pursuant to Chapter 3 of Title 10A, self-employed individuals, business entities filing articles of incorporation, cooperative corporations, partnerships, limited partnerships, limited liability companies, as well as foreign corporations, foreign limited partnerships, foreign limited liability companies authorized to transact business in this state, business trusts, and other organizations, or their assigns.

(3) CHURCH. A bona fide duly constituted religious society or ecclesiastical body of any sect, order, or denomination, or any congregation thereof.

(4) CORONAVIRUS. Coronavirus disease 2019, commonly abbreviated as “COVID-19,” for which the Governor declared a public health emergency on March 13, 2020, or any mutation thereof that is declared a public health emergency under the Emergency Management Act.

(5) COVERED ENTITY. Any of the following:

a. A business entity.

b. A health care provider.

c. An educational entity.

d. A church.

e. A governmental entity.

f. A cultural institution.

g. Any director, officer, trustee, manager, member, employee, or agent of the covered entity with respect to any act or omission performed while acting on behalf of the covered entity.

(6) CULTURAL INSTITUTION. An organized and permanent nonprofit or public or private institution in this state operated by, or a division of, a nonprofit corporation, trust, association, educational institution, or governmental entity, that is primarily educational, scientific, historical, or aesthetic in purpose, and that owns, borrows, cares for, studies, archives, or exhibits cultural property. The term includes art, history, science and natural history museums, archives, libraries, historical societies, historical sites, and science and technology centers.

(7) DAMAGES. Economic damages, non-economic damages for mental anguish and emotional distress, compensatory damages, consequential damages, punitive damages, and any other damages arising from any injury, death, or property damage or otherwise.

(8) EDUCATIONAL ENTITY. Any public or private pre-K or K-12 school or public or private two-year or four-year institution of higher education.

(9) EMERGENCY MANAGEMENT ACT. The Alabama Emergency Management Act of 1955, Section 31-9-1, et seq.

(10) GOVERNMENTAL ENTITY. The state, a county, or a municipality or any instrumentality of the state, a county, or a municipality.

(11) HEALTH CARE PROVIDER. Those facilities, professionals, and personnel, including, but not limited to, the following:

a. Any health care provider as that term is defined in Section 6-5-542(1) or Section 6-5-481(1)-(8).

b. Any health care facility licensed or approved in this state, including, but not limited to, any facility licensed or approved by the Alabama Department of Public Health or mental health facility certified by the Alabama Department of Mental Health, including any health care facility or pharmacy operating and providing services pursuant to the provisions outlined in the Governor’s proclamation of April 2, 2020, and any support personnel of the facility or pharmacy.

c. Any medical or health care professional, individual, or entity holding a license, registration, permit, certification, or approval, including a temporary emergency license, registration, permit, certification, or approval, to practice a health care profession or occupation in this state, including under the federal Public Readiness and Emergency Preparedness Act and any declaration of the Department of Health and Human Services in accordance with that act, under any emergency proclamations, orders, or rules, adopted by a licensing board or agency pursuant to authorizing emergency proclamations or executive orders, or otherwise in response to Coronavirus, including any support personnel of the professional, individual, or entity.

(12) HEALTH CARE SERVICES OR TREATMENT. Any health care service or treatment defined by existing law and Section 6-5-540 et seq.

(13) HEALTH EMERGENCY CLAIM. Any claim that arises from or is related to Coronavirus. All such claims, no matter how denominated, shall be considered a health emergency claim for purposes of this article. The term includes, but is not limited to, any cause of action that is related in any manner to either or both of the following:

a. The actual, alleged, or feared exposure to or contraction of Coronavirus from the premises of a covered entity or otherwise related to or arising from its operations, products, or services provided on or off-premises.

b. The covered entity’s efforts to prevent or delay the spread of Coronavirus, including, but not limited to, any of the following:

1. Testing.

2. Monitoring, collecting, reporting, tracking, tracing, disclosing, or investigating exposures or other information.

3. Using or supplying precautionary equipment or supplies such as personal protective equipment.

(14) SERIOUS PHYSICAL INJURY. A death or an injury that requires either in patient hospitalization of at least 48 hours, permanent impairment of a bodily function, or permanent damage to a body structure.

(Act 2021-4, §2.)

§ 6-5-792 Liability of Covered Entity for Damages, Injury, or Death

(a) Notwithstanding any other provision of law, a covered entity shall not be liable for any damages, injury, or death suffered by any person or entity as a result of, or in connection with, a health emergency claim that results from any act or omission of the covered entity.

(b) Subsection (a) does not apply if the claimant proves by clear and convincing evidence that the covered entity caused the damages, injury, or death by acting with wanton, reckless, willful, or intentional misconduct.

(c) In those instances where liability is established as required by subsection (b), and the acts or omissions do not result in serious physical injury, a covered entity’s liability shall be limited to actual economic compensatory damages, and in no event shall the covered entity be liable for noneconomic or punitive damages.

(d) A party asserting a health emergency claim alleging wrongful death is only entitled to an award of punitive damages.

(Act 2021-4, §3.)

§ 6-5-793 Liability of Covered Entity for Negligence, Premises Liability, Etc., Under Certain Claims or Causes of Action

(a) This section applies to both of the following causes of action that accrue before the effective date of this article:

(1) A health emergency claim for which a court holds that neither Section 6-5-792 nor the liability limiting provisions of any gubernatorial emergency order applies.

(2) Any cause of action relating to an act or omission of the health care provider during the performance or provision of health care services or treatment that resulted from, was negatively affected by, was negatively impacted by a lack of resources caused by, or was done in response to the Coronavirus pandemic or the state’s response to the pandemic, for which a court holds that neither Section 6-5-794 nor the liability limiting provisions of any gubernatorial emergency order applies.

(b) For any health emergency claim or cause of action under subsection (a), the following provisions shall apply:

(1) Notwithstanding any other provision of law, as a matter of law, a covered entity shall not be liable for negligence, premises liability, or for any non-wanton, non-willful, or non-intentional civil cause of action to which this section applies, unless the claimant shows by clear and convincing evidence that the covered entity did not reasonably attempt to comply with the then applicable public health guidance.

(2) Notwithstanding any other provision of law, for a cause of action to which this section applies, a covered entity shall not be liable for damages from mental anguish or emotional distress or for punitive damages, but may be liable for economic compensatory damages in a cause of action that does not involve serious physical injury.

(3) This section does not prohibit an award of punitive damages for wrongful death claims, but no other damages shall be allowed for such claims.

(Act 2021-4, §4.)

§ 6-5-794 Liability of Health Care Provider for Damages, Injury, or Death Under Certain Health Emergency Claims

(a) Absent wanton, reckless, willful, or intentional misconduct, a health care provider is not liable for any damages, injury, or death alleged to have been caused by an act or omission of the health care provider during the performance or provision of health care services or treatment that resulted from, was negatively affected by, was negatively impacted by a lack of resources caused by, or was done in response to the Coronavirus pandemic or the state’s response to the pandemic.

(b) If a court determines that the immunity afforded in this section does not apply to a health care provider, this section may not be construed to supersede, amend, or modify any other law, emergency proclamation, order, rule, or governing legal standards or procedures for health care providers relating to the performance or provision of health care services or treatment provided by the health care provider, including the Alabama Medical Liability Act of 1987 or the Medical Liability Act of 1996, or any amendment to or judicial interpretation thereof.

(c) In those instances where liability is established as required by subsection (a), and the acts or omissions do not result in serious physical injury, a health care provider’s liability shall be limited to actual economic compensatory damages, and in no event shall the health care provider be liable for noneconomic or punitive damages.

(Act 2021-4, §5.)

§ 6-5-795 Application of Article

Nothing in this article shall be construed to preempt, remove, displace, repeal, or limit in any way any immunity, defense, or right that exists under existing law that would be applicable to any covered entity in a cause of action filed on or after March 13, 2020. This section confirms that the immunity provided by this article is in addition to and cumulative of any other immunity, defense, and right that exists under law.

(Act 2021-4, §6.)

§ 6-5-796 Construction with Other Provisions

This article shall be construed in pari materia with the Emergency Management Act and with any emergency order or proclamation of the Governor relating to Coronavirus and immunity from civil lawsuits.

(Act 2021-4, §7.)

§ 6-5-797 Filing of Claims

A health emergency claim under Section 6-5-792 or a claim under Section 6-5-793 or 6-5-794 must be filed not later than two years after the date of the damages, injury, or death.

(Act 2021-4, §8.)

§ 6-5-798 Relation to Workers’ Compensation Act

This article does not affect the right of any person to receive or claim benefits otherwise available under the Workers’ Compensation Act.

(Act 2021-4, §9.)

§ 6-5-799 Termination of Immunity and Other Provisions of Article

The immunity and other provisions provided in this article shall terminate December 31, 2021, or one year after a declared health emergency relating to Coronavirus expires, whichever is later, except that any civil liability arising out of acts or omissions related to health emergency claims or claims under Section 6-5-794 where the act or omission occurred during the operation of this article shall be subject to the provisions of this article in perpetuity.

(Act 2021-4, §12.)

§ 6-5-800

Article 41 In Vitro Fertilization

§ 6-5-810 Liability for Damage to or Death of an Embryo When Providing or Receiving Services Related to in Vitro Fertilization

(a) Related to in vitro fertilization and notwithstanding any provision of law, including any cause of action provided in this chapter, no action, suit, or criminal prosecution for the damage to or death of an embryo shall be brought or maintained against any individual or entity when providing or receiving services related to in vitro fertilization.

(b) This section is intended to apply retroactively to any act, omission, or course of services which are not the subject of litigation on March 6, 2024.

(Act 2024-20, §1.)

§ 6-5-811 Compensatory Damages; Criminal Immunity Relating to in Vitro Fertilization

(a) Related to in vitro fertilization and notwithstanding any provision of law, including any cause of action provided in this chapter, for the damage to or death of an embryo brought against the manufacturer of goods used to facilitate the in vitro fertilization process or the transport of stored embryos, damages shall be limited to compensatory damages calculated as the price paid for the impacted in vitro cycle.

(b) Related to in vitro fertilization and notwithstanding any provision of law, no criminal prosecution may be brought for the damage to or death of an embryo against the manufacturer of goods used to facilitate the in vitro fertilization process or the transport of stored embryos.

(c) This section is remedial in nature and is intended to apply retroactively.

(Act 2024-20, §2.)

Article 42 Liability for Offenses Relating to Child Sexual Abuse Material

§ 6-5-840 Civil Liability for Certain Criminal Acts

(a) An individual who commits any of the following crimes is civilly liable to the individual depicted in the relevant image:

(1) Distributing a private image, pursuant to Section 13A-6-240.

(2) Dissemination, distribution, or public display of child sexual abuse material, pursuant to Section 13A-12-191.

(3) Advertising, promoting, presenting, or soliciting child sexual abuse material, pursuant to Section 13A-12-191.

(4) Possession of child sexual abuse material, pursuant to Section 13A-12-192.

(5) Possession with intent to distribute child sexual abuse material, pursuant to Section 13A-12-192.

(6) Permitting or allowing a child, ward, or dependent to engage in production of child sexual abuse material as a parent or guardian, pursuant to Section 13A-12-196.

(7) Production of child sexual abuse material, pursuant to Section 13A-12-197.

(b) No civil action may be brought pursuant to this section for actions taken to prevent, detect, protect against, report, or respond to the production, generation, incorporation, or synthesization through artificial intelligence of child sexual abuse material.

(Act 2024-98, §5.)

§ 6-5-841 Remedies

Civil liability pursuant to Section 6-5-840 shall consist of all of the following:

(1) The full actual damages incurred.

(2) Court costs and reasonable attorney fees.

(3) Punitive damages, if the plaintiff proves by clear and convincing evidence that the defendant consciously or deliberately engaged in wantonness or malice with regard to the plaintiff, as defined in Section 6-11-20.

(Act 2024-98, §6.)

Article 43 Sex Abuse Nondisclosure Agreements

§ 6-5-860 Legislative Findings

The Legislature finds and declares all of the following:

(1) Sexual abuse causes significant and lasting harm to individuals and society as a whole.

(2) Sexual abuse survivors often experience long-term physical, psychological, and emotional trauma.

(3) The State of Alabama has a compelling interest in preventing sexual abuse, supporting victims, and ensuring that the law does not shield perpetrators or impede public safety.

(4) Any agreement that prohibits an individual or entity from disclosing an act of sexual abuse or facts related to an act of sexual abuse is against the public policy of this state.

(5) This act is intended to protect survivors’ rights to speak freely and to maintain privacy and confidentiality regarding their identities, experiences, and trauma.

(Act 2026-63, §2.)

§ 6-5-861 Certain Non Disclosure Agreements Deemed Void and Unenforceable

(a) For the purposes of this section, the term “sexual abuse” means any conduct that would constitute a criminal violation of Articles 4, 4A, 4B, 6, 6A, 8, or 11 of Chapter 6 of Title 13A, or any of the offenses listed in Section 15-20A-5, regardless of whether the conduct has led to a criminal charge, conviction, adjudication, or sentence.

(b)(1) Any provision of a nondisclosure agreement, confidentiality agreement, employment agreement, settlement agreement, or any other type of agreement that prohibits an individual or entity from disclosing an act of sexual abuse or facts related to an act of sexual abuse to another individual or entity is void and unenforceable.

(2) This subsection shall apply to any agreement entered into, executed, or amended on or after October 1, 2026, and shall apply solely to elements of an agreement related to the act of sexual abuse and shall not apply to other aspects of an agreement, including, but not limited to, compensation.

(Act 2026-63, §3.)

Chapter 6 Remedies

Article 1 Settlement of Controversies

Division 1 Arbitration and Award

§ 6-6-1 Duty of Courts to Encourage Settlement of Pending Controversies

It is the duty of all courts to encourage the settlement of controversies pending before them by a reference thereof to arbitrators chosen by the parties or their attorneys and, on motion of the parties, must make such order and continue the case for award.

(Code 1852, §2709; Code 1867, §3148; Code 1876, §3536; Code 1886, §3221; Code 1896, §508; Code 1907, §2908; Code 1923, §6156; Code 1940, T. 7, §829.)

§ 6-6-2 Reference of Controversy When No Action Pending to Arbitrators

When no action is pending, the parties to any controversy may refer the determination thereof to the decision of arbitrators to be chosen by themselves, and the award made pursuant to the provisions of this division must be entered up as the judgment of the proper court if the award is not performed.

(Code 1852, §2710; Code 1867, §3149; Code 1876, §3537; Code 1886, §3222; Code 1896, §509; Code 1907, §2909; Code 1923, §6157; Code 1940, T. 7, §830.)

§ 6-6-3 Statement of Dispute; Naming of Arbitrators; Delivery of Submission with List of Witnesses

The parties must concisely state in writing, signed by them, the matter in dispute between them and that they desire to leave the determination thereof to certain persons, naming them as arbitrators; and such submission must be delivered to the arbitrators, or one of them, together with a list of the witnesses either party may desire to examine.

(Code 1852, §2711; Code 1867, §3150; Code 1876, §3538; Code 1886, §3223; Code 1896, §510; Code 1907, §2910; Code 1923, §6158; Code 1940, T. 7, §831.)

§ 6-6-4 Arbitrators - Duties Generally

It is the duty of the arbitrators to appoint a time and place for hearing the parties and making their award, of which they must give the parties three days’ notice; and if no cause is shown for a continuance, they must proceed to hear and determine the matters referred to them and make their award in writing, which must be signed by them and a copy thereof be delivered to each of the parties, their agents, or attorneys and the fact and date of such delivery endorsed on the original.

(Code 1852, §2712; Code 1867, §3151; Code 1876, §3539; Code 1886, §3224; Code 1896, §511; Code 1907, §2911; Code 1923, §6159; Code 1940, T. 7, §832.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

Division 2 Mandatory Mediation Prior to Trial

§ 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.)

Division 3 Mediator May Not Be Compelled to Testify or Provide Documents

§ 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.)

Division 4 Alabama Uniform Collaborative Law Act

§ 6-6-26 Short Title

This division may be cited as the Alabama Uniform Collaborative Law Act.

(Act 2013-355, p. 1267, §1.)

§ 6-6-26.01 Definitions

In this division:

(1) “Collaborative law communication” means a statement, whether oral or in a record, or verbal or nonverbal, that:

(A) is made to conduct, participate in, continue, or reconvene a collaborative law process; and

(B) occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded.

(2) “Collaborative law participation agreement” means an agreement by persons to participate in a collaborative law process.

(3) “Collaborative law process” means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:

(A) sign a collaborative law participation agreement; and

(B) are represented by collaborative lawyers.

(4) “Collaborative lawyer” means a lawyer who represents a party in a collaborative law process.

(5) “Collaborative matter” means a dispute, transaction, claim, problem, or issue for resolution, including a dispute, claim, or issue in a proceeding, which is described in a collaborative law participation agreement and arises under the family or domestic relations law of this state, including, but not limited to, the following:

(A) marriage, divorce, dissolution, annulment, and property distribution;

(B) child custody, visitation, and parenting time;

(C) alimony, maintenance, and child support;

(D) adoption and other probate court matters involving families and children;

(E) parentage; and

(F) premarital, marital, and post-marital agreements.

(6) “Law firm” means a lawyer or lawyers in a private firm, lawyers employed in the legal department of a corporation or other organization, and lawyers employed in a legal services organization.

(7) “Nonparty participant” means a person, other than a party and the party’s collaborative lawyer, that participates in a collaborative law process.

(8) “Party” means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.

(9) “Person” means an individual or entity including those acting in a fiduciary capacity, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

(10) “Proceeding” means:

(A) a judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and post-hearing motions, conferences, and discovery; or

(B) a legislative hearing or similar process.

(11) “Prospective party” means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.

(12) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(13) “Related to a collaborative matter” means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim, or issue as the collaborative matter.

(14) “Sign” means, with present intent to authenticate or adopt a record:

(A) to execute or adopt a tangible symbol; or

(B) to attach to or logically associate with the record an electronic symbol, sound, or process.

(15) “Tribunal” means:

(A) a court, arbitrator, administrative agency, or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party’s interests in a matter; or

(B) a legislative body conducting a hearing or similar process.

(Act 2013-355, p. 1267, §2.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 6-6-26.09 Low Income Parties

[Reserved]

(Act 2013-355, p. 1267, §10.)

§ 6-6-26.10 Governmental Entity as Party

[Reserved]

(Act 2013-355, p. 1267, §11.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 6-6-26.16 Privilege Against Disclosure for Collaborative Law Communication; Admissibility; Discovery

[Reserved]

(Act 2013-355, p. 1267, §17.)

§ 6-6-26.17 Waiver and Preclusion of Privilege

[Reserved]

(Act 2013-355, p. 1267, §18.)

§ 6-6-26.18 Limits of Privilege

[Reserved]

(Act 2013-355, p. 1267, §19.)

§ 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.)

§ 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.)

§ 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.)

Article 2 Attachment

Division 1 General Provisions

§ 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.)

Division 2 Issuance

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 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.)

Division 3 Execution

§ 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.)

§ 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.)

§ 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.)

§ 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.)

§ 6-6-74 Branch Writs

Branch writs of attachment may issue to any county of the state directed to any sheriff of the State of Alabama, to be executed as in Section 6-6-73.

(Code 1852, §2526; Code 1867, §2954; Code 1876, §3278; Code 1886, §2954; Code 1896, §545; Code 1907, §2945; Code 1923, §6193; Code 1940, T. 7, §866.)

§ 6-6-75 Alias Writs of Attachment or New Writs of Garnishment

Alias writs of attachment or new writs of garnishment may be issued without a renewal of the bond or affidavit in cases where no property, or an insufficient amount thereof to satisfy the plaintiff’s demand, has been found, or when, pending the action, the plaintiff wishes to garnish other persons.

(Code 1852, §2560; Code 1867, §2988; Code 1876, §3313; Code 1886, §2955; Code 1896, §546; Code 1907, §2946; Code 1923, §6194; Code 1940, T. 7, §867.)

§ 6-6-76 Creation of Lien

The levy of an attachment or service of a garnishment creates a lien in favor of the plaintiff.

(Code 1852, §2527; Code 1867, §2955; Code 1876, §3280; Code 1886, §2957; Code 1896, §548; Code 1907, §2948; Code 1923, §6196; Code 1940, T. 7, §869.)

§ 6-6-77 Sale of Property Levied on Where Perishable or Expensive to Keep

(a) If the property levied on is perishable or if the expense of keeping is great, it must be sold by order of the court, on motion of either party, and the proceeds of sale retained by the sheriff to await the decision of the case, unless the court otherwise directs.

(b) If the property levied on is of so perishable a nature that it will deteriorate greatly in value or be destroyed before the meeting of the court or if the charge of keeping it is very great, it is the duty of the sheriff, if not replevied, to sell it at public auction, returning a statement of the facts and the money to the court.

(Code 1852, §§2528, 2529; Code 1867, §§2956, 2957; Code 1876, §§3281, 3282; Code 1886, §§2958, 2959; Code 1896, §§549, 550; Code 1907, §§2949, 2950; Code 1923, §§6197, 6198; Code 1940, T. 7, §§870, 871.)

§ 6-6-78 Order for Receipt of Sale Proceeds by Plaintiff Pending Action Upon Executing Refunding Bond; Notice of and Hearing on Motion Therefor; Forfeiture of Bond; Payment to Defendant

(a) When property levied on under an attachment has been sold pending the action, on motion of the plaintiff, the judge of the court to which the attachment is returnable must, at any time after 30 days from the levy, make and cause to be entered upon the minutes of the court an order directing the officer having in his hands the proceeds of sale, after reserving an amount to be fixed in the order to cover the probable costs and charges in the case, to pay over to the plaintiff, or his attorney, the balance of such proceeds not exceeding the amount of the plaintiff’s demand, to be stated in the order, upon his giving bond in double the amount of the money to be paid over, payable to the defendant with sufficient surety to be approved by such officer and with condition that if he is cast in the action, he will pay into court the amount so paid over to him, with interest, or if he recovers in the action, and the recovery is for a sum less than the amount so paid over to him, he will pay into court the excess, with interest. Upon the execution of such bond, such officer shall pay over to the plaintiff, or his attorney, the proceeds of sale as directed in the order. Such order shall not, however, be made if, upon the hearing of the motion or at any time prior thereto, a claim to the property levied on is interposed by any person not a party to the action, or the defendant denies under oath the existence of the plaintiff’s demand. Notice of such motion and of the time and place of hearing the same must be served on the defendant, or his attorney, 10 days before the hearing thereof or, if the defendant resides out of the state and has no attorney resident of the county, such notice must be given by publication in some newspaper published in the county once a week for three successive weeks.

(b) The officer taking such bond shall forthwith return the same to the clerk of the court in which the action is pending, with his endorsement thereon, showing how he has executed such order and specifying the amount paid over to the plaintiff, or his attorney, thereunder, and the date of such payment; and, if the plaintiff does not recover in the action or if he recovers and his recovery is for a less sum than the amount paid him under such order, and he fails for 30 days after the date of the entry of the judgment to pay into court the money required by the condition of his bond to be paid, the clerk shall endorse the bond forfeited and issue execution thereon against the obligors for the amount so paid to the plaintiff, or his attorney, as shown by the endorsement of the officer taking the bond, with interest from the date of such payment, if the plaintiff did not recover in the action or, if the plaintiff recovered and his recovery was for a less sum than the amount so paid, for the difference between the amount recovered and the amount received by him, with interest from the date of payment. If the plaintiff complies with the condition of the bond by paying the money into court, the same must be paid to the defendant.

(Code 1876, §§3282, 3283; Code 1886, §§2960, 2961; Code 1896, §§551, 552; Code 1907, §§2951, 2952; Code 1923, §§6199, 6200; Code 1940, T. 7, §§872, 873.)

§ 6-6-79 Proceedings Against Sheriff and Sureties for Money Received in Sale of Perishables

The sheriff and his sureties, or either of them, may be proceeded against by motion, on one day’s notice, at the instance of the plaintiff or of the defendant if the plaintiff fails in the action for any money received for the sale of perishable property and judgment entered against him, or them, for the amount and five percent a month from the time of the demand.

(Code 1852, §2530; Code 1867, §2958; Code 1876, §3284; Code 1886, §2962; Code 1896, §553; Code 1907, §2953; Code 1923, §6201; Code 1940, T. 7, §874.)

§ 6-6-80 Indemnification of Sheriff by Plaintiff

When a doubt exists as to the title of the defendant to personal property which the sheriff is required to levy upon, he may demand indemnity from the plaintiff.

(Code 1852, §2532; Code 1867, §2959; Code 1876, §3285; Code 1886, §2963; Code 1896, §554; Code 1907, §2954; Code 1923, §6202; Code 1940, T. 7, §875.)

§ 6-6-81 Notice of Levy - Nonresident Defendant

When an attachment is sued out against a nonresident of the state, the writ shall be returned to the clerk of the court as soon as levied upon the property of the defendant, and thereupon the clerk shall cause a notice of the attachment and levy on the defendant’s property to be advertised once a week for three successive weeks in some newspaper of general circulation in the county in which the property is found, a copy of which must be sent by mail to the defendant if his residence is known or can be ascertained; and, when such publication is perfected, the case shall stand for trial at any time after the expiration of 30 days thereafter.

(Code 1852, §2510; Code 1867, §2934; Code 1876, §3259; Code 1886, §2936; Code 1896, §531; Code 1907, §2931; Code 1923, §6179; Code 1940, T. 7, §852.)

§ 6-6-82 Notice of Levy - Resident Defendants

Notice of the levy of the attachment shall be given in writing by the sheriff, or other person who makes such levy, to the defendant in person or notice thereof in writing left at his residence, if resident in the county and, if not resident in the county, but a resident of the state, then by posting up a written notice at the courthouse door and by sending a copy of the same by mail addressed to the defendant at the post office nearest his residence.

(Code 1876, §3260; Code 1886, §2937; Code 1896, §532; Code 1907, §2932; Code 1923, §6180; Code 1940, T. 7, §853.)

Division 4 Replevy of Property

§ 6-6-100 By Whom; Execution of Bond

The defendant in attachment or, in his absence, a stranger, may replevy the goods or chattels attached, or any part thereof, by executing bond, with sufficient sureties, payable to the plaintiff, in double the value of the property replevied, to be determined by the officer making the levy, with condition that if the defendant fails in the action, the principal in the bond or his sureties will return the specific property attached within 30 days after the judgment, which bond must be returned with the other papers of the case.

(Code 1852, §2536; Code 1867, §2964; Code 1876, §3289; Code 1886, §2964; Code 1896, §555; Code 1907, §2955; Code 1923, §6203; Code 1940, T. 7, §876.)

§ 6-6-101 Forfeiture of Bond; Execution on Bond

When the property replevied is not delivered in 30 days after judgment against the defendant in attachment, the sheriff shall return the bond forfeited, and execution must be issued thereon against the principal and sureties for the amount of the value of the property replevied, as fixed by the sheriff or other officer making the levy, with interest thereon from the date of the bond and for the cost of the replevy and of the execution, unless such value is greater than the amount of the judgment against the defendant, in which case the execution shall be for the amount of such judgment and costs.

(Code 1852, §2538; Code 1867, §2966; Code 1876, §3291; Code 1886, §2965; Code 1896, §556; Code 1907, §2956; Code 1923, §6204; Code 1940, T. 7, §877.)

§ 6-6-102 Tender of Value If Property Dead or Destroyed

If any of the property so replevied should die or be destroyed without fault or negligence on the part of the person in possession before the day for the delivery thereof, the obligors in the bond may tender the value to the plaintiff, his agent, or attorney; and, if such tender is refused, such obligors may obtain relief by a stay of execution.

(Code 1852, §2539; Code 1867, §2967; Code 1876, §3292; Code 1886, §2966; Code 1896, §557; Code 1907, §2957; Code 1923, §6205; Code 1940, T. 7, §878.)

Division 5 Ancillary Attachments

§ 6-6-120 In Aid of Pending Action

When an action has been commenced by the filing of a complaint, whether a summons has been executed or not, the plaintiff, his agent, or attorney may, at any time before judgment, sue out an attachment in aid of such action, upon making affidavit and giving bond, as is required in the issue of original attachments, and all proceedings on such attachments must be conducted as are proceedings on original attachments. Such attachment may be sued out in any case in which an original attachment may be sued out and may be issued by the officer having authority to issue original attachments.

(Code 1852, §§2566, 2567; Code 1867, §§2994, 2995; Code 1876, §§3319, 3320; Code 1886, §2967; Code 1896, §558; Code 1907, §2958; Code 1923, §6206; Code 1940, T. 7, §879.)

§ 6-6-121 When Defendants Evade Service of Process; Dismissal of Attachment

(a) When a summons has been returned “not found” as to all or any of the defendants, residents of the county, if the plaintiff, his agent or attorney makes an affidavit that the defendant has evaded the service of the process, the court must direct an attachment to issue, returnable within 30 days after the levy thereof, and the case must in all respects proceed as against such defendant as if originally commenced by attachment.

(b) The plaintiff may, notwithstanding such attachment, proceed to judgment against any of the defendants on whom process was served, but upon a judgment and satisfaction of the debt or claim, the attachment shall be dismissed at the costs of the plaintiff.

(Code 1852, §§2568, 2569; Code 1867, §§2996, 2997; Code 1876, §§3321, 3322; Code 1886, §§2969, 2970; Code 1896, §§559, 560; Code 1907, §§2959, 2960; Code 1923, §§6207, 6208; Code 1940, T. 7, §§880, 881.)

Division 6 Trial Proceedings

§ 6-6-140 Filing of Complaint in Actions Begun by Attachment - Time

If the demand is due at the time of suing out the attachment, the plaintiff must file his complaint within 15 days after the attachment is sued out. If the claim or demand is not due when the attachment is sued out, the plaintiff must file his complaint within 15 days after the claim or demand shall become due.

(Code 1852, §§2570, 2571; Code 1867, §§2998, 2999; Code 1876, §§3323, 3324; Code 1886, §2995; Code 1896, §561; Code 1907, §2961; Code 1923, §6209; Code 1940, T. 7, §882.)

§ 6-6-141 Filing of Complaint in Actions Begun by Attachment - Issuance and Service of Summons; Default Judgment

(a) Whenever a complaint is filed in an action begun by attachment, whether at the time of suing out the attachment or subsequently thereto, a summons shall issue upon the complaint in all respects, and with the same effect as if the action had been begun by complaint. The issuance and service of such a summons shall in no manner affect the levy or lien of the attachment or the enforcement thereof.

(b) If the defendant appears and pleads, the case proceeds as in actions commenced by complaint. If he fails to appear or, appearing, fails to plead within the time required by law, the plaintiff may take judgment by default, and the court may determine the amount of damages pursuant to the Alabama Rules of Civil Procedure, if necessary.

(Code 1852, §2572; Code 1867, §3000; Code 1876, §3325; Code 1886, §2996; Code 1896, §562; Code 1907, §§2962, 2963; Code 1923, §§6210, 6211; Code 1940, T. 7, §§883, 884.)

§ 6-6-142 Dismissal of Attachment

An attachment issued without affidavit and bond, as prescribed in Division 2 of this article, may be dismissed on motion of the defendant, filed within 30 days after service of summons on a complaint.

(Code 1852, §2561; Code 1867, §2989; Code 1876, §3314; Code 1886, §2997; Code 1896, §563; Code 1907, §2964; Code 1923, §6212; Code 1940, T. 7, §885.)

§ 6-6-143 Construction of Attachment Law; Amendments; Dismissal

The attachment law must be liberally construed to advance the manifest intent of the law; the plaintiff, before or during the trial, must be permitted to amend any defect of form or of substance in the affidavit, bond or attachment; and no attachment must be dismissed for any defect in the affidavit if the plaintiff, his agent, or attorney will make a sufficient affidavit or, for any defect in the bond or for want of a bond, if the plaintiff, his agent or attorney is willing to give or substitute a sufficient bond.

(Code 1852, §2562; Code 1867, §2990; Code 1876, §3315; Code 1886, §2998; Code 1896, §564; Code 1907, §2965; Code 1923, §6213; Code 1940, T. 7, §886.)

§ 6-6-144 Suspending Entry of Judgment - Against Executor or Administrator

No judgment can be entered against an executor or administrator upon his answer in attachment, or garnishment, until six months after the grant of letters testamentary or of administration.

(Code 1852, §2522; Code 1867, §2949; Code 1876, §3274; Code 1886, §3002; Code 1896, §569; Code 1907, §2970; Code 1923, §6218; Code 1940, T. 7, §891.)

§ 6-6-145 Suspending Entry of Judgment - Against Defendant While Claims, Etc., Settled

No judgment can be entered against the defendant in attachment when a claim has been interposed to try the right of property or when the answer of the garnishee is contested or a contest has arisen about the title to, or interest in, the debt or demand, money or effects garnished until these questions are settled, unless other property or effects of the defendant are attached or garnished about which no contest has arisen or unless personal service by summons and complaint is had on the defendant.

(Code 1852, §2558; Code 1867, §2986; Code 1876, §3311; Code 1886, §3000; Code 1896, §567; Code 1907, §2968; Code 1923, §6216; Code 1940, T. 7, §889.)

§ 6-6-146 Restoration of Property to Claimant at Plaintiff’s Cost

If the plaintiff does not obtain judgment against the defendant in attachment, all property condemned, when a claim for the trial of the right of property has been interposed, must be restored to the claimant at the cost of the plaintiff.

(Code 1852, §2559; Code 1867, §2987; Code 1876, §3312; Code 1886, §3001; Code 1896, §568; Code 1907, §2969; Code 1923, §6217; Code 1940, T. 7, §890.)

§ 6-6-147 Execution Upon Judgment by Plaintiff

If the judgment of the plaintiff is not satisfied by the property attached or by the garnishee, execution must issue thereon, which may be levied on and satisfied by any property of the defendant; and the plaintiff may proceed to a sale of the property attached by a writ of execution.

(Code 1852, §2773; Code 1867, §3001; Code 1876, §3326; Code 1886, §3003; Code 1896, §570; Code 1907, §2971; Code 1923, §6219; Code 1940, T. 7, §892.)

§ 6-6-148 Action by Defendant - on Attachment Bond for Damages

At any time within three years of the suing out of the attachment, before or after the action is determined, the defendant in attachment may commence an action on the attachment bond and may recover such damages as he has actually sustained if the attachment was wrongfully sued out and, if sued out maliciously as well as wrongfully, the jury may, in addition, give vindictive damages.

(Code 1852, §§2564, 2565; Code 1867, §§2992, 2993; Code 1876, §§3317, 3318; Code 1886, §2999; Code 1896, §565; Code 1907, §2966; Code 1923, §6214; Code 1940, T. 7, §887.)

§ 6-6-149 Action by Defendant - Venue for Actions on Injunction Bond or Attachment Bond in Cases of Injunction or Bankruptcy

The defendant in any action commenced by attachment, in any action in which an injunction against him is issued, or in any proceeding against him as a bankrupt, may commence an action on the attachment bond or injunction bond, as the case may be, against the plaintiffs as for malicious prosecution, and upon the bond of the petitioning creditors, against the petitioning creditors as for a malicious prosecution, in the county where the writ is levied; and in case of bankruptcy, in the county where the goods, property, and effects were seized and located; or such actions may be commenced in the county where the plaintiff in attachment resides or any of the sureties reside; and, in cases of bankruptcy, where the petitioning creditors or anyone of them reside; and, in the cases of injunction, where the plaintiff or any surety on his bond resides.

(Code 1896, §566; Code 1907, §2967; Acts 1915, No. 763, p. 880; Code 1923, §6215; Code 1940, T. 7, §888.)

Article 3 Trial of Right of Property

§ 6-6-160 Claim of Persons Not Party to Writ of Execution or Attachment, Etc., to Personal Property Levied On; Affidavit and Bond; Delivery of Property to Claimant

When an execution, attachment or other like writ, issued from any court or by any officer, is levied on personal property as to which any person not a party to the writ claims to own the title, legal, or equitable, or a lien paramount to the right, title, or interest in the property of the defendant in the writ, such person may try the right to such property before a sale thereof upon making affidavit by himself, his agent, or attorney, which may be taken by the officer levying the writ or any officer authorized to administer oaths that he holds such title to, or such lien upon, the property claimed and executing bond with two good and sufficient sureties, to be approved by the officer making the levy and payable to the plaintiff in double the value of the property levied on and claimed, the value thereof to be determined by the officer making the levy, but in no case to be more than double the amount of the writ levied, with condition to have the property forthcoming for the satisfaction of the judgment or claim of the plaintiff if it shall be found liable therefor and also for the payment of such costs and damages as may be recovered for interposing the claim for delay, whereupon the property levied upon must be delivered into the possession of the claimant.

(Code 1852, §§2537, 2587, 2833; Code 1867, §§2695, 3016, 3279; Code 1876, §§3290, 3341, 3676; Code 1886, §§3004, 3012, 3014, 3365; Code 1896, §4141; Code 1907, §6039; Code 1923, §10375; Acts 1935, No. 418, p. 891; Code 1940, T. 7, §1168.)

§ 6-6-161 Return of Writ, Bond and Affidavit; Issue Made Up; Burden of Proof

The officer making the levy must, except as otherwise provided in Sections 6-6-165 and 6-6-166, return the writ, affidavit and bond to court to which it is returnable, when an issue must be made up between the plaintiff in the writ and the claimant, in which the former must allege that the property claimed is the property of the defendant in the writ and is liable to its satisfaction. On the trial of such issue, the burden of proof is on the plaintiff.

(Code 1852, §§2588, 2834; Code 1867, §§3017, 3280; Code 1876, §§3342, 3677; Code 1886, §§3005, 3366; Code 1896, §4142; Code 1907, §6040; Code 1923, §10376; Code 1940, T. 7, §1169.)

§ 6-6-162 Assessment of Property Value and Damages for Delay

If the jury or judge finds the property levied on to be liable to the satisfaction of the writ, he or they must, as far as practicable, assess the value at the time of the interposition of the claim of each article separately; and if it is a case in which execution has been levied and it is shown on the trial that the claim was interposed for delay, he or they must also assess such damages as the plaintiff may be entitled to, not more than 15 percent on the amount of the execution.

(Code 1852, §§2589, 2837; Code 1867, §§3018, 3283; Code 1876, §§3343, 3680; Code 1886, §§3007, 3367; Code 1896, §4143; Code 1907, §6041; Code 1923, §10377; Code 1940, T. 7, §1170.)

§ 6-6-163 Forfeiture of Claimant’s Bond; Execution for Amount of Judgment, Damages, and Costs

If judgment is entered against the claimant and he fails to deliver the property to the officer making the levy and pay the costs of the trial of the right of property within 30 days, such officer must endorse the bond forfeited; and thereupon, if the property was levied on under execution or, if levied on under attachment, after judgment in favor of the plaintiff against the defendant in attachment, the clerk must issue execution against the obligors on the bond for the amount of the plaintiff’s judgment, for the damages, if any were assessed, and the costs of the amount of such assessed value, if that is not greater than the amount of the judgment and for the damages, if any were assessed, and the costs of the trial of the right of property. And in the event the claimant delivers the property, but fails to pay damages and costs within 30 days, execution must issue for such damages and costs only.

(Code 1852, §§2538, 2590; Code 1867, §§2966, 3019; Code 1876, §§3291, 3344; Code 1886, §§3008, 3013, 3368; Code 1896, §4144; Code 1907, §6042; Code 1923, §10378; Code 1940, T. 7, §1171.)

§ 6-6-164 Claims Based on Mortgage or Lien; Ascertainment of Amount; Payment by Plaintiff; Sale of Property and Application of Proceeds

When the claim interposed is based on a mortgage or lien, the claimant must state in his affidavit the nature of the right which he claims; and, in case such claim is sustained on the trial, the amount of it, whether then due or not, with interest to the date of the trial, must be ascertained by the jury or judge, as the case may be. The plaintiff may, within 10 days from date of said ascertainment, pay to the mortgagee or his assignee or to the lien holder the amount ascertained to be due; and in such case the property shall be sold as well for the payment of the debt secured by the mortgage or the lien, as ascertained, as for the satisfaction of the plaintiff’s judgment, the proceeds of the sale to be applied first, after payment of the costs, to reimburse the plaintiff the amount so paid by him to such mortgagee or lien holder, and the claim or affidavit may be amended as provided by Section 6-6-143.

(Code 1852, §2595; Code 1867, §3024; Code 1876, §3349; Code 1886, §3017; Code 1896, §4145; Code 1907, §6043; Code 1923, §10379; Code 1940, T. 7, §1172.)

§ 6-6-165 Return - Where Execution Issued from Probate Court; Trial in Circuit Court; Return of Execution on Forfeited Bond

(a) If the levy was made under execution issued from the probate court, the sheriff must return the original execution to the court from which it issued with an endorsement thereon showing the interposition of the claim, and he must return a copy of the execution and of the returns thereon, the affidavit and the bond to the circuit court of his county, where, after 30 days, the trial of the right of property must be had according to the provisions of this article.

(b) If, in the case provided for in subsection (a) of this section, the bond is forfeited, the execution on the forfeited bond must be made returnable to the court from which the original process issued, of which and of the time of its receipt by the sheriff the clerk must give the judge of probate written notice, which shall be presumptive evidence of the fact against the sheriff.

(Code 1852, §§667, 678; Code 1867, §§799, 800; Code 1876, §§705, 706; Code 1886, §§3006, 3009; Code 1896, §§4146, 4147; Code 1907, §§6044, 6045; Code 1923, §§10380, 10381; Code 1940, T. 7, §§1173, 1174.)

§ 6-6-166 Return - Where Levy Made in Different County Than Where Judgment Entered or Original Attachment Issued; Trial in Circuit Court; Effect of Copies; Forfeiture of Bond

(a) When the levy is made in a different county from that in which the judgment was entered or the original attachment issued, if a claim is interposed to the property, it is the duty of the officer levying the writ to return the original to the court from which it issued, with a statement thereon showing the interposition of the claim and true copies of the affidavit and bond, certified by him; and he must return the original affidavit and bond and a true copy of the writ under which the levy was made, certified by him, to the circuit court of his own county, where, after 30 days, the trial of the right of property must be had. The copies thus required to be made, certified as provided in this section, must be received in lieu of and have, in all respects, the same effect as the originals.

(b) If, in the case provided for in subsection (a) of this section, the property levied on is found liable to the satisfaction of the writ and is not delivered up to the sheriff of the county in which the trial of the right of property was had within 20 days thereafter, he must endorse the bond forfeited; and thereupon the clerk must issue execution as in other cases of the trial of the right of property, except that he must make the same returnable to the court from which the original writ issued, of which and of the time of its receipt by the sheriff he must give the proper officer of such court written notice, which shall be presumptive evidence of the fact against the sheriff, and he must also issue a separate execution for the costs of his own court.

(Code 1852, §§2591, 2592; Code 1867, §§3020, 3021; Code 1876, §§3345, 3346; Code 1886, §§3010, 3011; Code 1896, §§4148, 4149; Code 1907, §§6046, 6047; Code 1923, §§10382, 10383; Code 1940, T. 7, §§1175, 1176.)

§ 6-6-167 Levy on Other Property by Plaintiff Not Precluded

The interposition of a claim for the trial of the right of property shall not prevent the plaintiff from levying on other property of the defendant in the process.

(Code 1852, §2593; Code 1867, §3022; Code 1876, §3347; Code 1886, §3015; Code 1896, §4150; Code 1907, §6084; Code 1923, §10384; Code 1940, T. 7, §1177.)

§ 6-6-168 Release of Sheriff from Damages for Seizure

A claim interposed for the trial of the right of property is a release by the claimant in favor of the sheriff from all damages for seizing the property levied on.

(Code 1852, §2594; Code 1867, §3023; Code 1876, §3348; Code 1886, §3016; Code 1896, §4151; Code 1907, §6049; Code 1923, §10385; Code 1940, T. 7, §1178.)

Article 4 Creditors’ Actions

Division 1 General Provisions

§ 6-6-181 Complaint to Compel Discovery, Etc., of Property - Intent to Hinder, Delay, or Defraud Creditors; Charge of Fraud to Be Answered; Use of Answer as Evidence on Fraud Indictment

(a) A complaint for discovery may be filed and the defendant compelled to answer such complaint when the defendant is charged with having confessed or suffered a judgment, where no portion or a part only of such judgment is due, with the intent to hinder, delay, or defraud creditors or with having conveyed his property with the like intent.

(b) A defendant may be compelled to answer a complaint in the circuit court charging him with any fraud affecting the rights or property of others.

(c) No answer made to a complaint under the provisions of subsections (a) and (b) of this section can be read in evidence against the defendant on an indictment for any fraud charged in the complaint.

(Code 1852, §§2988-2990; Code 1867, §§3443-3445; Code 1876, §§3883-3885; Code 1886, §§3541-3543; Code 1896, §§815-817; Code 1907, §§3736-3738; Code 1923, §§7339-7341; Code 1940, T. 7, §§894-896.)

§ 6-6-180 Complaint to Compel Discovery, Etc., of Property - Execution for Money Not Satisfied

When an execution for money from any court has been issued against a defendant and is not satisfied, the plaintiff, or the person for whose benefit such execution is sued out, may file a complaint against such defendant to compel the discovery of any property belonging to him, or held in trust for him, and to prevent the transfer, payment or delivery thereof to such defendant, except when the trust has been created by, or proceeded from, some other person than the defendant himself; and the court may bring any other party before it and adjudge such property, or the interest of the defendant therein, to the satisfaction of the sum due the plaintiff.

(Code 1852, §2987; Code 1867, §3442; Code 1876, §3882; Code 1886, §3540; Code 1896, §814; Code 1907, §3735; Code 1923, §7338; Code 1940, T. 7, §893.)

§ 6-6-182 Complaint to Compel Discovery, Etc., of Property - Creditor Without Lien

A creditor without a lien may file a complaint to discover, or to subject to the payment of his debt, any property which has been fraudulently transferred or conveyed or attempted to be fraudulently transferred or conveyed by his debtor.

(Code 1867, §3446; Code 1876, §3886; Code 1886, §3544; Code 1896, §818; Code 1907, §3739; Code 1923, §7342; Code 1940, T. 7, §897.)

§ 6-6-183 Complaint for Discovery of Assets - Execution Returned “No Property Found” or Creditor Without Lien or Judgment; Answer of Debtor

A creditor, having obtained a judgment upon which execution has issued and been returned “no property found” or a creditor without a lien or judgment may, in a court of competent jurisdiction of the county in which the judgment debtor resides or in a like court of the county in which the judgment was entered, file a complaint for the discovery of the assets of the debtor subject to the payment of debts; and the debtor must answer on oath and disclose all property, real or personal, in which he may have or may claim an interest, legal or equitable; all moneys, effects, or choses in action in which he may have or may claim an interest, legal or equitable; where such property, real or personal, is situated or may be found; who has or may claim possession thereof; in whose possession are the moneys, effects, or choses in action in which he has or may claim an interest, legal or equitable and where such moneys, effects, or choses in action may be found.

(Code 1876, §3887; Code 1886, §3545; Code 1896, §819; Code 1907, §3740; Code 1923, §7343; Code 1940, T. 7, §898.)

§ 6-6-184 Complaint for Discovery of Assets - Joinder of Judgment Creditors, Creditors Without Liens, or Judgments and Assignees of Judgments

Any number of judgment creditors upon whose judgments executions have issued and been returned “no property found” or creditors without liens or judgments may join as plaintiffs in such complaint. The assignee of a judgment or the several assignees of several judgments may maintain such complaint. It is no objection to such complaint that judgment creditors, creditors without liens, or judgments and the assignees of judgments, or any two or more of them, are joined as plaintiffs therein.

(Code 1886, §3546; Code 1896, §820; Code 1907, §3771; Code 1923, §7344; Code 1940, T. 7, §899.)

§ 6-6-185 Complaint for Discovery of Assets - Orders or Judgments; Appointment of Receiver

If, from the answer, it appears that the defendant has property, real and personal, or an interest in property, real or personal, subject to the payment of debts, or has money, effects, or choses in action or an interest in moneys, effects, or choses in action subject to the payment of debts, whether such property, money, effects, or choses in action are within or without the state, the court must make all such orders or judgments as may be necessary and proper to reach and subject such property, moneys, effects, or choses in action and, for that purpose, may appoint a receiver with authority to demand, commence an action for and recover or otherwise to reduce to possession such property, moneys, effects, or choses in action and may require the debtor to make to such receiver all conveyances, assignments, or transfers which may be necessary and proper to enable him to receive or to commence an action for and recover such property.

(Code 1876, §3888; Code 1886, §3547; Code 1896, §821; Code 1907, §3742; Code 1923, §7345; Code 1940, T. 7, §900.)

§ 6-6-186 Examination of Debtor as to His Property, Etc

(a) After answer filed on the application of the plaintiff showing a necessity therefor, which application must be verified by oath, the judge may order an examination of the debtor before the register or clerk or before an examiner specially appointed, touching and concerning his property, real or personal, moneys, effects, and choses in action; and it is the duty of the debtor to attend at the time and place to which he may be summoned by the register, clerk, or examiner and submit to such examination.

(b) The provisions of this section apply to any complaint filed under this article.

(Code 1876, §3887; Code 1886, §3548; Code 1896, §822; Code 1907, §3743; Code 1923, §7346; Code 1940, T. 7, §901.)

§ 6-6-187 Subjecting Unpaid Subscriptions to Satisfy Payment of Judgment Against Corporation

A judgment creditor of a corporation, having an execution returned, “no property found,” may, by complaint in a court of competent jurisdiction, subject to the payment of his judgment the unpaid subscription of one or more stockholders in such corporation without joining the other stockholders and without regard to whether the corporation has called for such subscription or could commence an action therefor against the stockholder.

(Code 1896, §823; Code 1907, §3744; Code 1923, §7347; Code 1940, T. 7, §902.)

Division 2 Discovery of Assets

§ 6-6-200 Statement of Assets - Notice to Debtor to File; Contents

After the return of an execution issued by any court in this state upon a judgment against any person or persons residing in this state, against a firm doing business in this state when a member or members thereof reside in this state or against a corporation doing business in this state with the endorsement upon such execution of “no property found,” upon the written request of the judgment creditor filed with the clerk or register, such clerk or register of such court shall issue a notice to the person, firm, or corporation against whom such execution shall have been so returned, requiring such person, persons, member or members of such firm or corporation, through a duly authorized agent, to file in such court within 30 days from the service of such notice a statement in writing, under oath, of all of the assets of such person, firm, or corporation, including money, choses in action, notes, bonds, and accounts and all other property, real, personal or mixed, or any interest therein, with a detailed description of the same, the location and reasonable value of each item thereof, together with a detailed list or statement of any and all liens, mortgages, or encumbrances thereon, showing the amounts due upon each and the owner or holder of such liens, encumbrances, or mortgages.

(Acts 1915, No. 813, p. 927; Code 1923, §7348; Code 1940, T. 7, §903.)

§ 6-6-201 Statement of Assets - Order to Appear Before Court for Oral Examination; Production of Papers, Etc

After the filing in court of such statement and such judgment remaining unsatisfied, upon the filing in said court by the judgment creditor or the attorney of record for such judgment creditor of an affidavit stating that such statement to the best of affiant’s knowledge, information, and belief does not contain a full, true, and correct statement and description, of such assets as required in this division, the court shall make an order requiring such judgment debtor or debtors, when the judgment is against a person or firm, or the agent or agents of such debtor corporations to appear before such court on a day to be set by the court, not less than 10 days’ notice of which order shall be served upon such judgment debtor, to submit to an oral examination, under oath, touching the nature, location, description, and value of such assets and, to this end, may require the production by such judgment creditor of any and all papers, documents, or books which may contain material evidence of such assets.

(Acts 1915, No. 813, p. 927; Code 1923, §7349; Code 1940, T. 7, §904.)

§ 6-6-202 Statement of Assets - Refusal to File or Submit to Oral Examination

The willful refusal to file such statement as provided for in this division or to appear and submit to such oral examination shall constitute a contempt of court, and the person so adjudged by the court to be guilty of such contempt may be punished within the discretion of the court as now provided by law in cases of contempt of court.

(Acts 1915, No. 813, p. 927; Code 1923, §7350; Code 1940, T. 7, §905.)

§ 6-6-203 Taxation of Costs

The costs of the proceeding provided for in this division shall be taxed as other costs in the case, but the court may, within its discretion, tax the same against either party or apportion the same among such parties.

(Acts 1915, No. 813, p. 927; Code 1923, §7351; Code 1940, T. 7, §906.)

§ 6-6-204 Remedy Deemed Cumulative

The remedy provided in this division shall be held and construed to be in addition to any existing remedy or process now or hereafter provided by law in such cases for the discovery of assets or the enforcement of collection of judgment.

(Acts 1915, No. 813, p. 927; Code 1923, §7352; Code 1940, T. 7, §907.)

Article 5 Declaratory Judgments

§ 6-6-220 “Person” Defined

The word “person,” wherever used in this article, shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal or other corporation of any character whatsoever.

(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §168.)

§ 6-6-221 Purpose, Construction, and Administration of Article

This article is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respects to rights, status, and other legal relations and is to be liberally construed and administered. This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments.

(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §167; Acts 1947, No. 604, p. 444.)

§ 6-6-222 Power of Courts of Record; Form and Effect of Declarations

Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment is requested. The declaration may be either affirmative or negative in form and effect, and such declarations shall have the force and effect of a final judgment.

(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §156.)

§ 6-6-223 Construction or Validity of Instruments, Statutes, Ordinances, Contracts, or Franchises

Any person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder.

(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §157.)

§ 6-6-224 Construction of Contracts Before or After Breach

A contract may be construed either before or after there has been a breach thereof.

(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §158.)

§ 6-6-225 Questions on Administration of Trust or Estate of a Decedent, Etc

Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, infant, incompetent, or insolvent may have a declaration of rights or legal relations in respect thereto:

(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or other;

(2) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or

(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.

(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §159.)

§ 6-6-226 Enumeration in Sections 6-6-223, 6-6-224, and 6-6-225 Not Exclusive

The enumeration in Sections 6-6-223, 6-6-224, and 6-6-225 does not limit or restrict the exercise of the general powers conferred in Section 6-6-222 in any proceeding where declaratory relief is sought in which a judgment will terminate the controversy or remove an uncertainty.

(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §160.)

§ 6-6-227 Persons to Be Made Parties; Rights of Persons Not Parties

All persons shall be made parties who have, or claim, any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance, or franchise, such municipality shall be made a party and shall be entitled to be heard; and if the statute, ordinance, or franchise is alleged to be unconstitutional, the Attorney General of the state shall also be served with a copy of the proceeding and be entitled to be heard.

(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §166.)

§ 6-6-228 Determination of Issue of Fact

When a proceeding under this article involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §164.)

§ 6-6-229 When Refusal Proper

The court may refuse to enter a declaratory judgment where such judgment, if entered, would not terminate the uncertainty or controversy giving rise to the proceeding.

(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §161.)

§ 6-6-230 Granting of Further Relief; Application Therefor; Order to Show Cause

Further relief based on a declaratory judgment may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application is deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment to show cause why further relief should not be granted forthwith.

(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §163.)

§ 6-6-231 Awarding of Costs

In any proceeding under this article, the court may make such award of costs as may seem equitable and just.

(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §165.)

§ 6-6-232 Review of Orders and Judgments

All orders and judgments under this article may be reviewed as other orders and judgments.

(Acts 1935, No. 355, p. 777; Code 1940, T. 7, §162.)

Article 6 Detinue

§ 6-6-250 Duty of Clerk to Require Taking of Property by Sheriff Unless Defendant Gives Bond; Disposition of Property on Failure to Give Bond

(a) When an action is commenced for the recovery of personal chattels in specie, if the plaintiff, his agent, or attorney makes affidavit that the property sued for belongs to the plaintiff and executes a bond in such sum and with such surety as may be approved by the clerk, with condition that if the plaintiff fails in the action, he will pay the defendant all such costs and damages as he may sustain by the wrongful complaint, it is the duty of the clerk to endorse on the summons that the sheriff is required to take the property mentioned in the complaint into his possession unless the defendant gives bond payable to the plaintiff, with sufficient surety, in double the value of the property, with condition that if the defendant fails in the action he will, within 30 days thereafter, deliver the property to the plaintiff and pay all costs and damages which may accrue from the detention thereof.

(b) If the defendant neglects for five days to give such bond, the property sued for must be delivered to the plaintiff on his giving bond, with sufficient surety, in double the value of the property, payable to the defendant, with condition to deliver the property to the defendant within 30 days after judgment in case he fails in the action and to pay all damages for the detention of the property and costs of the action. If the plaintiff fails to give such bond for five days after the expiration of the time allowed the defendant, the property must be returned to the defendant.

(Code 1852, §§2192, 2193; Code 1867, §§2593, 2594; Code 1876, §§2942, 2943; Code 1886, §§2717, 2718; Code 1896, §§1474, 1475; Code 1907, §§3778, 3780; Code 1923, §§7389, 7391; Code 1940, T. 7, §§918, 920.)

§ 6-6-251 Service of Process in Action for Recovery of Household Furniture and Equipment; Effect Thereof

When a detinue action is commenced under the provisions of this article for the recovery of household furniture and equipment and the plaintiff, his agent, or attorney has made an affidavit that the property sued for belongs to the plaintiff and that the plaintiff is entitled to the immediate possession of said property by reason of a default in the payment of the purchase price under a lease sale contract and has executed a bond as required by Section 6-6-250, the sheriff, or other officer authorized to serve process, may serve the summons and complaint by leaving a copy thereof at the place where the household furniture or equipment sued for is seized and taken from the premises by the officer serving the process; and such service shall constitute sufficient service thereof on the defendant for the purpose of obtaining a judgment against the defendant for the property sued for and seized, but not for the costs of court nor any other personal judgment.

(Acts 1951, No. 979, p. 1653, §1.)

§ 6-6-252 Intervention by Claimant of Property; Disposition of Property

When an action is commenced for the recovery of personal property in specie under the provisions of subsection (a) of Section 6-6-250, any person claiming an interest in the property may intervene as a matter of right. Within five days after entry of the order authorizing intervention, the intervenor may make affidavit that the property sued for belongs to him and give bond in favor of the party then entitled to possession of the property pending an action, or, if neither party is then entitled to possession of the property pending an action and the property is in the custody of the sheriff, in favor of the party from whom the property was taken, the bond to be in the amount and upon the terms provided in subsection (b) of Section 6-6-250, whereupon the sheriff must deliver the property to the claimant unless, within five days after the sheriff seizes the property for delivery to the claimant, the party to whom the intervenor gave bond gives a similar bond in favor of the intervenor, in which case the property shall be returned to him. The other provisions of this article shall be applicable to intervenors as far as appropriate.

(Code 1896, §1484; Code 1907, §3792; Code 1923, §7403; Code 1940, T. 7, §932.)

§ 6-6-253 Interpleader by Defendant of Adverse Claimant of Property; Force and Effect of Bonds Given

(a) If the defendant in a detinue action interpleads a claimant of the property and the defendant is discharged as provided in the Alabama Rules of Civil Procedure and if the defendant has retained possession of the chattels, giving bond, the court may order the chattels to be delivered to such claimant on his giving bond with sufficient surety, to be approved by the clerk, payable to the plaintiff in the penalty of the bond of the defendant with condition that if he is not successful in the action he will, within 20 days thereafter, deliver the chattels and pay all such damages as may be assessed for the detention thereof and all costs adjudged against him. If such person refuses or neglects to give such bond for three days after service of his first pleading or motion in the action, the chattels must be delivered to the plaintiff on his giving bond with sufficient surety, to be approved by the clerk, payable to such claimant in the penalty of the bond of the defendant and with like condition. On the execution and approval of either bond, the bond of the defendant is discharged and must be cancelled.

(b) The bonds taken under this section, on breach of the condition thereof and on return of the sheriff as in the case of bonds taken from plaintiff or defendant in other actions for the recovery of chattels in specie, have the force and effect of judgments on which execution or other process may issue against all, or any, of the obligors. If such person, on notice, does not come in and defend, the judgment entered in the action bars him from commencing any action against the plaintiff or defendant for the chattels or the taking, conversion or detention thereof. If the plaintiff fails to give bond as provided in this section, the chattels must be delivered to the defendant.

(Code 1886, §2611; Code 1896, §2634; Code 1907, §6051; Code 1923, §10387; Code 1940, T. 7, §933.)

§ 6-6-254 Return of Bonds; Liability of Sheriff for Failing to Do So; Compelling Making of Return

All bonds taken under this article must be returned within 10 days thereafter to the clerk of the court in which the action is pending, and, on failure, the sheriff is liable to the successful party to the amount of the value of the property and damages for its detention as assessed by the jury, with interest thereon from the entry of the judgment, to be recovered on motion to the court in which such judgment was entered on three days’ notice, or the sheriff may, at any time, be compelled by attachment to make such return.

(Code 1852, §2196; Code 1867, §2597; Code 1876, §2946; Code 1886, §2722; Code 1896, §1481; Code 1907, §3787; Code 1923, §7398; Code 1940, T. 7, §927.)

§ 6-6-255 Proceedings When Officer Fails to Find and Take Property

If the officer fails to find and take the goods and chattels, he may summon the defendant to appear as in other cases, and the plaintiff may then declare and prosecute the action alone for the recovery of the value of the property and damages for the taking and detention of the property as if he had thus commenced his action by a complaint.

(Code 1907, §3779; Code 1923, §7390; Code 1940, T. 7, §919.)

§ 6-6-256 Assessment of Value and Damages and Judgment - Trial of Action

Upon the trial the jury must, if it finds for the plaintiff, assess the value of each article separately, if practicable, and also assess damages for its detention. If it finds for the defendant, it must, in like manner, assess the value and, if in the possession of the plaintiff, assess damages for its detention. Judgment against either party must be for the property sued for, or its alternate value, with damages for its detention to the time of trial.

(Code 1852, §2194; Code 1867, §2595; Code 1876, §2944; Code 1886, §2719; Code 1896, §1476; Code 1907, §3781; Code 1923, §7392; Code 1940, T. 7, §921.)

§ 6-6-257 Assessment of Value and Damages and Judgment - Dismissal of Action

When the property sued for is in the possession of the plaintiff and the action is dismissed, the court shall cause a jury to assess the alternate value of the property and also the value of the hire or use thereof during the time it was in the possession of the plaintiff and shall enter judgment for the defendant for the recovery of the property, or its alternate value, and damages for the use or hire thereof.

(Code 1896, §1482; Code 1907, §3788; Code 1923, §7399; Code 1940, T. 7, §928.)

§ 6-6-258 Assessment of Value and Damages and Judgment - Failure of Defendant to Appear and Plead

Upon the defendant’s failure to appear and plead in such case, within the time provided by law, the plaintiff may take judgment against the defendant for the property sued for; and, upon proof that defendant was in possession of the property sued for at the time of the service of the writ or at the commencement of the action, the plaintiff may also recover of the defendant the costs in the case and the value of the use of the property while in the possession of such defendant and may also have the jury to assess the value of the property sued for and have judgment thereon for the alternate value thereof as is now provided by law.

(Acts 1911, No. 53, p. 33; Code 1923, §7406; Code 1940, T. 7, §936.)

§ 6-6-259 Actions by Mortgagees or Vendor in Conditional Sale Contract, Etc., Against Mortgagors or Vendees, Etc

(a) If the action is by a mortgagee or his assignee against a mortgagor, or one holding under him, or by a vendor who has made a conditional sale reserving the title until the entire purchase money shall be paid, or his assignee, against his vendee or one holding under him, the defendant may, upon suggestion, require that the jury ascertain the amount of the mortgage debt or the unpaid balance of the purchase price of the article sold; and if the debt due is ascertained to be less than the value of the property sued for as assessed by the jury, judgment must be entered for the property sued for or if that is not to be had, then for the amount of the debt as ascertained by the jury. The court must also make an order that, if the debt so ascertained, interest and costs, shall be paid within 30 days, no execution or other process shall issue on the judgment; and on payment thereof to the plaintiff or to the clerk for his use, the clerk must, on the face of the record of the judgment, endorse the fact of such payment, and thereafter the plaintiff shall be deemed the unsuccessful party within the meaning of Section 6-6-262.

(b) When the action is by a mortgagee or by a vendor in a contract of conditional sale, or their assignee, against the mortgagor or the vendee, or one holding under them, and suggestion is made as provided in subsection (a) of this section, if the amount of the debt is ascertained to be less than the value of the property sued for and the defendant has given bond and taken the property into his possession and fails for 30 days after the judgment to deliver the property or pay the amount found to be due to the sheriff, execution may issue against the obligors in the bond for the amount of the debt assessed and the costs in like manner as provided in Section 6-6-262.

(c) In any action under the provisions of this article commenced by a mortgagee or by a vendor in a contract of conditional sale, or by their assignee claiming title under such mortgagee or vendor in a contract of conditional sale, in addition to any defenses appropriate to the action of detinue, the defendant may plead any matter of defense, including usury, that he might have pleaded if the action had been on the debt, except the statute of limitations.

(Code 1886, §2720; Code 1896, §§1477, 1478, 1480; Code 1907, §§3789-3791; Code 1923, §§7400-7402; Code 1940, T. 7, §§929-931.)

§ 6-6-260 Recovery of Attorney’s Fee by Person Claiming to Be Owner of Lost or Stolen Property

Any person claiming to be the owner of lost or stolen property found in the possession of another may, if such person continues to withhold such property five days after demand made therefor and after reasonable proof of his ownership has been made to such holder, commence an action for and recover in an action in detinue, filed against the person withholding said property, a reasonable attorney’s fee for the services of his attorney in such action if such claimant prevails therein, upon proof of the reasonable value of such services, which attorney’s fee shall be included in the judgment entered in the action and which shall be in addition to any other damages recoverable in such cases.

(Acts 1951, No. 771, p. 1340.)

§ 6-6-261 Execution Upon Judgment

If the party in whose favor the judgment is given is in possession of the property in controversy, he shall retain it or, if the property is in possession of the officer seizing it, he shall deliver it to the successful party, and a writ of execution will issue for the damages and costs of the action. If the property is in possession of the losing party, the execution shall command the sheriff to take the property in controversy and deliver it to the successful party and, if the property cannot be had, that he make the value thereof out of the goods and chattels, lands and tenements of the party and his sureties, if any, against whom the judgment is entered and shall command that he so make the damages assessed and costs of the action.

(Code 1907, §3782; Code 1923, §7393; Code 1940, T. 7, §922.)

§ 6-6-262 Execution, Garnishment, or Other Process on Bond

If the unsuccessful party, who has given bond and taken the property into possession fails, for 30 days after the judgment, to deliver the property and to pay the damages assessed for the detention thereof and the costs, the sheriff must, upon the bond, make return of the fact of such failure; and, thereupon, the bond has the force and effect of a judgment on which execution, garnishment, or other process may issue against any, or all, the obligors therein for the alternative value of the property as assessed by the jury and the damages assessed for its detention and the costs. If the property is delivered and the damages assessed for its detention and the costs are not paid, the sheriff must, upon the bond, make return of the fact, and execution, garnishment, or other process must issue against any or all of the obligors for such damages and costs, or for either, as either may be unpaid.

(Code 1852, §2195; Code 1867, §2596; Code 1876, §2945; Code 1886, §2721; Code 1896, §1479; Code 1907, §3783; Code 1923, §7394; Code 1940, T. 7, §923.)

§ 6-6-263 Compelling Restoration of Property by Execution or Attachment; Form of Writ

(a) Any party recovering specific property may compel its restoration, when practicable, by a writ of execution or by moving for an attachment.

(b) The form of the writ of attachment or execution mentioned in subsection (a) of this section may be substantially as follows, though not exclusive of any other sufficient form:

State of Alabama,

County of ________

To any lawful officer of the County of ____________:

You are hereby commanded to attach the specific personal property and deliver the same to A. B., which he recovered of C. D. on the ____ day of _____, in the _____ court of said county, and which was therein adjudged to be delivered to said A. B., to wit: (describe the property), if the same may be had; or if the said C. D. secrete or remove the said property so that it cannot be attached by you and delivered to said A. B., then you are commanded to distrain C. D. by all his real and personal estate in your county, so that thereon he does not lay hands, until he delivers to you or to A. B. the specific property mentioned above, recoverable of him by A. B., if the same may be had; but if not, then you shall cause to be made of such estate of C. D. the alternative price and value of said specific property, to wit: _____ dollars, together with _____ dollars damages for the detention, and _____ dollars costs; and if the property be delivered, you will then cause to be made only the damages for detention and costs, and make due return of this writ to this court how you have executed the same.

________________, Clerk

(Code 1852, §2197; Code 1867, §2598; Code 1876, §2947; Code 1886, §2723; Code 1896, §1483; Code 1907, §§3784, 3785; Code 1923, §§7395, 7396; Code 1940, T. 7, §§924, 925.)

§ 6-6-264 Issuance of Writs until Judgment Satisfied

The issuance of any one or more of the writs of process for the enforcement of judgments in detinue shall not bar or prevent issuance of other or appropriate writs to enforce such judgments until there has been a satisfaction of the judgment.

(Code 1907, §3786; Code 1923, §7397; Code 1940, T. 7, §926.)

Article 7 Ejectment

§ 6-6-280 Election to Proceed by Action of Ejectment or Action in Nature of Ejectment; Proceedings Upon Action in Nature of Ejectment

(a) A plaintiff commencing an action for the recovery of lands or the possession thereof has an election to proceed by an action of ejectment or by an action in the nature of an action of ejectment as is provided in subsection (b) of this section.

(b) An action for the recovery of land or the possession thereof in the nature of an action in ejectment may be maintained without a statement of any lease or demise to the plaintiff or ouster by a casual or nominal ejector, and the complaint is sufficient if it alleges that the plaintiff was possessed of the premises or has the legal title thereto, properly designating or describing them, and that the defendant entered thereupon and unlawfully withholds and detains the same. This action must be commenced in the name of the real owner of the land or in the name of the person entitled to the possession thereof, though the plaintiff may have obtained his title thereto by a conveyance made by a grantor who was not in possession of the land at the time of the execution of the conveyance thereof. The plaintiff may recover in this action mesne profits and damages for waste or any other injury to the lands, as the plaintiff’s interests in the lands entitled him to recover, to be computed up to the time of the verdict.

(Code 1852, §§2209, 2210; Code 1867, §§2610, 2611, 2621; Code 1876, §§2959, 2960, 2970; Code 1886, §§2695, 2696; Code 1896, §§1529, 1530; Code 1907, §§3838, 3839; Code 1923, §§7453, 7454; Code 1940, T. 7, §§937, 938.)

§ 6-6-281 Recovery of Lands by or in Name of State for Schools or Other Educational or Governmental Institutions

All actions for the recovery of land, or the possession thereof, belonging to the state, and sixteenth section lands, school indemnity lands and all other school lands, the lands of the University of Alabama, Auburn University, and of any other public educational or governmental institution of this state shall be commenced by and in the name of the State of Alabama or in the name of the State of Alabama for the use of the schools or other educational or governmental institutions to which, or for the use of which, the lands sued for were donated, granted, purchased, or held.

(Code 1907, §3859; Code 1923, §7475; Code 1940, T. 7, §960.)

§ 6-6-282 Actions by Mortgagee, Etc., Against Mortgagors, Etc

If the action is by a mortgagee or his assignee against the mortgagor, or anyone holding under him, the defendant may plead payment of the mortgage debt or the performance of the condition of the mortgage, or any matter which might be pleaded to a direct civil action for the recovery of the mortgage debt, except the statute of limitations. The jury must pass upon such answers and must ascertain the amount of the mortgage debt if any is found to exist. If the verdict is for the defendant, judgment must be entered for him; but if the verdict ascertains an amount due on the mortgage debt, judgment must be entered for the plaintiff for the possession of the land and the costs, and the amount of the mortgage debt, as ascertained by the jury, must be stated in the judgment. If, within 30 days after the entry of the judgment, the defendant shall pay to the plaintiff, or to the clerk for his use, such debt, interest, and costs, then a writ of possession must not issue, and the clerk shall endorse upon the face of the record of the judgment the fact of such payment.

(Code 1886, §2707; Code 1896, §1547; Code 1907, §3851; Code 1923, §7465; Code 1940, T. 7, §950.)

§ 6-6-283 Demanding Abstract of Title to Be Relied on for Recovery or Defense; Proceedings Upon Failure to Furnish Same

In all actions or proceedings involving the title or right of possession to land, either party may, by notice in writing to the opposing party or his attorney of record not less than 10 days before the trial, demand an abstract in writing of the title, or titles, on which he will rely for recovery or defense, and such party must be confined to the proof of such title or titles upon the trial. If either party, after such demand and notice, fails to furnish such abstract of title, the party so demanding may move the court to require the party in default to furnish the abstract of title, and the court may enter an order requiring the party so in default to furnish the abstract of title within the time to be fixed by the order of the court. Upon failure to comply with such order, the court must dismiss the action or proceeding if the plaintiff is in default or may enter judgment by default if the defendant is the party in default, or the court may, in its discretion, tax the party so in default with all or any part of the costs of the action or proceeding.

(Code 1867, §2612; Code 1876, §2961; Code 1886, §2697; Code 1896, §1531; Code 1907, §3841; Code 1923, §7455; Code 1940, T. 7, §940.)

§ 6-6-284 Disclaimer of Possession by Defendant

Along with any other defenses he may have in an action of ejectment or in an action in the nature of ejectment, the defendant may disclaim possession of the premises sued for in whole or in part. If the defendant pleads the defense of disclaimer only and no other, the plaintiff may take judgment or may take issue; and, if the issue is found for him, he is entitled to judgment as if the defendant had, in an action of ejectment, entered into the consent rule, confessing possession as well as lease, entry, and ouster or, in an action in the nature of an action of ejectment, had admitted possession.

(Code 1852, §2213; Code 1867, §2614; Code 1876, §2963; Code 1886, §2699; Code 1896, §1533; Code 1907, §3843; Code 1923, §7457; Code 1940, T. 7, §942.)

§ 6-6-285 Proceedings Upon Defendant’s Suggestion of Disputed Boundary Line

The defendant, within pleading time or within 30 days before the case is called for trial and after notice to the plaintiff or his attorney of record of his purpose so to do, may file his suggestion in writing that the action arises over a disputed boundary line, in which suggestion he shall describe the location of the true line, and the court or jury trying the issue shall ascertain the true location of the boundary line, and judgment shall be entered accordingly, and shall order the sheriff to establish and mark the true line as ascertained; and, in such case, the costs shall be apportioned justly and equitably. A single judgment on such issue of the location of the true boundary line shall bar another action for the location of the same boundary line.

(Code 1852, §2213; Code 1867, §2614; Code 1876, §2963; Code 1886, §2699; Code 1896, §1533; Code 1907, §3843; Code 1923, §7457; Code 1940, T. 7, §942.)

§ 6-6-286 Proceedings Upon Defendant’s Suggestion of Adverse Possession

(a) When an action is commenced to recover land or the possession thereof, the defendant may, at any time before the trial, suggest upon the record that he, and those whose possession he has, have, for three years next before the commencement of the action, had adverse possession thereof, which must be construed to mean the same character of possession as will put in operation the statute of limitations. In such case, if the jury finds for the plaintiff, it must also ascertain by its verdict whether such suggestion is true or false. If the jury finds it to be false, it must return a verdict for the damages as in ordinary cases. If the jury finds it to be true, it must assess the value, at the time of trial, of the permanent improvements made by the defendant, or those whose estate he has, and also ascertain by its verdict the value of the lands and of the use and occupation thereof, not including the increased value by reason of such improvements.

(b) If the value of the use and occupation as assessed exceeds the value of the permanent improvements made, judgment must be entered against the defendant for the excess. If the value of the improvements exceeds the value of the use and occupation, no writ of possession shall issue for one year after the entry of the judgment unless the plaintiff or his legal representative pays the defendant, or deposits with the clerk for him, the excess of the assessed value of the improvements over the value of the use and occupation. If the plaintiff or his legal representative neglects for the term of one year to pay such excess, and the defendant or his legal representative within three months after the expiration of the year pays to the plaintiff, or to the clerk for him, the value of the land and of the use and occupation thereof as assessed by the jury, the plaintiff is forever barred from his writ of possession and from commencing any action whatever against the defendant, his heirs or assigns to recover such land or the possession thereof.

(Code 1852, §§2201-2204; Code 1867, §§2602-2605; Code 1876, §§2951-2954; Code 1886, §§2702-2705; Code 1896, §§1536-1539; Code 1907, §§3846-3849; Code 1923, §§7460-7463; Code 1940, T. 7, §§945-948.)

§ 6-6-287 Joinder of Landlord as Party Defendant; Continuation of Action Against Tenant

(a) When the land, the subject matter of the action, is in the possession of a tenant, the landlord may be joined with the tenant as a party defendant.

(b) When the action is against a tenant, the landlord must be made a party to the action on motion of the tenant, or upon the landlord’s motion to intervene supported by his pleading showing, as a part thereof, that the defendant is his tenant by demise in writing or is in the occupancy of the land sued for with his consent, or of some portion thereof, which should be specified. When it appears to the satisfaction of the court that the landlord is a nonresident, the action shall proceed without delay against the tenant.

(Code 1852, §2205; Code 1867, §2606; Code 1876, §2955; Code 1886, §2700; Code 1896, §1534; Code 1907, §§3840, 3844; Code 1923, §§7454, 7458; Code 1940, T. 7, §§939, 943.)

§ 6-6-288 Liability - Tenant in Possession

A tenant in possession, asserting his right thereto under a lease or license from another, is not liable beyond the rent in arrears at the commencement of the action and that which may accrue during the continuance of his possession.

(Code 1852, §2215; Code 1867, §2616; Code 1876, §2965; Code 1886, §2701; Code 1896, §1535; Code 1907, §3845; Code 1923, §7459; Code 1940, T. 7, §944.)

§ 6-6-289 Liability - Person Holding Possession Under Color of Title

Persons holding possession under color of title, in good faith, are not responsible for damages or rent for more than one year before the commencement of the action.

(Code 1852, §2216; Code 1867, §2617; Code 1876, §2966; Code 1886, §2706; Code 1896, §1540; Code 1907, §3850; Code 1923, §7464; Code 1940, T. 7, §949.)

§ 6-6-290 Effect of Judgment by Default

A judgment by default against a defendant is an admission of title in the plaintiff, but to recover costs against the defendant, the plaintiff must prove defendant’s possession of the premises, or some part thereof, at the commencement of the action.

(Code 1852, §2218; Code 1867, §2619; Code 1876, §2968; Code 1886, §2708; Code 1896, §1548; Code 1907, §3852; Code 1923, §7466; Code 1940, T. 7, §951.)

§ 6-6-291 What Verdict for Plaintiff to Specify

If the verdict is for the plaintiff, it must specify whether it is for the whole or a part only of the premises and, if for a part, must describe such part, and judgment must be entered accordingly.

(Code 1852, §2217; Code 1867, §2618; Code 1876, §2967; Code 1886, §2709; Code 1896, §1549; Code 1907, §3853; Code 1923, §7467; Code 1940, T. 7, §952.)

§ 6-6-292 Judgment - Damages Only

If the interest or title of the plaintiff expired before the time in which he could be put in possession, he may obtain a judgment for damages only.

(Code 1923, §7469; Code 1940, T. 7, §954.)

§ 6-6-293 Judgment - Rent of Premises After Judgment and Before Possession

The plaintiff may have judgment against the defendant for the rent of the premises which accrues after judgment and before the delivery of possession by motion in the circuit court where the judgment was entered, on 10 days’ notice in writing, unless the judgment is stayed by appeal and bond, in which case the motion may be made after affirmance of the judgment.

(Code 1852, §2208; Code 1867, §2609; Code 1876, §2958; Code 1886, §2711; Code 1896, §1551; Code 1907, §3855; Code 1923, §7471; Code 1940, T. 7, §956.)

§ 6-6-294 Retention of Possession for One Year by Defendant If Crop Planted or Growing Upon Filing Bond; Force and Effect of Bond

(a) If the defendant has a crop planted or growing on the premises and the court or jury finds for the plaintiff, they must also ascertain the rental value of the premises during the current year, and no writ of possession can be issued until the expiration of the year if the defendant executes a bond in double the amount of such rent payable to the plaintiff, with surety approved by the clerk, conditioned to pay the rent so assessed at the expiration of the year.

(b) The bond must be filed in the office of the clerk and, if the rent is not paid at the expiration of the year, has the force and effect of a judgment; and thereon, execution for the amount of the rent must issue against all the obligors or such of them as may be living.

(Code 1852, §§2199, 2200; Code 1867, §§2600, 2601; Code 1876, §§2949, 2950; Code 1886, §§2712, 2713; Code 1896, §§1552, 1553; Code 1907, §§3856, 3857; Code 1923, §§7472, 7473; Code 1940, T. 7, §§957, 958.)

§ 6-6-295 Damages - When Assessed in Severalty

When there are more defendants than one, the jury may assess the damages arising from the detention of the land and the injury and waste thereto, in severalty against each defendant for distinct damages.

(Code 1852, §2214; Code 1867, §2615; Code 1876, §2964; Code 1886, §2710; Code 1896, §1550; Code 1907, §3854; Code 1923, §7468; Code 1940, T. 7, §953.)

§ 6-6-296 Damages - Exemplary or Punitive

In case of wanton aggression or wanton entry on the part of the defendant, the jury may award exemplary or punitive damages.

(Code 1923, §7470; Code 1940, T. 7, §955.)

§ 6-6-297 Issuance of Writs Before Judgment Satisfied

The issuance of any one or more of the writs of process for the enforcement of judgments in ejectment shall not bar or prevent issuance of other or appropriate writs to enforce such judgments until there has been a satisfaction of the judgment.

(Code 1940, T. 7, §961.)

§ 6-6-298 Two Judgments in Defendant’s Favor Bar Further Action

Two judgments in favor of the defendant in an action of ejectment or in an action in the nature of an action of ejectment between the same parties in which the same title is put in issue are a bar to any action for the recovery of the land, or any part thereof, between the same parties or their privies founded on the same title.

(Code 1852, §2219; Code 1867, §2620; Code 1876, §2969; Code 1886, §2714; Code 1896, §1554; Code 1907, §3858; Code 1923, §7474; Code 1940, T. 7, §959.)

Article 8 Forcible Entry and Unlawful Detainer

Division 1 General Provisions

§ 6-6-310 Definitions

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:

(1) FORCIBLE ENTRY AND DETAINER. Where one by force or strong hand, or by exciting fear or terror, enters upon and detains lands or tenements in the possession of another, as by breaking open doors, windows or any other part of a house, whether any person is within or not, by threats of violence to the party in possession, or by words or actions that have a tendency to excite fear or apprehension of danger, by putting out of doors or removing the goods or chattels of the party in possession, or by entering peaceably and then by unlawful refusal, or by force or threats, turning, or keeping the party out of possession.

(2) UNLAWFUL DETAINER. Where one who has lawfully entered into possession of lands as tenant fails or refuses, after the termination of the possessory interest of the tenant, to deliver possession of the premises to anyone lawfully entitled or his or her agent or attorney.

(Code 1852, §§2851, 2852; Code 1867, §§3299, 3300; Code 1876, §§3696, 3697; Code 1886, §§3380, 3381; Code 1896, §§2126, 2127; Code 1907, §§4262, 4263; Code 1923, §§8000, 8001; Code 1940, T. 7, §§966, 967; Acts 1996, No. 96-573, p. 880, §1.)

§ 6-6-311 To What Estates Applicable

Forcible entry and detainer and unlawful detainer extend to, and comprehend, terms for years and all estates, whether freehold or less than freehold.

(Code 1852, §2853; Code 1867, §3301; Code 1876, §3698; Code 1886, §3382; Code 1896, §2128; Code 1907, §4264; Code 1923, §8002; Code 1940, T. 7, §968.)

§ 6-6-312 Commencement of Action Where Property Held Jointly

Where title or possession of the premises is held by several persons jointly, as by tenants in common, coparceners, partners, or other joint occupancy or title, they are seized for themselves and for each other; all are equally entitled to possession; and, conversely, the possession of any one is the possession of all; and any joint tenant may commence an action of forcible entry and detainer against a stranger and recover the entire possession, which inures to the benefit of all.

(Code 1923, §8027; Code 1940, T. 7, §990.)

§ 6-6-313 Effect of Temporary Absence

A temporary absence from the premises does not constitute a loss of the actual possession nor prevent the commencement of forcible entry and detainer against one who forcibly enters or detains the premises, and one who enters during such temporary absence does not acquire the legal possession such as permits him to commence the action if the rightful possessor rejects him immediately on discovery of his presence on the premises.

(Code 1923, §8028; Code 1940, T. 7, §991.)

§ 6-6-314 Liability of Lessee Holding Over; How Such Recovered

Any person who, having entered into the possession of lands and tenements under a contract of lease, forcibly or unlawfully retains the possession thereof after the expiration of his term or refuses to surrender the same on the written demand of the lessor, his agent, or attorney or legal representative, is liable for double the amount of the annual rent agreed to be paid under such contract and for such other special damages as may be thereby sustained by the party thus unlawfully kept out of possession, to be recovered as now provided by law in actions of unlawful detainer or by a civil action for damages.

(Code 1867, §3312; Code 1876, §3709; Code 1886, §3391; Code 1896, §2137; Code 1907, §4273; Code 1923, §8014; Code 1940, T. 7, §977.)

§ 6-6-315 Uninterrupted Occupation for Three Years Bars Action

The uninterrupted occupation of the premises in controversy by the defendant for the space of three entire years preceding the filing of the complaint is, if the estate of the defendant is not determined, a bar to any proceeding under this article.

(Code 1852, §2860; Code 1867, §3308; Code 1876, §3705; Code 1886, §3390; Code 1896, §2136; Code 1907, §4272; Code 1923, §8013; Code 1940, T. 7, §976.)

§ 6-6-316 Action of Trespass, Etc., Not Precluded

No proceedings had under this article or judgment entered bars or prevents the party injured from prosecuting an action of trespass or other action against the aggressor or party offending.

(Code 1852, §2863; Code 1867, §3311; Code 1876, §3708; Code 1886, §3392; Code 1896, §2138; Code 1907, §4274; Code 1923, §8015; Code 1940, T. 7, §978.)

§ 6-6-317 Notice or Demand

Forcible entry being in its nature adverse and unlawful, no demand need be made or notice given except such as is required in the Code to support an action or proceeding based on an entry with actual force.

(Code 1923, §8029; Code 1940, T. 7, §992.)

§ 6-6-318 Courts Deemed Always Open

Courts having jurisdiction under this article must be held open at all times for the consideration and determination of questions arising under this article, and judgments had thereon without delay.

(Code 1867, §3298; Code 1876, §3695; Code 1886, §3379; Code 1896, §2125; Code 1907, §4261; Code 1923, §7999; Code 1940, T. 7, §965.)

§ 6-6-319 Forms for Judgment, Restitution or Possession

The following or similar forms may be used when appropriate in forcible entry and unlawful detainer proceedings; but they are not exclusive of other appropriate forms:

Judgment. A. B. v. C. D.

Came the parties on the ______ day of _____, and upon evidence I find the said C. D. guilty of the forcible entry and unlawful detainer (or, unlawful detainer) as complained against him by A. B., and I therefore order and adjudge that C. D. restore to A. B. the possession of the tract of land (or tenement) mentioned in the complaint: _____ (here designate the land or tenement), and pay the cost of this proceeding

Writ of Restitution or Possession. State of Alabama, County. ___________ To any lawful officer of said county:

You are hereby commanded to restore A. B. to possession (or place A. B. in possession) of the land and tenements (or, as the case may be) which A. B. recovered of C. D. in an action of forcible entry and detainer (or unlawful detainer) before me on the _____ day of _____, at _____ (here describe the land and tenements). You are further directed, of the goods and chattels, lands and tenements, of the said C. D., you cause to be made the sum of _____, which the said A. B. has recovered for his costs in that behalf expended.

Witness my hand, this the _______ day of ________

E. F., District Court Judge

(Code 1907, §4286; Code 1923, §8031; Code 1940, T. 7, §994.)

Division 2 Proceedings

§ 6-6-330 Jurisdiction

The forcible entry upon and detainer, or the unlawful detainer, of lands, tenements and hereditaments is cognizable before the district court of the county in which the offense is committed.

(Code 1852, §2850; Code 1867, §3297; Code 1876, §3694; Code 1886, §3378; Code 1896, §2124; Code 1907, §4260; Code 1923, §7998; Code 1940, T. 7, §964.)

§ 6-6-331 Venue

The complaints provided for in this article must be filed with, and be tried by, the district court for the county in which the lands or tenements are situated.

(Code 1852, §2868; Code 1867, §3317; Code 1876, §3714; Code 1886, §3385; Code 1896, §2131; Code 1907, §4267; Code 1923, §8008; Code 1940, T. 7, §971.)

§ 6-6-332 Process - Form of Notice; Service and Return Thereof

(a) Upon complaint being made, the district judge shall issue a notice to the party against whom the complaint is made to the following effect:

The State of Alabama,

________ County.

To ________

You are hereby commanded to be and appear before me, at _____ on the _____ day of ___, 2, to answer to, and make defense against a complaint exhibited to me against you by _____, for a forcible entry and detainer (or for unlawful detainer, as the case may be).

Witness my hand this _____ day of ____, 2.

_______________________________ District Court Judge

(b) The notice shall be served on the defendant at least six days before the return day of the process and may be served on the defendant anywhere within the state. The return of the service thereof by any sheriff or constable of the state is sufficient, or proof of the fact may be made before the judge. A copy of the notice shall be personally served upon the defendant. If the sheriff or constable is unable to serve the defendant personally, service may be had by delivering the notice to any person who is sui juris residing on the premises, or if after reasonable effort no person is found residing on the premises, by posting a copy of the notice on the door of the premises, and on the same day of posting or by the close of the next business day, the sheriff, the constable, the person filing the complaint, or anyone on behalf of the person, shall mail notice of the filing of the unlawful detainer action by enclosing, directing, stamping, and mailing by first class a copy of the notice to the defendant at the mailing address of the premises and if there is no mailing address for the premises to the last known address, if any, of the defendant and making an entry of this action on the affidavit filed in the case. Service of the notice by posting shall be complete as of the date of mailing the notice.

(c) Upon complaint being made and upon request of the plaintiff to have the notice served on the defendant by a process server other than a sheriff or constable, the court shall, if the process server is qualified under Rule 4.1 (b)(2) of the Alabama Rules of Civil Procedure, order the clerk to deliver the notice to the process server for service.

(Code 1852, §§2854, 2855; Code 1867, §§3302, 3303; Code 1876, §§3699, 3700; Code 1886, §§3383, 3384; Code 1896, §§2129, 2130; Code 1907, §§4265, 4266; Code 1923, §§8006, 8007; Code 1940, T. 7, §§969, 970; Acts 1990, No. 90-218, p. 255, §1; Acts 1996, No. 96-573, p. 880, §1.)

§ 6-6-333 Process - Neglect or Refusal to Execute by Sheriff or Constable

Any sheriff or constable neglecting or refusing to execute any process placed in his hands by a district court judge by virtue of the authority conferred by this article, forfeits to the party aggrieved $200, to be recovered by action in the circuit court.

(Code 1852, §2862; Code 1867, §3310; Code 1876, §3707; Code 1886, §3394; Code 1896, §2140; Code 1907, §4276; Code 1923, §8017; Code 1940, T. 7, §980.)

§ 6-6-334 Failure of Witnesses to Attend or Refusal to Testify

(a) Any witness, duly subpoenaed and failing to attend or refusing to testify may be fined by the district court judge not exceeding $100, for the use of the county, for which he may issue execution directed to the constable.

(b) The judgment specified in subsection (a) of this section must not be made absolute until 10 days after service of a written notice on such witness, informing him of the entry of such judgment.

(Code 1852, §§2869, 2870; Code 1867, §§3318, 3319; Code 1876, §§3715, 3716; Code 1886, §§3394, 3395; Code 1896, §§2141, 2142; Code 1907, §§4277, 4278; Code 1923, §§8018, 8019; Code 1940, T. 7, §§981, 982.)

§ 6-6-335 Proceedings When Parties Appear or Defendant Fails to Do So

If the parties appear, an issue must be made between them upon the complaint, but if the defendant, having been duly cited, does not appear or, appearing, declines to plead, the case proceeds as if the defendant had denied the allegations of the complaint; or, for good cause, the trial may be postponed not more than 15 days, at the cost of the applicant.

(Code 1852, §2856; Code 1867, §3304; Code 1876, §3701; Code 1886, §3386; Code 1896, §2132; Code 1907, §4268; Code 1923, §8009; Code 1940, T. 7, §972.)

§ 6-6-336 Extent of Inquiry

The estate or merits of the title cannot be inquired into on the trial of any complaint filed under this article, but all legal and equitable defenses may be had against a recovery for damages or for the unlawful detention of the land.

(Code 1852, §2859; Code 1867, §3307; Code 1876, §3704; Code 1886, §3389; Code 1896, §2135; Code 1907, §4271; Code 1923, §8012; Code 1940, T. 7, §975.)

§ 6-6-337 Proceedings Upon Determination for Either Plaintiff or Defendant

(a) If the judge determines in favor of the plaintiff, he must record the decision and enter judgment with costs, upon which he must issue a writ of execution commanding the sheriff or the constable to restore the plaintiff to possession or place him in possession of his lands and tenements according to complaint and to levy on and sell a sufficiency of the defendant’s goods and chattels, lands and tenements to satisfy the costs of the proceedings. Successive writs may issue at any time when necessary to eject defendant or collect costs and damages, and a defendant who refuses to obey the mandate of the writ as to the possession of the property or who enters upon the premises without just cause or legal excuse after being ejected shall be guilty of resisting an officer and contempt of court and shall be punished and fined accordingly, in the discretion of the court issuing the process.

(b) If the judge determines in favor of the defendant, judgment must be entered in his favor for the costs, upon which an execution may issue as in other cases.

(Code 1852, §§2857, 2858; Code 1867, §§3305, 3306; Code 1876, §§3702, 3703; Code 1886, §§3387, 3388; Code 1896, §§2133, 2134; Code 1907, §§4269, 4270; Code 1923, §§8010, 8011; Code 1940, T. 7, §§973, 974.)

Division 3 Appeals

§ 6-6-350 To Circuit Court from District Court

Any party may appeal from a judgment entered against him or her by a district court to the circuit court at any time within seven days after the entry thereof, and appeal and the proceedings thereon shall in all respects, except as provided in this article, be governed by this code relating to appeal from district courts. However, the clerk of the court shall schedule the action for trial as a preferred case, and it shall be set for trial within 60 days from the date of appeal.

(Code 1852, §§2811, 2864; Code 1867, §§3257, 3313; Code 1876, §§3654, 3710; Code 1886, §3398; Code 1896, §2144; Code 1907, §4280; Code 1923, §8021; Code 1940, T. 7, §984; Acts 1996, No. 96-573, p. 880, §1; Act 2006-316, p. 668, §2.)

§ 6-6-351 Writs of Restitution or Possession - Suspension Upon Payment of Rent by Defendant

(a) Notwithstanding any other provisions of law or of the Alabama Rules of Civil Procedure, in cases of forcible entry or unlawful detainer, an appeal to circuit court or to appellate court does not prevent the issue of a writ of restitution or possession unless the defendant pays to the clerk of the district court all rents called for under the terms of the lease, since the date of the filing of the action and continues to pay all rent that becomes due and payable under the terms of the lease as they become due, during the pendency of the appeal, and the sums are to be ascertained by the judge.

(b) If the defendant should fail to make any payments as they become due under subsection (a), the court shall issue a writ of restitution or possession and the plaintiff shall be placed in full possession of the premises.

(c) Upon disposition of the appeal, the court shall direct the clerk as to the disposition of the funds paid to the clerk pursuant to subsection (a).

(Code 1852, §2865; Code 1867, §3314; Code 1876, §3711; Code 1886, §3401; Code 1896, §2145; Code 1907, §4281; Code 1923, §8022; Code 1940, T. 7, §985; Acts 1996, No. 96-573, p. 880, §1.)

§ 6-6-352 Writs of Restitution or Possession - Issuance by Circuit Court

In the event that the plaintiff is placed in possession under a writ of restitution or possession, and on appeal the judgment is reversed and one entered for the defendant or the proceeding on appeal is quashed or dismissed, the circuit court may award a writ of restitution or possession to restore him to possession as against the plaintiff, but not as against a third party; but the issuance of the writ rests in the discretion of the appellate court, and the circuit court may, in all cases, direct writs of restitution or possession to be issued by the trial court when, in the judgment of the circuit court, such writ is proper or necessary

(Code 1923, §8030; Code 1940, T. 7, §993.)

§ 6-6-353 Proceedings When Determination Is Against Appellant

In cases of forcible entry or unlawful detainer, the judgment, if against the appellant, must be entered in the circuit court against him and the sureties on the appeal or certiorari bond, including the costs in the inferior and circuit courts, and if the appeal or certiorari was sued out by the defendant and a supersedeas bond was executed, a writ of restitution or possession must be awarded and judgment must also be entered against the defendant and the sureties on his supersedeas bond for the value of the rent of the premises pending the appeal.

(Code 1852, §§2866, 2867; Code 1867, §§3315, 3316; Code 1876, §§3712, 3713; Code 1886, §3411; Code 1896, §2146; Code 1907, §4282; Code 1923, §8023; Code 1940, T. 7, §986.)

Article 9 Garnishments

Division 1 General Provisions

§ 6-6-370 “Garnishment” Defined

A “garnishment,” as employed in this article, is process to reach and subject money or effects of a defendant in attachment, in a judgment or in a pending action commenced in the ordinary form in the possession or under the control of a third person, or debts owing such defendant or liabilities to him on contracts for the delivery of personal property, on contracts for the payment of money which may be discharged by the delivery of personal property or on contracts payable in personal property; and such third person is called the garnishee.

(Code 1886, §2994; Code 1896, §2171; Code 1907, §4300; Code 1923, §8051; Code 1940, T. 7, §995.)

§ 6-6-371 Applicability of Section 6-6-143

The provisions of Section 6-6-143 are applicable to garnishments.

(Code 1896, §2186; Code 1907, §4315; Code 1923, §8066; Code 1940, T. 7, §1010.)

Division 2 Institution of Proceedings

§ 6-6-390 When Process of Garnishment Obtainable

The plaintiff in any pending action for the recovery of money or the plaintiff or assignee in any judgment on which execution can issue may obtain process of garnishment as defined in Section 6-6-370; provided, that no garnishment shall issue prior to a final judgment, pursuant to this section and Sections 6-6-291 through 6-6-294, unless there is a showing that such garnishment is necessary because of extraordinary circumstances.

(Code 1852, §2471; Code 1867, §2892; Code 1876, §§3218, 3219; Code 1886, §§2968, 2971; Code 1896, §2172; Code 1907, §4301; Code 1923, §8052; Code 1940, T. 7, §996; Acts 1951, No. 916, p. 1568.)

§ 6-6-391 Affidavit of Amount Due Plaintiff

To obtain such writ of garnishment, the plaintiff, his agent or attorney must make, before an officer authorized to administer oaths, and file, with the clerk of the court in which the action is pending or the judgment was entered, an affidavit stating the amount due from the defendant to the plaintiff, or his assignee, that process of garnishment is believed to be necessary to obtain satisfaction thereof and that the person to be summoned as garnishee is believed to be chargeable as garnishee in the case. It is not ground of objection that two or more persons having separate interests are mentioned as garnishees.

(Code 1852, §2471; Code 1867, §2892; Code 1876, §3219; Code 1886, §§2968, 2973; Code 1896, §2173; Code 1907, §4302; Code 1923, §8053; Code 1940, T. 7, §997.)

§ 6-6-392 Bond Required When Garnishment in Aid of Pending Action; Exception as to Superintendent of Banks

When the garnishment is in aid of a pending action, the plaintiff, his agent or attorney must also give bond in double the amount claimed in the action, with sufficient surety, to be approved by the officer issuing the writ, with condition that the plaintiff will prosecute the garnishment to effect and pay the defendant all such damages as he may sustain from the wrongful or vexatious suing out of such garnishment; and such bond, as to actions thereon, is subject to the provisions of this code relating to actions on attachment bonds; provided, however, that the Superintendent of Banks of the State of Alabama shall not be required to give bond when garnishment is issued in aid of a pending action, which action is based on a promissory note owned by a bank in the process of liquidation. Such Superintendent of Banks or the liquidating agent of such bank in liquidation shall, however, be liable on his official bonds for damages sustained from the wrongful or vexatious suing out of a writ of garnishment. The Superintendent of Banks shall, however, be required to obtain an order from the circuit court of the county in which such bank in liquidation is located, exempting the Superintendent of Banks from giving such bonds. The order need not specify the particular case or cases, but may be general and exempt the Superintendent of Banks from giving bond in all cases to be brought by him on promissory notes owned by the bank in liquidation wherein garnishments are to issue in aid of the pending actions.

(Code 1852, §2471; Code 1867, §2892; Code 1876, §3219; Code 1886, §2868; Code 1896, §2174; Code 1907, §4303; Code 1923, §8054; Acts 1931, No. 556, p. 652; Code 1940, T. 7, §998.)

§ 6-6-393 Issuance and Service of Process

Upon the filing of the affidavit or the affidavit and bond, as the case may be, the officer filing the same must issue process of garnishment and a copy thereof for each garnishee, to be served by the proper officer, requiring the garnishee to appear within 30 days and file an answer, upon oath, whether, at the time of the service of the garnishment, at the time of making his answer or at any time intervening between the time of serving the garnishment and making the answer he was indebted to the defendant and whether he will not be indebted in future to him by a contract then existing, whether by a contract then existing he is liable to him for the delivery of personal property or for the payment of money which may be discharged by the delivery of personal property or which is payable in personal property and whether he has not in his possession or under his control money or effects belonging to the defendant.

(Code 1852, §2517; Code 1867, §2944; Code 1876, §3269; Code 1886, §2945; Code 1896, §2175; Code 1907, §4304; Code 1923, §8055; Code 1940, T. 7, §999.)

§ 6-6-394 Notice to Defendant

When the defendant resides within the state and the garnishment is issued on a judgment or in a pending action in which an appearance has not been entered for the defendant, the officer issuing the garnishment must issue notice thereof to the defendant, which notice must be served on him at least five days before judgment against the garnishee.

(Code 1896, §2176; Code 1907, §4305; Code 1923, §8056; Code 1940, T. 7, §1000.)

§ 6-6-394.1 Service of Notice of Garnishment by Posting and Mailing

(a) Should service of notice of a garnishment on a judgment in which an appearance has not been entered for the defendant be returned not found or otherwise not accomplished, service of the notice of garnishment may be perfected by the posting and mailing of the notice upon motion and order. The posting and mailing of the notice of garnishment is accomplished in the following manner:

(1) A request for an order permitting service by posting and mailing shall be made upon the court by verified motion attesting that notice was issued to the defendant contemporaneously with the service of process of garnishment upon the garnishee, but was returned not found or service was otherwise not accomplished.

(2) If the motion is granted by written court order, the clerk of the court shall post a copy of the notice of the garnishment and written court order authorizing the posting on the clerk of the court’s official website and in a designated and conspicuous location within the courthouse where the action is pending for four continuous weeks, or as may be directed by the court order. If the court determines that an additional location for the posting is necessary, the court, for good cause shown, may order an additional posting in any other public place for four continuous weeks, or as may be directed by the court order. The additional posting shall be the responsibility of the plaintiff.

(3) The last date of the posting must be at least five days before any judgment of condemnation is entered against the garnishee and shall identify the name of the parties, the court in which the action is pending, and the case number. In addition, except in proceedings to collect child or spousal support, the notice shall also contain the statement concerning rights of exemption as provided in Rule 64A of the Alabama Rules of Civil Procedure.

(4) At the time of posting, the clerk of the court shall also send by regular U.S. Mail a copy of the posted notice of garnishment to the defendant at the defendant’s last known address.

(5) The effective date of service shall be 28 days from the first date of the website posting.

(6) A fee of fifteen dollars ($15) shall be assessed as additional court costs and collected by the clerk of the court for the county in which the case has been filed. At the time of the filing of the motion for posting and mailing, the moving party shall be responsible for this assessment and the cost of mailing. The additional costs and fees may be made taxable to the defendant upon motion to the court. If the amount subject to a judgment of condemnation is less than twenty-five dollars ($25), the court may order waiver of the fee assessment upon motion.

(b) The fees collected pursuant to this section by the clerk of the court shall be remitted monthly to the Circuit Clerk’s Judicial Administrative Fund for the county in which the case has been filed.

(c) Upon compliance with the order of service by posting and mailing, a request for an order for a judgment of condemnation against the garnishee and condemnation of proceeds may be made upon the court by verified motion that all requirements of the order of service by posting and mailing have been accomplished. The movant shall attach to the verified motion a copy of the posting, along with a verified statement of the clerk of the court attesting to the contents of the posting, the dates of the website and courthouse postings, and the date of the mailing of the posted notice copy to the defendant.

(d) Unless otherwise authorized by law or rule, perfection of service by notice upon a defendant by posting and mailing shall have application to this section only.

(e) This section applies to any garnishment proceeding conducted under this chapter, Chapter 10, or the Alabama Rules of Civil Procedure.

(f) Pursuant to Section 6.11 of Amendment 328 to the Constitution of Alabama of 1901, now appearing as Section 150 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, the Supreme Court is hereby requested to modify its rules to conform to this section.

(Act 2022-397, §1.)

§ 6-6-395 Revival of Proceedings When Garnishee or Contestant Dies

If the garnishee dies after he has been summoned as garnishee and pending the litigation, the proceedings may be revived against his legal representatives. Such proceedings may also be revived against the legal representatives of a contestant who dies, after notice to appear and contest with the plaintiff.

(Code 1852, §2557; Code 1867, §2985; Code 1876, §3310; Code 1886, §2992; Code 1896, §2207; Code 1907, §4336; Code 1923, §8087; Code 1940, T. 7, §1031.)

Division 3 What May Be Garnished

§ 6-6-410 Debt or Demand on Which Action Pending

A debt or demand which is subject to garnishment may be reached and subjected though an action may be pending thereon; and if the action is not pending in the court from which the garnishment issues, the court, on proof by the garnishee of the pendency of the garnishment, must, on the entry of judgment, stay execution until notified by the clerk of the court in which the garnishment or attachment is instituted that final judgment has been entered, in which case he must make the appropriate order according to whether the judgment is entered for the plaintiff or defendant.

(Code 1852, §2524; Code 1867, §2951; Code 1876, §3276; Code 1886, §2952; Code 1896, §2177; Code 1907, §4306; Code 1923, §8057; Code 1940, T. 7, §1001.)

§ 6-6-411 Executors and Administrators

(a) Executors and administrators may be garnished for debts due by the testator or intestate to the defendant and may have process of garnishment in their representative character.

(b) Executors and administrators may be garnished for debts due by the legatees or distributees, but no judgment can be entered against them until a settlement of the estate, unless they assent to the legacy or admit assets to pay the amount claimed or some portion thereof out of the distributive share of the debtor.

(Code 1852, §§2519, 2520; Code 1867, §§2946, 2947; Code 1876, §§3272, 3273; Code 1886, §§2948, 2949; Code 1896, §§2178, 2179; Code 1907, §§4307, 4308; Code 1923, §§8058, 8059; Code 1940, T. 7, §§1002, 1003.)

§ 6-6-412 Money in Hands of Attorney, Sheriff, or Other Officer

Money in hands of an attorney-at-law, sheriff, or other officer may be garnished; and, in the case of officers of the court, the money must be paid into the court to abide the result of the action, unless the court otherwise directs.

(Code 1852, §2521; Code 1867, §2948; Code 1876, §3273; Code 1886, §2950; Code 1896, §2180; Code 1907, §4309; Code 1923, §8060; Code 1940, T. 7, §1004.)

§ 6-6-413 Money or Effects in Hands of Trustee; Exception

(a) Money or effects of the defendant in the hands of a trustee may be garnished and held subject to the validity of the instrument creating the trust or the excess remaining in the trustee’s hands after the execution of the trust, if valid; but if the deed is held void, the trustee, if not guilty of actual fraud, may retain for a debt due himself and must be protected so far as he has acted in good faith under the trust before the service of the garnishment.

(b) Personal property in the custody of a trustee in bankruptcy, exempt to the bankrupt, cannot be garnished.

(Code 1852, §2523; Code 1867, §2950; Code 1876, §3275; Code 1886, §2951; Code 1896, §2181; Code 1907, §4310; Code 1923, §8061; Code 1940, T. 7, §1005.)

§ 6-6-414 Unpaid Subscription of Stock

Any creditor of a corporation may, by garnishment, subject the unpaid subscription of any stockholder in such corporation to the payment of its debts, without regard to whether the corporation can commence an action against the stockholder for such subscription or not.

(Code 1852, §2472; Code 1867, §2893; Code 1876, §3220; Code 1886, §2972; Code 1896, §2182; Code 1907, §4311; Code 1923, §8062; Code 1940, T. 7, §1006.)

Division 4 Bond by Defendant

§ 6-6-430 Filing of Bond; Discharge of Money or Property from Garnishment; Proceedings as If Bond Not Executed; Judgment; Discharge of Garnishee

(a) When garnishment has been issued in aid of a pending action or upon a judgment, the defendant may make and file with the judge or clerk issuing the garnishment bond in such sum as the judge or clerk may prescribe, not exceeding twice the amount of the plaintiff’s demand, payable to the plaintiff, with sufficient surety, to be approved by such judge or clerk, conditioned to pay the amount for which the garnishee may be found indebted or liable to the defendant and the cost of the garnishment. Thereupon, the money or property in the hands of the garnishee is discharged from the garnishment and the garnishee relieved of all liability therefor to the plaintiff; but the garnishee must answer, and, except as is otherwise provided in this article, the case must proceed and be determined as if such bond had not been executed.

(b) If the garnishee is found to be indebted or liable to the defendant in money or property, the amount or value thereof must be ascertained and judgment entered for such amount or value against the defendant and the sureties on such bond and for the costs of the garnishment; but such judgment, exclusive of the costs of the garnishment, must not exceed the amount of the judgment, interest and costs in the original action or the amount of the bond. If the garnishee shall fail to answer, a conditional judgment may be entered against him and proceedings had thereon as in other cases; and, if the conditional judgment is made absolute, judgment for the like amount must be entered against the defendant and the sureties on his bond and for the costs of the garnishment, subject to the limitations expressed in this section; and execution thereon may issue against the defendant and his sureties on such bond, but not against the garnishee. No judgment must be entered against the bond until judgment has been entered in the original action in favor of the plaintiff against the defendant.

(c) The garnishee is not discharged from liability to the defendant until he has paid the debt or satisfied the demand the garnishment was intended to reach.

(Code 1896, §2183; Code 1907, §4312; Code 1923, §8063; Code 1940, T. 7, §1007.)

§ 6-6-431 Bond in Double Amount; Dissolution of Garnishment and Discharge of All Garnishees; Judgment Against Obligors

(a) The defendant may, instead of the bond mentioned in Section 6-6-430, give bond in double the amount of the plaintiff’s demand, payable to the plaintiff, with sufficient surety, to be approved by the judge or clerk and conditioned to pay such judgment as may be entered or ascertained to exist in favor of the plaintiff and against the defendant in the case and costs of the action. Thereupon, the garnishment is dissolved and the garnishee discharged and need not answer; and, upon the trial of the case, if judgment is entered or ascertained to exist in favor of the plaintiff against the defendant, the court must also enter judgment against the obligors in the bond for the amount of such judgment, interest thereon and costs of the action.

(b) The giving of the bond authorized in this section operates to discharge all garnishees in the case, whether one or more.

(Code 1896, §2184; Code 1907, §4313; Code 1940, T. 7, §1008.)

Division 5 Answer of Garnishee

§ 6-6-450 Filing of Answer; Notice Thereof; Oral Examination

The garnishee must answer under oath according to the terms of the garnishment; and, upon filing, the clerk or register shall give the plaintiff and defendant notice, and the garnishee may, if required by the plaintiff, be examined orally in the presence of the court. Any demand for oral examination required by the plaintiff after filing of written answer by the garnishee must be made by motion filed within 30 days from the date of notice of filing answer.

(Code 1923, §8067; Code 1940, T. 7, §1011.)

§ 6-6-451 Answers on Behalf of Corporations

No person shall answer on behalf of any corporation any process of garnishment unless he shall make affidavit that he is the duly authorized agent of the corporation to make such answer and that he has knowledge of the facts stated therein.

(Code 1867, §2897; Code 1876, §3222; Code 1886, §2975; Code 1896, §2190; Code 1907, §4319; Code 1923, §8070; Code 1940, T. 7, §1014.)

§ 6-6-452 Payment of Defendant’s Money into Court If Garnishee Admits Possession Thereof

If the garnishee admits the possession of money belonging to the defendant, he must pay the same or so much thereof as may be necessary to satisfy the plaintiff’s demand and costs into court to await the order of the court; and, if he fails to make such payment, he is liable as if he had admitted an indebtedness for the amount of such money.

(Code 1886, §2979; Code 1896, §2194; Code 1907, §4323; Code 1923, §8074; Code 1940, T. 7, §1018.)

§ 6-6-453 Payment of Indebtedness or Liability to Clerk; Effect Thereof; Ordering of Deposit by Court

(a) When the garnishee admits indebtedness or liability to the defendant and the defendant has not executed bond for the dissolution of the garnishment, as provided in Division 4 of this article, the garnishee may, by order of the court first had and obtained, pay the amount of such indebtedness or liability or so much thereof as the court may direct into the hands of the clerk, to be held subject to the judgment in the case. Such payment has the effect to discharge the garnishee from liability for the amount so paid and interest subsequently accruing thereon, but does not prevent the interposition and trial of collateral issues as provided in Division 6 of this article.

(b) The court may, in its discretion, direct the clerk to deposit, pending the action, the money at interest in a bank authorized to receive deposits of public funds.

(Code 1896, §§2188, 2189; Code 1907, §§4317, 4318; Code 1923, §§8068, 8069; Code 1940, T. 7, §§1012, 1013.)

§ 6-6-454 Judgment Where Answer Admits Indebtedness to Defendant

If the garnishee answers and admits indebtedness to the defendant, judgment thereon must be entered against him, after judgment against the defendant, for the amount so admitted, if less than the amount of the judgment against the defendant, or, if more or equal thereto, for the amount thereof; and if the debtor demand is not then payable, execution must be suspended until its maturity.

(Code 1852, §2541; Code 1867, §2969; Code 1876, §3294; Code 1886, §2976; Code 1896, §2191; Code 1907, §4320; Code 1923, §8071; Code 1940, T. 7, §1015.)

§ 6-6-455 Proceedings When Garnishee Liable for Delivery of Personal Property

If the garnishee is liable for the delivery of personal property or for the payment of money which may be discharged by the delivery of personal property, the value of the property must be ascertained and a judgment entered against the garnishee that if he does not, by a day to be fixed by the court which must be a day after the maturity of such contract, deliver such property to the sheriff or other lawful officer, he must pay the value thereof or the sum of money which was payable therein. Upon the return of the sheriff or such other officer that such property was not delivered or the value thereof or such sum of money was not paid to him as required by the judgment, execution must be issued for the ascertained value of such property or for the sum of money payable therein, if the same is less than the amount of the judgment against the defendant in the original action, or, if more or equal thereto, for the amount thereof. If such property is delivered to the sheriff or other lawful officer, he must proceed to a sale thereof as if under execution against the defendant.

(Code 1886, §2977; Code 1896, §2192; Code 1907, §4321; Code 1923, §8072; Code 1940, T. 7, §1016.)

§ 6-6-456 Judgment and Proceedings If Possession of Effects Subject to Levy and Sale Admitted

If the garnishee admits the possession of effects of the defendant, the subject of levy and sale under legal process, judgment of condemnation must be entered that such effects be delivered upon demand after the entry of judgment in favor of the plaintiff in the original action, or so much thereof as may be necessary to satisfy the judgment, and the sheriff must make sale thereof. If the garnishee fails to deliver such effects to the sheriff on demand, he must make return thereof to the clerk, who must thereupon issue an execution against the garnishee in favor of the plaintiff for the amount of the judgment and costs. If, however, such failure is without fault or negligence on the part of the garnishee, he may tender to the plaintiff, his agent, or attorney the value of such effects; and, if such tender is refused, he may obtain relief by supersedeas.

(Code 1852, §§2542-2544; Code 1867, §§2970-2972; Code 1876, §§3295-3297; Code 1886, §2978; Code 1896, §2193; Code 1907, §4322; Code 1923, §8073; Code 1940, T. 7, §1017.)

§ 6-6-457 Proceedings on Failure to Appear and Answer

If the garnishee fails to appear and answer, a conditional judgment must be entered against him for the amount of the plaintiff’s claim, as ascertained by his judgment, to be made absolute unless he appears within 30 days after notice of the conditional judgment issued by the clerk, to be served on him, as other process, by the sheriff. If he fails to appear within the time required by the notice served upon him or if two notices are returned “not found” by the sheriff of the county in which the garnishment was executed, the judgment must be made absolute.

(Code 1852, §2545; Code 1867, §2973; Code 1876, §3298; Code 1886, §2980; Code 1896, §2195; Code 1907, §4324; Code 1923, §8075; Code 1940, T. 7, §1019.)

§ 6-6-458 Controverting of Answer by Plaintiff, Etc

The plaintiff, his agent, or attorney may controvert the answer of the garnishee by making oath within 30 days after notice of the filing of the answer that he believes it to be untrue. Thereupon, an issue must be made up, under the direction of the court, in which the plaintiff must allege in what respect the answer is untrue; and, if required by either party, a jury must be impaneled to try such issue.

(Code 1852, §2546; Code 1867, §2974; Code 1876, §3299; Code 1886, §2891; Code 1896, §2196; Code 1907, §4325; Code 1923, §8076; Code 1940, T. 7, §1020.)

§ 6-6-459 Contest of Answer by Defendant

The defendant, upon the coming in of the answer, may, within 30 days after notice of the filing of the answer, allege that the garnishee is indebted to him in a larger sum than he has admitted, is otherwise liable to him on a demand, the subject of garnishment, or that he holds money or effects of the defendant not admitted in his answer, which, being reduced to writing setting forth particularly in what respect the answer is deficient and being sworn to, an issue must thereupon be made up, under the direction of the court, which must be tried by a jury if required by either party; but such controversy shall not prevent the plaintiff from taking judgment upon the answer of the garnishee.

(Code 1852, §2547; Code 1867, §2975; Code 1876, §3300; Code 1886, §2982; Code 1896, §2197; Code 1907, §4326; Code 1923, §8077; Code 1940, T. 7, §1021.)

§ 6-6-460 Judgment When Issue Found Against Garnishee

If such issue is found against the garnishee, judgment must be entered against him in favor of the plaintiff, if necessary, to satisfy his claim or judgment against the defendant or in favor of the defendant, if such judgment has been satisfied.

(Code 1852, §2548; Code 1867, §2976; Code 1876, §3301; Code 1886, §2983; Code 1896, §2198; Code 1907, §4327; Code 1923, §8078; Code 1940, T. 7, §1022.)

§ 6-6-461 Effect of Judgment for Plaintiff as Between Garnishee and Defendant

The judgment condemning the debt, demand, money, or effects to the satisfaction of the plaintiff’s demand is conclusive as between the garnishee and the defendant to the extent of such judgment, unless the defendant prosecutes to effect an appeal from such judgment, which he may do in his own name; and, if such judgment is stayed by bond and the garnishee is notified of the fact, he is not permitted to discharge such judgment pending the appeal.

(Code 1852, §2563; Code 1867, §2991; Code 1876, §3316; Code 1886, §2993; Code 1896, §2185; Code 1907, §4314; Code 1923, §8065; Code 1940, T. 7, §1009.)

§ 6-6-462 Payment of Costs to Garnishee Upon Discharge

When the answer of the garnishee is not controverted or, if controverted, is found for him, he shall be allowed $3 per day during his attendance when such attendance is required, together with five cents per mile, computed according to the usual route traveled, going to and returning from court; and, when the personal attendance of said garnishee is not required, he shall be allowed $3 for such answer, which shall be taxed and collected as other costs.

(Code 1852, §2556; Code 1867, §2984; Code 1876, §3309; Code 1886, §2991; Code 1896, §2206; Code 1907, §4335; Acts 1909, No. 121 1/2 , p. 163; Code 1923, §8086; Code 1940, T. 7, §1030.)

§ 6-6-463 Disposition of Claims of Other Persons Suggested by Garnishee

(a) When the garnishee, by his answer as originally filed or by any supplemental answer thereafter, alleges, at any time before final judgment against him, that he has been notified that another person claims title to, or an interest in, the debt, demand, money, or effects which, by his answer, he has admitted to be due or owing or to be in his possession, the clerk must issue notice to the suggested claimant to appear within 30 days after service of the notice and propound his claim and contest with the plaintiff the right to such debt, demand, money or effects.

(b) If he appears, he must be required to propound his claim in writing and make oath thereto, upon which the plaintiff must take issue in law or in fact, and the issue in fact must be tried by a jury, if required by either party. If the issue is found for the plaintiff, judgment must be entered against the garnishee on his answer or, if for the contestant, the garnishee must be discharged.

(c) If the contestant is a nonresident, the contest must be stayed 60 days and the same proceedings had as in the case of a nonresident defendant.

(d) If two notices to the resident contestant be returned “not found,” a judgment must be entered against the garnishee on his answer.

(e) The interposition of these collateral issues does not affect the jurisdiction of the court obtained by levy of the attachment or service of garnishment.

(f) Upon the trial of these collateral issues, either party may appeal any question, and judgment for costs must be entered against the unsuccessful party.

(Code 1852, §§2549-2554; Code 1867, §§2977-2982; Code 1876, §§3302-3307; Code 1886, §§2984-2989; Code 1896, §§2199-2204; Code 1907, §§4328-4333; Code 1923, §§8079-8084; Code 1940, T. 7, §§1023-1028.)

§ 6-6-464 Appeals

An appeal lies to the supreme court or the court of civil appeals, as the case may be, at the instance of the plaintiff, the defendant, the garnishee, or the contestant, or claimant.

(Code 1852, §2555; Code 1867, §2983; Code 1876, §3308; Code 1886, §2990; Code 1896, §2205; Code 1907, §4334; Code 1923, §8085; Code 1940, T. 7, §1029.)

Division 6 Salaries of Public Officials or Employees

§ 6-6-480 “Salary” Defined

The term “salary,” as used in this division, is not intended to include or cover costs and charges of court or fees, commissions, percentages, or allowances of public officers, and such are not subject to writs of garnishment under the provisions of this division.

(Acts 1923, No. 427, p. 575; Code 1923, §8090; Code 1940, T. 7, §1034.)

§ 6-6-481 Who May Be Garnished; How Effected

(a) Money due officials or employees of a city, county, or state government, or any department or institution thereof, as salary for services performed for or on behalf of said city, county, or state, or any department or institution thereof, may be garnished.

(b) In such cases, the writ of garnishment may be served on the person authorized by law to draw the warrant on the treasury of said government or to issue a check for such salary so due, and such person shall be required to answer said writ in accordance with the mandate thereof and as provided by law.

(Acts 1923, No. 427, p. 575; Code 1923, §§8088, 8089; Code 1940, T. 7, §§1032, 1033.)

§ 6-6-482 Writ to Issue Only After Final Judgments on Actions Ex Contractu

The salary referred to in this division is not subject to a writ of garnishment in aid of a pending action, but such writ may issue only after final judgment, on which execution can issue, entered in actions on contracts or growing out of contracts express or implied and being judgments ex contractu. The judgment on which such writ can issue must be founded upon a debt, demand, or claim against said defendant which originated subsequent to September 26, 1923. The salary referred to in this division is not subject to writ of garnishment issued on judgments ex delicto.

(Acts 1923, No. 427, p. 575; Code 1923, §8091; Code 1940, T. 7, §1035.)

§ 6-6-483 Answer of State Official Garnished to Show Assent to Judgment

Where an official of the State of Alabama or other person designated in this division has been garnished, as provided by Section 6-6-482, and answer has been filed by said person, in accordance with the mandate of said writ, admitting that the said State of Alabama is due, or will be due, the defendant in said garnishment proceedings money for salary and has said money ready for payment when due, the said answer must also show the assent of said person that judgment may be entered in said case for the amount shown in said answer or so much thereof as may be necessary to satisfy plaintiff’s judgment. In no case shall judgment against said official or other person designated in this division as the agent of the state be entered on said answer or in said garnishment proceedings unless such assent and consent to said judgment is shown in said answer. When such final judgment is so entered, after trial of said proceedings, the said judgment shall be against the official or person returning said answer as such official or agent of the State of Alabama, as garnishee, and said judgment shall show that said official or person, as such agent of the state, consented that such judgment be entered in said garnishment proceedings.

(Acts 1923, No. 427, p. 575; Code 1923, §8092; Code 1940, T. 7, §1036.)

§ 6-6-484 Drawing of Warrant or Check for Money Due as Salary

After such writ has been served as provided in this division, the said agent of the state shall draw no warrant or check for the money due such defendant as salary and included in the answer filed in said garnishment case until said garnishment proceedings have terminated, unless said writ is dissolved in the manner provided by the statutes. After final judgment condemning said money as provided in this division, said agent of the state may draw a warrant or check for the money so condemned and deliver same to the clerk of the court or to the court where such judgment was obtained.

(Acts 1923, No. 427, p. 575; Code 1923, §8093; Code 1940, T. 7, §1037.)

Article 10 Injunctions

§ 6-6-500 Who May Grant

Injunctions may be granted, returnable into any of the circuit courts in this state, by the judges of the supreme court, court of civil appeals, court of criminal appeals, and circuit courts.

(Code 1852, §2971; Code 1867, §3426; Code 1876, §3867; Code 1886, §3520; Code 1896, §784; Code 1907, §4512; Code 1923, §8288; Code 1940, T. 7, §1038.)

§ 6-6-501 Dissolution of Preliminary Injunction

A motion to dissolve will lie to the granting of a preliminary injunction only for matters subsequently occurring.

(Code 1907, §4532; Code 1923, §8308; Code 1940, T. 7, §1058.)

§ 6-6-502 Enjoining or Restraining Enforcement of Ordinance

No temporary restraining order or preliminary injunction shall ever issue to any municipality of this state, its officers, agents, or employees, enjoining or restraining the enforcement of any ordinance of such municipality, whether valid or invalid, or any proceedings thereunder, until a time and place have been set for the hearing of the application for such temporary restraining order or preliminary injunction, and notice of such time and place, together with a copy of the complaint, has been served upon the mayor or other chief executive officer of such municipality at least 24 hours prior to the time set for such hearing.

(Acts 1927, No. 84, p. 64; Code 1940, T. 7, §1063.)

§ 6-6-503 Enjoining Unauthorized or Unlawful Practice of Profession, Occupation, or Calling

(a) The unauthorized or unlawful practice of any profession, occupation or calling by any person, firm, or corporation may be enjoined by any court of competent jurisdiction on complaint brought in the name of any public body or officer having authority conferred by statute to regulate or to license the activity engaged in by such person, firm, or corporation.

(b) The provisions of this section are cumulative. The authority conferred by the section is in addition to and supplementary to all other statutes, civil and criminal, dealing with the subject matter of this section. The section shall apply retrospectively and prospectively.

(Acts 1967, No. 509, p. 1225.)

Article 11 Intemperates and Inebriates

§ 6-6-520 Complaint to Preserve Estate of Intemperate from Waste and for General Relief

(a) When any person over 19 years of age or any person under 19 years of age who has been relieved of the disabilities of nonage is, by reason of intemperance, unfit to manage his estate, or is wasting or squandering it and thereby in danger of being reduced to poverty and want, his wife or her husband, brother or sister, father or mother, next of kin, or any or either of them may, themselves or by their next friend, if minors, file their complaint to preserve the estate of such intemperate person from further waste and for general relief.

(b) The complaint provided for in subsection (a) of this section must specify the cause for which relief is requested and the estate proposed to be secured, and such person of intemperate habits must be made a party defendant thereto.

(Code 1867, §§2399, 2400; Code 1876, §§2815, 2816; Code 1886, §§2502, 2503; Code 1896, §§836, 837; Code 1907, §§4611, 4612; Code 1923, §§8555, 8556; Code 1940, T. 7, §§1064, 1065.)

§ 6-6-521 Securing Estate Against Further Waste Pending Action

Pending such action, the judge must, by injunction or otherwise, secure the estate against further waste, but no such order affects the rights of creditors acquired previous to the commencement of the action.

(Code 1867, §2402; Code 1876, §2818; Code 1886, §2505; Code 1896, §838; Code 1907, §4613; Code 1923, §8557; Code 1940, T. 7, §1066.)

§ 6-6-522 Trustee - Appointment

If the allegations of the complaint are admitted, either expressly or by failure to answer thereto, or it is established by proof that the allegations of the complaint are true and that such person is wasting his estate, or is for the cause alleged unfit for its management, so that such person will probably be reduced to want, the circuit court judge must deprive him of all further control over it and provide for its safekeeping by the appointment of a trustee, who shall give bond in double the value of the estate committed to him, to be approved by the register or clerk.

(Code 1867, §2400; Code 1876, §2816; Code 1886, §2503; Code 1896, §837; Code 1907, §4612; Code 1923, §8556; Code 1940, T. 7, §1065.)

§ 6-6-523 Trustee - Duties

The trustee appointed under this article must manage and superintend the affairs of the estate and, from the avails thereof, provide for the support of such intemperate person and his wife and children, if any, which support must be suitable to the means and estate of such intemperate person.

(Code 1867, §2401; Code 1876, §2817; Code 1886, §2504; Code 1896, §839; Code 1907, §4614; Code 1923, §8558; Code 1940, T. 7, §1067.)

§ 6-6-524 Trustee - Control by Appointing Court

The court making such appointment may direct and control the trustee in the management of the trust estate and has jurisdiction of the settlements, partial and final, of his accounts.

(Code 1896, §841; Code 1907, §4616; Code 1923, §8560; Code 1940, T. 7, §1069.)

§ 6-6-525 Trustee - Partial and Final Settlements of Account

The trustee must, at least once in three years, make partial settlement of his accounts and may be required to do so at any time; and, on the termination of the trust, he or, if he is dead, his personal representative must make final settlement thereof, such settlement to be governed by the provisions of this Code regulating settlements of guardian’s accounts in the court of probate, so far as such provisions may be applicable.

(Code 1896, §842; Code 1907, §4617; Code 1923, §8561; Code 1940, T. 7, §1070.)

§ 6-6-526 Trustee - Compensation

Such trustee is entitled, for his services, to such compensation as is allowed guardians.

(Code 1896, §843; Code 1907, §4618; Code 1923, §1071; Code 1940, T. 7, §1071.)

§ 6-6-527 Restoration of Estate

On the petition of the person whose estate has been committed to the control of a trustee, on notice to such trustee and on satisfactory proof of the reformation of such intemperate person and of his fitness to have charge of his estate, the judge must order it to be restored.

(Code 1867, §2403; Code 1876, §2819; Code 1886, §2506; Code 1896, §840; Code 1907, §4615; Code 1923, §8559; Code 1940, T. 7, §1068.)

Article 12 Quieting Title and Determination of Claims to Land

Division 1 Proceedings in Personam

§ 6-6-540 Right of Action to Settle Title to Lands by Person in Peaceable Possession Thereof

AMENDED BY ACT 2026-536, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

When any person is in peaceable possession of lands, whether actual or constructive, claiming to own the same, in his own right or as personal representative or guardian, and his title thereto, or any part thereof, is denied or disputed or any other person claims or is reputed to own the same, any part thereof, or any interest therein or to hold any lien or encumbrance thereon and no action is pending to enforce or test the validity of such title, claim, or encumbrance, such person or his personal representative or guardian, so in possession, may commence an action to settle the title to such lands and to clear up all doubts or disputes concerning the same.

(Code 1896, §809; Code 1907, §5443; Code 1923, §9905; Code 1940, T. 7, §1109.)

§ 6-6-541 Contents of Complaint

The complaint authorized by Section 6-6-540 must describe the lands with certainty, must allege the possession and ownership of the plaintiff and that the defendant claims, or is reputed to claim, some right, title, or interest in, or encumbrance upon, such lands and must call upon him to set forth and specify his title, claim, interest, or encumbrance and how and by what instrument the same is derived and created.

(Code 1896, §810; Code 1907, §5444; Code 1923, §9906; Code 1940, T. 7, §1110.)

§ 6-6-542 Contents of Answer

If the defendant shall answer claiming any estate, interest in, or encumbrance upon the lands, he must, in his answer, specify and set forth the title, claim, interest, or encumbrance so claimed and, if not claimed in or upon the whole of such lands, he must specify and describe with sufficient certainty the part in, or upon which, the same is claimed and the manner in which, and the sources through which, such title, claim, interest, or encumbrance is claimed to be derived and created.

(Code 1896, §811; Code 1907, §5445; Code 1923, §9907; Code 1940, T. 7, §1111.)

§ 6-6-543 Trial by Jury or Determination by Court; Entry and Effect of Judgment

Upon the application of either party in a proceeding under Section 6-6-540, a trial by jury shall be directed to determine the issues or any specified issue of fact presented by the pleadings, and the court is bound by the result, but may, for sufficient reasons, order a new trial thereof; and when a trial by jury is not requested, or as to the facts for which the same is not requested, the court shall consider and determine any title, claim, interest, or encumbrance. The court shall, upon the finding of the jury or upon such consideration and determination, finally adjudge whether the defendant has any right, title, or interest in, or encumbrance upon, such lands, or any part thereof, what such right, title, interest, or encumbrance is and in or upon what part of the lands the same exists; and such judgment is binding and conclusive upon all the parties to the action.

(Code 1896, §812; Code 1907, §5446; Code 1923, §9908; Code 1940, T. 7, §1112.)

§ 6-6-544 Filing of Judgment

Within 30 days after a judgment entered under this division becomes final, with no possibility of post-trial motions or appellate review the prevailing party shall file a certified copy of the judgment for record in the probate court of the county in which the land lies and assume the expense thereof as part of the cost of the case. The judge of probate shall record the judgment in the same book and manner in which deeds are recorded and index the names of defendants or parties against whom the relief is granted in the direct index and the names of the plaintiffs or parties quieted in possession of the land in the reverse index.

(Code 1907, §5447; Code 1923, §9909; Code 1940, T. 7, §1113; Act 2023-520, §1.)

§ 6-6-545 Costs

AMENDED BY ACT 2026-536, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

No judgment for costs shall be had under this division against a defendant who suffers a judgment by default against him or who, in his answer, disclaims all title to, interest in, or encumbrance on the lands; but the court shall, in those cases, without further proof, adjudge that such defendant has no estate or interest in or encumbrance on such lands, or any part thereof. Any defendant who shall, by answer under oath, deny that he claims, or ever has claimed, or pretended to have any estate, interest, or encumbrance in, or upon, such lands, or any part thereof, shall be entitled to recover his costs in the action.

(Code 1896, §813; Code 1907, §5448; Code 1923, §9910; Code 1940, T. 7, §1114.)

§ 6-6-546 Commencement of Action by State

The state may commence an action under the provisions of this division to quiet the title to any lands belonging to the state, any school lands or any lands belonging to any educational or charitable institution which is wholly or partially supported by the state, whether the state or owner of the legal title to such lands is in possession thereof or not.

(Code 1907, §5449; Code 1923, §9911; Code 1940, T. 7, §1115.)

Division 2 Proceedings in Rem

§ 6-6-560 Who May File Complaint to Establish Right or Title to Lands or Interest Therein

When any person, natural or artificial, claims, either in his own right or in any representative capacity whatsoever, to own any lands or any interest therein, and is in the actual, peaceable possession of the land, or if neither he nor any other person is in the actual possession of the lands and he holds, and has held, color of title to the lands, or interest so claimed, for a period of 10 or more consecutive years next preceding and has paid taxes on the lands or interest during the whole of such period, or if he, together with those through whom he claims, has held color of title and paid taxes on the land or interest so claimed during the whole of such period of time, or if he and those through whom he claims have paid taxes during the whole of such period of 10 years on the lands or interest claimed and no other person has paid taxes thereon during any part of said period, he may, if no action is pending to test his title to, interest in or his right to the possession of such lands, file a verified complaint in the circuit court of the county in which such lands lie against said lands and any and all persons claiming, or reputed to claim, any title to, interest in, lien, or encumbrance on said lands, or any part thereof, to establish the right or title to such lands or interest and to clear up all doubts or disputes concerning the same.

(Acts 1923, No. 526, p. 699; Code 1923, §9912; Code 1940, T. 7, §1116; Acts 1951, No. 882, p. 1521, §1.)

§ 6-6-561 Contents of Complaint

A complaint under this division must be brought against the land or the interest therein sought to be established. It must describe said land or the interest therein sought to be established, with certainty, and state specifically what claim, title, or interest in, or to, said lands the plaintiff claims to have and from whom and how such interest or title so claimed in, or to, said lands was obtained. It shall also make party or parties defendant to said complaint all persons against whom the plaintiff claims title to said lands, or the interest therein sought to be established, and if the names of such persons cannot be ascertained by the plaintiff with certainty, they may be designated and joined as unknown parties. Such complaint shall also make party or parties defendant thereto all persons who are known to the plaintiff to have had possession of said lands, or any part thereof, within 10 years next preceding the filing of the complaint, or who are known to the plaintiff to claim said lands, any part thereof or any interest therein, whether such interest be present, future, contingent, reversionary, or otherwise. Such complaint shall also make party or parties defendant thereto all persons who have at any time within 10 years next preceding the filing of the complaint assessed or paid any taxes upon said lands or any interest therein; provided, however, that those parties appearing in the chain of title who have voluntarily conveyed their interest or interests in said lands to the plaintiff or to those through whom the plaintiff derives title need not be made parties to said complaint. The ages and addresses of all defendants to the complaint shall be stated in the complaint, if known, and if any are known or suspected to be of unsound mind, this fact shall also be alleged. Should any of the persons mentioned in this section, at the time of the filing of the complaint, be deceased and such fact be known to the plaintiff, his heirs or devisees shall be made parties in his stead. Should the plaintiff, after exercising reasonable diligence, be unable to locate the whereabouts and to ascertain with certainty whether any such defendant is alive at the time of the filing of the complaint, the facts showing just what diligence the plaintiff has exercised must be specifically alleged in the complaint and such defendant may then be made a party in his name followed by the words: ”— and his heirs or devisees, if deceased,” and a valid judgment may be entered against such defendant, binding on both him and his heirs or devisees, regardless of whether it be later shown that such defendant was or was not living at the time of the filing of the complaint.

(Acts 1923, No. 526, p. 699; Code 1923, §9913; Code 1940, T. 7, §1117; Acts 1951, No. 882, p. 1521, §2.)

§ 6-6-562 Appointment of Guardians Ad Litem

On the filing of a complaint as authorized under Section 6-6-560, should it appear that any of the defendants are infants or persons of unsound mind or should the identity of some, or all, of said defendants be unknown, the court shall forthwith appoint a guardian ad litem to represent and defend the interest of such infant, incompetent or unknown parties in the proceeding.

(Acts 1951, No. 884, p. 1526.)

§ 6-6-563 Service of Process

If any of the parties set out in Section 6-6-562, whose names are known, reside in the State of Alabama, a copy of the complaint must be served upon them, in the same manner that process is served on defendants in civil actions. If any of the aforementioned parties reside out of the state and addresses are known, a summons, together with a copy of said complaint, shall be sent by the register or clerk of the court in which the proceeding is pending to such parties by registered or certified mail, postage prepaid, marked “For Delivery to Addressee Only,” and return receipt demanded, addressed to the register or clerk of the court in which the proceeding is pending. The publication notice provided in Section 6-6-564 shall in all respects serve as notice to unknown parties whose whereabouts are not known and parties who conceal themselves so that the process cannot be served on them, and no other advertising or other form of notice shall be required as to such parties. However, the register or clerk shall take the same form of affidavit as to such parties as is required under the Alabama Rules of Civil Procedure.

(Acts 1923, No. 526, p. 699; Code 1923, §9914; Code 1940, T. 7, §1118; Acts 1951, No. 882, p. 1521, §3.)

§ 6-6-564 Publication of Notice

Notice of the pendency of the complaint provided for in Section 6-6-561 shall be drawn and signed by the register or clerk of the court in which the proceeding is pending, and the register or clerk shall have such notice published once a week for four consecutive weeks in some newspaper having general circulation and published in the county where the lands lie or, if no newspaper is published in said county, then in such a newspaper published in an adjoining county; if no such newspaper is published in an adjoining county, then in such a newspaper published in the county nearest to the county where said lands lie. Each circuit court in the state must prescribe, by a rule of the court or by a separate order made in each case, in what newspaper such publications may be made.

(Acts 1923, No. 526, p. 699; Code 1923, §9915; Code 1940, T. 7, §1119.)

§ 6-6-565 Time to Answer; Default Judgments

All defendants shall have 30 days from the date of service to answer the complaint, and those served by publication shall have 30 days after the perfection of such service so to answer. In default of answers by any defendants, judgments by default shall be entered against them, in accordance with civil practice.

(Acts 1923, No. 526, p. 699; Code 1923, §9914; Code 1940, T. 7, §1118; Acts 1951, No. 882, p. 1521, §3.)

§ 6-6-566 Prima Facie and Conclusive Evidence of Title

(a) Against all parties to the complaint who have made no answer thereto within the time allowed for such purpose and against all persons not intervening in said case and claiming an interest in said lands prior to the time the case became at issue, proof of actual, peaceable possession by the plaintiff and color of title to said lands in the plaintiff shall be conclusive evidence of title to said lands in the plaintiff.

(b) Against all persons who have neither paid any taxes upon said lands nor had any possession thereof, or of any part thereof, during the five years next preceding the filing of the complaint, against all parties to the complaint who have made no answer thereto within the time allowed for such purpose and against all persons not intervening in said case and claiming an interest in said lands prior to the time the case became at issue, proof of color of title to said lands in the plaintiff or in the plaintiff and those through whom he claims title, and payment of taxes during said five-year period by the plaintiff or by the plaintiff and those through whom he claims title, or proof of exclusive payment of taxes by the plaintiff or by the plaintiff and those through whom he claims title, during said five-year period shall be prima facie evidence of title to said lands in the plaintiff.

(c) Against all persons who have neither paid any taxes upon said lands nor had any possession thereof, or of any part thereof, during the 10 years next preceding the filing of the complaint, against all parties to the complaint who have made no answer thereto within the time allowed for such purpose and against all persons not intervening in said case and claiming an interest in said lands prior to the time the case became at issue, proof of color of title to said lands in the plaintiff or in the plaintiff and those through whom he claims title, and payment of taxes during said 10-year period by the plaintiff or by the plaintiff and those through whom he claims title, or proof of exclusive payment of taxes by the plaintiff or by the plaintiff and those through whom he claims title, during said 10-year period, shall be conclusive evidence of title to said lands in the plaintiff.

(Acts 1923, No. 526, p. 699; Code 1923, §9919; Code 1940, T. 7, §1123; Acts 1951, No. 882, p. 1521, §6.)

§ 6-6-567 Interest or Title to Be Shown by Legal Evidence

The allegations of the complaint shall not be taken as confessed for the failure of any person to answer the complaint, and in all cases, the interest or title sought to be established in or to the lands must be shown by legal evidence.

(Acts 1923, No. 526, p. 699; Code 1923, §9920; Code 1940, T. 7, §1124.)

§ 6-6-568 Intervention

Any person may, during the pendency of proceedings under this division, and at any time before the entry of the final judgment hereunder, intervene in said action and file a claim therein, and propound his title to the property described in the complaint or to the interest therein sought to be established.

(Acts 1923, No. 526, p. 699; Code 1923, §9924; Code 1940, T. 7, §1128; Acts 1951, No. 882, p. 1521, §8.)

§ 6-6-569 Judgment - Contents

If, upon the hearing of the case set out under Section 6-6-561, the title to the lands or any part of the lands described in the complaint or any interest claimed by the plaintiff, counterclaimant, or claimant, in said property, or any part thereof, be duly proved, the court shall adjudge the title to such property, or the interest therein, claimed in the complaint to be in the plaintiff, counterclaimant, or claimant, or partly in one and partly in the other, specifying the part in or to which each has title or interest, and such judgment shall be binding and conclusive on all parties made defendant in said case.

(Acts 1923, No. 526, p. 699; Code 1940, T. 7, §1126; Acts 1951, No. 882, p. 1521, §7.)

§ 6-6-570 Judgment - Recordation

(a) The court, in the judgment, shall order that a certified copy of the judgment be recorded in the office of the judge of probate for the county in which the lands lie, and direct in whose names the judgment shall be indexed on the direct index and in whose names the judgment shall be indexed on the indirect index of the record.

(b) Within 30 days after the judgment becomes final, with no possibility of post-trial motions or appellate review, the judge of probate shall accept from the prevailing counsel or party a certified copy of the judgment in the office of the judge of probate for record and tax the expense thereof as part of the cost of the case. The judge of probate shall record the copy in the same book and manner in which deeds are recorded and index the same as in the judgment ordered or directed. The judgment shall be binding upon all persons except as is provided in this division.

(Acts 1923, No. 526, p. 699; Code 1923, §9923; Code 1940, T. 7, §1127; Act 2023-520, §1.)

§ 6-6-571 Assessment of Costs

AMENDED BY ACT 2026-536, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE.

The court shall have the power to assess the cost of a hearing held pursuant to the terms of this division, including the fee of the guardian ad litem, to the plaintiffs; provided, that should some of the defendants file counterclaims or should certain persons intervene, the cost shall be assessed by the court as justice may require.

(Acts 1951, No. 882, p. 1521.)

§ 6-6-572 To Whom Title or Interest Inures

When title or interest is established in anyone under the provisions of this division, it shall inure to the benefit of all persons who derive title to said lands, or any interest, from or through the person in whose favor such title or interest is so established, and such title or interest shall be at all times treated and considered as though it had been established in favor of the person so procuring or deriving title.

(Acts 1923, No. 526, p. 699; Code 1923, §9927; Code 1940, T. 7, §1131.)

§ 6-6-573 Remedy and Procedure Cumulative

The remedy and procedure mentioned in this division shall be cumulative and not exclusive of any other proceedings to quiet title to real property.

(Acts 1923, No. 526, p. 699; Code 1923, §9928; Code 1940, T. 7, §1132.)

Article 13 Quo Warranto

§ 6-6-590 Right of Action and Venue - Vacating Charter or Annulling Existence of Corporation

(a) An action may be commenced under this article, in the name of the state, against the offending corporation, on the information of any person for the purpose of vacating the charter or annulling the existence of any corporation, other than municipal, whenever such corporation:

(1) Offends against any of the acts creating, altering, or renewing such corporation;

(2) Violates the provisions of any law, by which such corporation forfeits its charter, by abuse of its powers;

(3) Has forfeited its privileges or franchises by failure to exercise its powers;

(4) Has done or omitted any act which amounts to a surrender of its corporate rights, privileges, and franchises; or

(5) Exercises a franchise or privilege not conferred on it by law.

(b) The judge of the circuit court, whenever he believes that any of the acts or omissions specified in subsection (a) of this section can be proved and it is necessary for the public good, must direct the district attorney to commence an action, or an action may be commenced without the direction of the judge on the information of any person giving security for the costs of the action, to be approved by the clerk of the court in which the action is commenced.

(c) Actions under this section must be commenced in the circuit court of the county in which the corporation has its principal office or, if it has no principal office, of any county in which it does business; or if it has no principal office and is doing no business in the state, such action may be commenced in any county.

(Code 1852, §§2651-2653; Code 1867, §§3079-3081; Code 1876, §§3419-3421; Code 1886, §§3167-3169; Code 1896, §§3417-3419; Code 1907, §§5450-5452; Code 1923, §§9929-9931; Code 1940, T. 7, §§1133-1135.)

§ 6-6-591 Right of Action and Venue - Usurpation, Etc., of Office or Franchise, Etc

(a) An action may be commenced in the name of the state against the party offending in the following cases:

(1) When any person usurps, intrudes into or unlawfully holds or exercises any public office, civil or military, any franchise, any profession requiring a license, certificate, or other legal authorization within this state or any office in a corporation created by the authority of this state;

(2) When any public officer, civil or military, has done or suffered any act by which, under the law, he forfeits his office; or

(3) When any association, or number of persons, acts within this state as a corporation without being duly incorporated.

(b) The judge of the circuit court may direct the action to be commenced when he believes that any of the acts specified in subsection (a) of this section can be proved and it is necessary for the public good, or it may be commenced without the direction of such judge on the information of any person giving security for the costs of the action, to be approved by the clerk of the court in which the action is brought.

(c) An action under this section must be commenced in the circuit court of the county in which the acts are done or suffered or, if to try the right to a corporate office, in the circuit court of the county in which the corporation has its principal office or, if it has no principal office, in any county in which it does business.

(Code 1852, §§2654-2656; Code 1867, §§3082-3084; Code 1876, §§3422-3424; Code 1886, §§3170, 3171; Code 1896, §§3420-3422; Code 1907, §§5453-5455; Code 1923, §§9932-9934; Code 1940, T. 7, §§1136-1138.)

§ 6-6-592 Complaint to Be Clear and Concise

The complaint in an action under this article must concisely and clearly set forth the act or omission complained of.

(Code 1852, §2660; Code 1867, §3088; Code 1876, §3428; Code 1886, §3174; Code 1896, §3428; Code 1907, §5461; Code 1923, §9940; Code 1940, T. 7, §1144.)

§ 6-6-593 Court Always Open; Return of Summons; Setting of Case for Trial; Trial by Court or Jury

(a) The court is at all times open for the trial of a case or the granting of orders therein. The summons shall be returnable 10 days from the date of issuance, and if five days’ service is not had before such return day, the summons is returnable to the first day after the expiration of five days after such service. If such return day shall be a day of any regular or special session of the court, the case stands for trial on the next day after the return day, unless good cause shall be shown for further delay; but if such return day does not fall within a regular or special session, the judge must fix a day for the hearing, of which the clerk must notify the parties or their attorneys; and on such day the case may be tried or, for good cause shown or by consent of parties and the approval of the court, may be continued to another day.

(b) The case specified in this section must be tried by the court without a jury unless a jury is demanded in writing either by the informant at the time of filing the information or by the defendant at the time of filing the answer, but by the consent of both parties a trial by jury may be had where previously waived or may be waived where previously demanded by either party. If need be, the court or judge may order the sheriff to summon the requisite number of persons to serve as jurors.

(Code 1896, §§3424, 3425; Code 1907, §§5457, 5458; Code 1923, §§9936, 9937; Code 1940, T. 7, §§1140, 1141.)

§ 6-6-594 Joinder - Alleged Corporation as Party Defendant

When the action is against persons acting as a corporation without being duly incorporated, the alleged corporation may be joined as a party defendant, and such joinder does not admit its corporate existence or otherwise prejudice the case of the plaintiff. A judgment and execution may go against it by its alleged corporate name, as in other cases.

(Code 1896, §3423; Code 1907, §5456; Code 1923, §9935; Code 1940, T. 7, §1139.)

§ 6-6-595 Joinder - Informant

Whenever an action is commenced under the provisions of this article on the information of any person, his name must be joined as plaintiff with the state.

(Code 1852, §2657; Code 1867, §3085; Code 1876, §3425; Code 1886, §3172; Code 1896, §3426; Code 1907, §5459; Code 1923, §9938; Code 1940, T. 7, §1142.)

§ 6-6-596 Effect of Informant’s Death

On the death of the informant pending the action, it may be continued in the name of the surviving informant or of any person who, on application, having first given security for the costs, is substituted in his place; but, on the death of all the informants, if no person is substituted in their place, the action shall be dismissed.

(Code 1852, §§2658, 2659; Code 1867, §§3086, 3087; Code 1876, §§3426, 3427; Code 1886, §3173; Code 1896, §3427; Code 1907, §5460; Code 1923, §9939; Code 1940, T. 7, §1143.)

§ 6-6-597 Addition of Person Rightly Entitled to Office; Entry of Judgment on Such Right; Delivery of Books, Papers, and Property

(a) When the action is commenced against a person for usurping an office, the name of the person rightly entitled to the office, with a statement of his right thereto, may be added, and, when added, judgment may be entered upon the right of the defendant and also upon the right of the party so alleged to be entitled or only upon the right of the defendant, as justice may require.

(b) If judgment is entered upon the right of the person so alleged to be entitled and the same is in favor of such person, he is entitled, after taking the oath of office and executing such official bond as may be required, to take upon himself the execution of the office, and it is his duty, immediately thereafter, to demand of the defendant all the books, papers, and property in his custody, or within his power, belonging to the office. On refusal or neglect to deliver over the same, he may be proceeded against as is prescribed by the provisions of this Code to compel the delivery of books, papers, property, and money by public officers to successors.

(Code 1852, §§2661-2663; Code 1867, §§3089-3091; Code 1876, §§3429-3431; Code 1886, §§3175, 3176; Code 1896, §§3429, 3430; Code 1907, §§5462, 5463; Code 1923, §§9941, 9942; Code 1940, T. 7, §§1145, 1146.)

§ 6-6-598 Validity of Election Not Triable

The validity of an election which may be contested under this Code cannot be tried under the provisions of this article.

(Code 1852, §2664; Code 1867, §3092; Code 1876, §3432; Code 1886, §3177; Code 1896, §3431; Code 1907, §5464; Code 1923, §9943; Code 1940, T. 7, §1147.)

§ 6-6-599 Judgment - Dissolving Corporation and Excluding Same from Corporate Rights, Etc

If it is adjudged that a corporation against which an action has been commenced under this article has, by neglect, abuse or surrender, forfeited its corporate rights, privileges, and franchises, judgment must be entered that the corporation be excluded from such corporate rights, privileges, and franchises and be dissolved, and judgment for costs must be entered against the persons claiming to be such corporation and the directors or managers thereof, as established by the evidence. Execution shall be issued on such judgment at the expiration of five days from the date thereof, unless the defendant or the persons claiming to be such corporation shall, within such time, take an appeal to the supreme court.

(Code 1852, §2666; Code 1867, §3094; Code 1876, §3434; Code 1886, §3179; Code 1896, §3433; Code 1907, §5466; Code 1923, §9945; Code 1940, T. 7, §1149.)

§ 6-6-600 Judgment - Excluding Defendant from Office or Franchise or Prohibiting Practice of Profession

When a defendant, whether a natural person or a corporation, against whom such action has been commenced, is adjudged guilty of usurping or intruding into, or unlawfully holding or exercising, any office or franchise or unlawfully practicing any profession, judgment must be entered that such defendant be excluded from the office or franchise or be prohibited from practicing such profession and that the plaintiff recover costs against such defendant. Execution shall be issued on such judgment at the expiration of five days from the date thereof, unless the defendant shall, within such time, take an appeal to the supreme court. Any violation of any such order shall be a contempt of court.

(Code 1852, §2665; Code 1867, §3093; Code 1876, §3433; Code 1886, §3178; Code 1896, §3432; Code 1907, §5465; Code 1923, §9944; Code 1940, T. 7, §1148.)

§ 6-6-601 Costs - Assessment

If an action under this article is maintained by the state alone and judgment is for the defendant or the defendant is insolvent, the witnesses are paid as in other state cases, but if any person is joined with the state as informant, judgment must be entered against him for the costs if entered for the defendant.

(Code 1852, §2667; Code 1867, §3095; Code 1876, §3435; Code 1886, §3180; Code 1896, §3434; Code 1907, §5467; Code 1923, §9946; Code 1940, T. 7, §1150.)

§ 6-6-602 Costs - Liability of Informant’s Sureties

(a) On the dismissal of the action, judgment must be entered against the sureties of the informant for the costs.

(b) In all cases under this article, in which judgment is entered against the informant for costs, execution may issue therefor against his sureties.

(Code 1852, §§2668, 2669; Code 1867, §§3096, 3097; Code 1876, §§3436, 3437; Code 1886, §§3181, 3182; Code 1896, §§3435, 3436; Code 1907, §§5468, 5469; Code 1923, §§9947, 9948; Code 1940, T. 7, §§1151, 1152.)

§ 6-6-603 Appeals - Generally

The state, informant, or defendant may appeal to the Supreme Court in accordance with the Alabama Rules of Appellate Procedure.

(Code 1852, §2670; Code 1867, §3098; Code 1876, §3438; Code 1886, §3183; Code 1896, §3437; Code 1907, §5470; Code 1923, §9949; Code 1940, T. 7, §1153.)

§ 6-6-604 Appeals - Stay of Execution on Judgment

If the defendant is adjudged guilty of usurping or intruding into, or unlawfully holding or exercising, any public office, civil or military, or any office in a corporation created by the authority of this state or unlawfully practicing any profession requiring a license, the appeal does not stay the execution of the judgment unless the party appealing shall execute bond, as prescribed in Rule 8 of the Alabama Rules of Appellate Procedure, payable to the State of Alabama.

(Code 1896, §3438; Code 1907, §5471; Code 1923, §9950; Code 1940, T. 7, §1154.)

Article 14 Receivers

§ 6-6-620 Appointment - Power of Circuit Court Judge, Register, or Clerk

Receivers may be appointed by the circuit court judge and by the register or clerk in the absence of the judge, upon application in writing. When the application is made to the register or clerk, reasonable notice of the time of such application and the person to whom it will be submitted must be given, or a good reason shown to the register or clerk for the failure to give the same.

(Code 1852, §2986; Code 1867, §3441; Code 1876, §3881; Code 1886, §3534; Code 1896, §799; Code 1907, §5726; Code 1923, §10113; Code 1940, T. 7, §1156.)

§ 6-6-621 Appointment - Appeal When Appointed by Register or Clerk

When an order appointing a receiver is made by the register or clerk, it shall be subject to appeal to the circuit judge, which may be heard at any time. Such order must be suspended whenever the appellant enters into bond with sufficient sureties, to be approved by the register or clerk, in such sum as he shall prescribe, payable to the appellee and conditioned to pay the appellee all such costs and damages as he may sustain in case the appeal is not prosecuted to effect.

(Code 1867, §§730, 731; Code 1876, §§639, 640; Code 1886, §3535; Code 1896, §800; Code 1907, §5727; Code 1923, §10114; Code 1940, T. 7, §1157.)

§ 6-6-622 Appointment - Posting of Bond by Applicant; Recovery Upon Bond

(a) When application is made to the circuit judge, register, or clerk for the appointment of a receiver, such circuit judge, register, or clerk must, before making such appointment, require the applicant to enter into bond, with surety, in such sum as the circuit judge, register, or clerk may prescribe, payable to the opposite party, and to be approved by the judge, register or clerk, with condition to pay all damages which any person may sustain by the appointment of the receiver if such appointment is vacated or receiver removed or discharged because improvidently appointed.

(b) Any person damaged by the appointment of the receiver in the event such appointment is vacated or discharged, as provided in subsection (a) of this section, may recover, by an action upon such bond, in his own name, all damages so sustained, not exceeding the penalty of the bond.

(Code 1896, §§801, 802; Code 1907, §§5728, 5729; Code 1923, §§10115, 10116; Code 1940, T. 7, §§1158, 1159.)

§ 6-6-623 Appointment - Partnerships; Power of Court to Make Orders Relative to Partnership Business, Etc.; Modification or Vacation of Appointment or Orders

(a) When any partnership shall be dissolved and the partners cannot agree upon the disposition of the partnership effects and the settlement of the affairs of such partnership, either of them may apply to the circuit court for the county in which either of said partners resides or in which the property of such partnership is situated for the appointment of a receiver to hold the business and all of the estate, both real and personal, belonging to such partnership and dispose of, manage and apply the same as the said court may direct. Upon receiving such application, said court shall forthwith appoint a day for the hearing upon the same and shall make such order relative to notice of such application and of the hearing to the other partners as may be deemed proper. The hearing shall be at least six days from the service of such order or notice, and such court, upon said hearing, may appoint a receiver for said partnership who shall be subject to the orders of said court.

(b) The said court shall have the power to make such orders relative to the management or closing up of the business of such partnership and to the sale, division, or other disposal of its real and personal estate as may be necessary to protect the rights and interests of each partner and of the creditors of such partnership.

(c) Upon the appointment of a receiver for a partnership, he shall be entitled to the immediate possession and control of all its property, both real and personal, subject to the order of said court; but any such appointment or any order of said court may be modified or vacated on the application to said court of any party to such proceedings, reasonable notice of such application and of the time and place of the hearing thereon having first been given to every other party.

(Code 1923, §§10119-10121; Code 1940, T. 7, §§1162-1164.)

§ 6-6-624 Appointment - Dissolution of Attachments and Levies of Executions Against Corporations or Partnerships

The commencement of proceedings for the appointment of a receiver of a corporation or a partnership shall dissolve all attachments and all levies of executions not completed made within 60 days next preceding on the property of such corporation or partnership; but if the property is subsequently taken from the receiver so that it cannot be made subject to the orders of the court in the settlement of the affairs of said corporation or partnership or if the receivership shall be terminated by order of the court pending the settlement of the affairs of the corporation or partnership, said attachments and levies of execution shall revive, and the time from the commencement of such proceedings to the time when the receiver shall be dispossessed of the property, or the finding of the court that said property is not subject to the orders of said court or when said trust shall be terminated shall be excluded from the computation in determining the continuance of the lien created by such attachment; but the attachment or levying creditors shall be allowed the amount of their legal costs accruing before the time of the appointment of a receiver as a preferred claim against the estate of said corporation or partnership if their respective claims upon which the attachments are founded shall, in whole or in part, be allowed.

(Code 1923, §10124; Code 1940, T. 7, §1167.)

§ 6-6-625 Payment of Salaries, Commissions, and Wages Before General Liabilities of Corporation or Partnership Paid

Every debt due to any person on a salary or commission basis or any laborer or mechanic for personal wages from any corporation or partnership for which a receiver shall be appointed for any labor performed for such corporation or partnership within three months next preceding the service of the application for the appointment of a receiver shall be paid in full by the receiver, to the amount of not exceeding $300, before the general liabilities of such corporation or partnership are paid.

(Code 1923, §10122; Code 1940, T. 7, §1165.)

§ 6-6-626 Commencement of Actions Against Receivers or Managers of Property

A receiver or manager of property, appointed by any court, may have an action commenced against him in respect to any act or transaction of his in carrying on the business connected with such property in this state without the previous leave of the court in which such receiver or manager was appointed.

(Code 1896, §803; Code 1907, §5730; Code 1923, §10117; Code 1940, T. 7, §1160.)

§ 6-6-627 Service of Process on Foreign or Domestic Receivers

In actions against foreign or domestic receivers holding, owning, claiming, or operating property in this state, the summons and complaint may be executed by the delivery of a copy thereof to the receiver if he is found within the state or, upon affidavit being made by the plaintiff, his agent, or attorney that the receiver cannot be found within the state, then service may be had by leaving a copy of the summons and complaint with any agent in the employ of such receiver; and, if there are two or more receivers of the same estate, firm, person, or corporation, service upon one of such receivers or his agent, as provided in this section, is sufficient.

(Code 1896, §804; Code 1907, §5731; Code 1923, §10118; Code 1940, T. 7, §1161.)

§ 6-6-628 Removal and Filling of Vacancies

Receivers may be removed at any time at the pleasure of the court by which they were appointed, and if any receiver is removed, declines to act or dies, the court that appointed him may fill the vacancy.

(Code 1923, §10123; Code 1940, T. 7, §1166.)

Article 15 Remedial Writs

§ 6-6-640 Commencement by Petition; Answer Thereto; Amendments; Relief Upon Issues Presented

(a) All applications for mandamus, prohibition, certiorari, or other remedial writ of a supervisory nature shall be commenced by a petition, verified by affidavit, in which the facts shall be stated as briefly and succinctly as the case will admit of, and any defendant may answer as to all such matters as may be necessary to his defense; any of the pleadings in such proceedings may be amended as often as occasion may require to attain the ends of justice and by striking out parties and adding new parties; and upon the issues thus presented, the court shall award the relief, if any, to which the petitioner is entitled.

(b) In any such proceeding, the answer shall not be conclusive, but the truth or sufficiency thereof may be put in issue and controverted.

(Code 1886, §§3128, 3159; Code 1896, §§2825, 2826; Code 1907, §§4804, 4805; Code 1923, §§8978, 8979; Code 1940, T. 7, §§1072, 1073.)

§ 6-6-641 Appeals

From the final judgment of any circuit court in any such proceeding, an appeal shall lie to the appropriate appellate court as in other cases.

(Code 1886, §3160; Code 1896, §2827; Code 1907, §4866; Code 1923, §8980; Code 1940, T. 7, §1074.)

§ 6-6-642 Effect of Article

The common law, as now in force in this state, touching any of the matters embraced in this article, is not repealed, but left in full force, the true intent and meaning of this article being to provide a plain, more speedy, and less expensive mode of procedure in all cases to which it applies; nor is anything contained in this article intended to repeal, alter, or change any statute of this state now in force in reference to proceedings for habeas corpus or mandamus.

(Code 1886, §3166; Code 1896, §2833; Code 1907, §4872; Code 1923, §8986; Code 1940, T. 7, §1080.)

Article 16 Statutory Summary Proceedings Involving Officials

Division 1 General Provisions

§ 6-6-660 Notice of Motion for Judgment

Judgment may be entered summarily against the persons and for defaults stated in this article, upon notice in writing by the party aggrieved that a motion will be made for judgment, succinctly stating in such notice the cause for which such motion will be made and the court, the time and the place the motion will be submitted.

(Code 1852, §2596; Code 1867, §3025; Code 1876, §3351; Code 1886, §3095; Code 1896, §3763; Code 1907, §5899; Code 1923, §10226; Code 1940, T. 7, §591.)

§ 6-6-661 Venue

The summary remedies given in this article must be enforced in the manner following, except in cases otherwise specially provided in this article:

(1) When the motion is against a sheriff, coroner, clerk, or other officer of court, or their sureties, the motion must be made in the circuit court of the county in which such officer was acting officially at the time of the default or in the court to which the process was returnable when the default consists in the failure to execute or return process or to pay over money collected thereon; and

(2) In all other cases not specially provided for, the motion must be made in the circuit court of the county in which the person moved against resides or, if he has no permanent residence, then in any county where he may be found.

(Code 1852, §2600; Code 1867, §3029; Code 1876, §3355; Code 1886, §3099; Code 1896, §3767; Code 1907, §5903; Code 1923, §10230; Code 1940, T. 7, §594.)

§ 6-6-662 Parties

The motion may be made by the party aggrieved or his legal representative against the person in default and the sureties upon his official bond, and the judgment must be entered against such of the parties, whether principal or surety, as may have received notice of the intended motion.

(Code 1852, §2597; Code 1867, §3026; Code 1876, §3352; Code 1886, §3096; Code 1896, §3764; Code 1907, §5900; Code 1923, §10227; Code 1940, T. 7, §592.)

§ 6-6-663 Hearing and Determination

Unless in cases otherwise directed by this article, the court must hear and determine the motion and enter judgment upon the evidence without a jury unless an issue is tendered and a jury trial demanded, when a jury must be immediately impaneled to try the facts, unless good cause shall be shown for a continuance.

(Code 1852, §2599; Code 1867, §3028; Code 1876, §3354; Code 1886, §3098; Code 1896, §3766; Code 1907, §5902; Code 1923, §10229; Code 1940, T. 7, §593.)

Division 2 Sheriffs, Coroners and Other Officers

§ 6-6-680 Judgment Against Sheriff, Etc., Receiving or Executing Writ

Judgment must be entered for the plaintiff, on three days’ notice, against the sheriff, coroner, or other officer receiving or executing the writ in the following cases:

(1) For failing to return an execution, 20 percent on the judgment;

(2) For failing to pay over money collected upon an execution, on demand of the plaintiff, his agent, or attorney, for the amount so collected and five percent per month damages from the time such demand was made;

(3) For failing to make the money on an execution, which by due diligence could have been made, for the amount of the execution, interest, and 10 percent damages thereon;

(4) For fraudulently making a false return, for the amount of the execution, interest, and 10 percent damages thereon;

(5) For failing to notify the plaintiff, his agent, or attorney of the collection of money by execution, for five percent per month on the amount collected from the time when the notice should have been given, not to exceed $25 per month;

(6) For failing to endorse on an execution the true date of its delivery to him, for 10 percent on the amount of the execution, and the officer is also responsible for any injury or loss which may arise from such omission; and

(7) For failure to execute a summons, attachment, or other mesne process, which by due diligence could have been executed, for a sum not less than $50, nor more than $500, to be ascertained by a jury. This remedy shall not preclude the party injured from a resort to other legal modes of redress.

(Code 1852, §§2601-2607; Code 1867, §§3031-3037; Code 1876, §§3356-3362; Code 1886, §§3100-3106; Code 1896, §§3768-3774; Code 1907, §§5904-5910; Code 1923, §§10231-10237; Code 1940, T. 7, §595.)

§ 6-6-681 Judgment in Favor of Defendant

Judgment must, in like manner, be entered in favor of the defendant in execution against the sheriff or coroner, on three days’ notice, in the following cases:

(1) For failure to pay over on demand any excess of money which may remain upon a sale under execution after satisfaction thereof and of the costs, for the amount of such excess and five percent per month after demand;

(2) For failing to return an execution wholly or partially satisfied, for 25 percent on the amount paid; and

(3) For failing to pay over on demand money paid or collected on an execution, the whole or any part of which is enjoined, for the amount so enjoined and five percent per month on the amount from the time of the demand.

(Code 1852, §§2608-2611; Code 1867, §§3038-3041; Code 1876, §§3363-3366; Code 1886, §§3107-3110; Code 1896, §§3775-3778; Code 1907, §§5911-5914; Code 1923, §§10238-10241; Code 1940, T. 7, §596.)

§ 6-6-682 Judgment in Favor of Clerk of Appellate Court; Copy of Execution and Certification of Clerk as Evidence

(a) Judgment must, in like manner, be entered in favor of the clerk of an appellate court against the sheriff or coroner, on three days’ notice:

(1) For failure to return an execution from that court;

(2) For making a false return thereon;

(3) For failing to make the money thereon when by due diligence it could have been made; or

(4) For failing on demand to pay over money collected on execution, for the penalties prescribed in this division for the same defaults on executions issued from the circuit court.

(b) On the trial of the motion by such clerk, a copy of the execution made and certified by him with the return thereon, if any was made, or a statement that no return was made, if such be the fact, together with his certificate that the execution was received by the sheriff or sent to him by mail is evidence of the facts so certified, without producing a transcript of the record from the proceedings of an appellate court, and also presumptive evidence that the writ was received by the sheriff, unless he states, under oath in writing, that he never received the writ or that he returned it according to law.

(Code 1852, §§2612-2614; Code 1867, §§3042-3044; Code 1876, §§3367-3369; Code 1886, §§3111-3112; Code 1896, §§3779, 3780; Code 1907, §§5915, 5916; Code 1923, §§10242, 10243; Code 1940, T. 7, §§597, 598.)

§ 6-6-683 Judgment Against Officer Accepting Substitute for Juror or Serving Person Other Than One to Be Drawn

Any officer who accepts or receives a substitute for any person drawn as a juror or whom he is directed to summon as a juror or who intentionally serves any other person than the one drawn as a juror or whom he is directed to summon as a juror must be fined $50, to be recovered on motion by the district attorney, in the name of the state, in the circuit court of the county in which the offense is committed, on five days’ notice, one half of which shall be for the use of the county and the other half for the use of the district attorney.

(Code 1876, §3371; Code 1886, §3113; Code 1896, §3781; Code 1907, §5917; Code 1923, §10244; Code 1940, T. 7, §599.)

§ 6-6-684 Entry of Judgment in Favor of Sheriff or Coroner

(a) Judgment must, in like manner, be summarily entered in favor of the sheriff or coroner, on three days’ notice of the pendency of the action:

(1) Against the obligors on bonds given to indemnify such officer for levying an execution or attachment or for making sale of property so levied on or attached after judgment against him for making such levy or sale, for the amount entered against such officer, with interest from the date of judgment against him.

(2) Against the deputy of the sheriff or coroner and his sureties, or either of them, for the amount of any judgment entered against the sheriff or coroner for the default of such deputy, with interest from date of judgment against him.

(b) Judgment must, in like manner, be summarily entered in favor of the sheriff, on three days’ notice, against the judge of probate, for the amount of any fees received by him for such sheriff for the service of citations, notices, or other process in relation to estates of deceased persons or minors which, on demand, have not been paid over, with five percent per month from the time of such demand.

(Code 1852, §2615; Code 1867, §§813, 3045; Code 1876, §§3374, 3375; Code 1886, §§3114, 3115; Code 1896, §§3782, 3783; Code 1907, §§5918, 5919; Code 1923, §§10245, 10246; Code 1940, T. 7, §§600, 601.)

Division 3 Clerks and Registers

§ 6-6-700 Entry of Judgment Against Clerk, Register, or Their Sureties

Judgment must, in like manner, be summarily entered against the clerk of the circuit court and his sureties, or either of them, and against the register in circuit court and his sureties, or either of them, on three days’ notice, in the following cases:

(1) In favor of the plaintiff in execution for failure to enter on the execution docket the return made upon an execution by the proper officer, within three days after the return is made, for 20 percent on the amount of the execution and interest thereon;

(2) For failing on demand to pay over money received by him on any judgment or paid into court, on a plea of tender, other plea, or by rule of court, for the sum so received by him with five percent per month on the amount from the time of the demand;

(3) For failing to notify the plaintiff, his agent, or attorney under the provisions of Section 6-9-92, which are made to apply to such clerk, of the collection of money upon judgments, for five percent per month on the amount collected, from the time when the notice should have been given, not to exceed $25 per month;

(4) For failing to issue execution as required by Section 6-9-23, within the time prescribed by law or at any time subsequent on the request of the party interested, his agent, or attorney or for failing to issue execution within five days on any bond returned forfeited and upon which execution may rightfully issue and upon any judgment remanded from the supreme court, for 20 percent on the amount of the judgment;

(5) In favor of the party entitled thereto for failing, on demand, to pay over money received by him under Rule 22, Alabama Rules of Civil Procedure, for the amount so paid and five percent damages thereon per month from the time of the demand;

(6) In favor of the state, in the circuit court held at the seat of government or of the county in which the clerk or any surety proceeded against resides, on 10 days’ notice, in the following cases:

a. For failing to issue execution for any forfeiture belonging to the state treasury within the time prescribed, for $200; and

b. For failure to pay into the State Treasury any fine, penalty, or forfeiture belonging thereto received by such clerk within one month after it was received by him, for the amount so received and 10 percent damages thereon; and

(7) In favor of the state, on three days’ notice, in the circuit court of the county of such clerk, for the neglect of the duty imposed by Section 12-17-96, for not less than $100 nor more than $500, at the discretion of the court.

(Code 1852, §§2616-2623, 2625, 2626; Code 1867, §§770, 3046-3054, 3056, 3057; Code 1876, §§3376-3384, 3386-3388; Code 1886, §§3116-3127; Code 1896, §§3784-3795; Code 1907, §§5920-5931; Code 1923, §§10247-10258; Code 1940, T. 7, §§602-613.)

Division 4 Officers and Other Persons Receiving Public Moneys

§ 6-6-720 Entry of Summary Judgment in Favor of State Against Certain Defaulters or Sureties

Summary judgment must be entered in favor of the state against the defaulters named in this section and their sureties, or either, in any court of the county of their residence having jurisdiction, on 10 days’ notice, in the following cases:

(1) Against any tax assessor for making up a false or fraudulent assessment, in each case, for not more than $500, and such tax assessor may also be imprisoned in the county jail for not exceeding three months;

(2) Against any county treasurer or county depositaries, or any officer or agency of the county charged with the duty and custody of receiving and paying out county funds, for failing to pay over the excess of purchase money as provided in the revenue law to the former owner of any property sold for taxes, for not less than $200;

(3) Against any judge of probate for failing to make out and forward abstracts, reports, or returns according to the requirements of the revenue law, for not more than $500;

(4) Against any tax collector for knowingly collecting more taxes from a taxpayer than authorized by law or justified by the assessment, in each case, for not more than $500; and

(5) Against any tax collector for not paying over surplus of sale of any property sold by him for the payment of taxes as required by law, for not more than $100.

(Code 1876, §3392; Code 1886, §3132; Code 1896, §3800; Code 1907, §5936; Code 1923, §10263; Code 1940, T. 7, §618.)

§ 6-6-721 Forfeiture of Half of Compensation by Tax Collector, Tax Assessor, or Probate Judge for Failure to Discharge Duties

Any tax collector, tax assessor, or judge of probate who knowingly and willfully neglects to discharge any of his duties as required in the revenue law shall forfeit one half of his compensation under that law for the use of the county, which may be recovered on motion in the circuit court of the county on 10 days’ notice. It shall be the duty of the district attorney to make such motion, but any other person may make it.

(Code 1876, §3394; Code 1886, §3133; Code 1896, §3801; Code 1907, §5937; Code 1923, §10264; Code 1940, T. 7, §619.)

§ 6-6-722 Judgment Against County Treasurer, Etc., Failing to Pay Allowed Claim

If any county treasurer or other custodian of county funds fails, on demand and without good excuse, to pay an allowed claim against the county when there are funds in the treasury to pay the same, judgment may be obtained against him and his sureties, or any or either of them, on five days’ notice, on motion in the circuit court of the county, in the name of the party to whom the claim is payable, his legal representatives or assigns for the amount of the claim, with interest from the time of the demand and 10 percent damages and costs.

(Code 1852, §795; Code 1867, §930; Code 1876, §3395; Code 1886, §3134; Code 1896, §3802; Code 1907, §5938; Code 1923, §10265; Code 1940, T. 7, §620.)

§ 6-6-723 Judgment for Failure to Pay Over Moneys Collected or Received for County

If any tax collector, judge of probate, sheriff, clerk, or other officer or person fails to pay to the county treasurer or other custodian of county funds, within the time prescribed by law or, in case no time is fixed by law, on the demand of such treasurer or other custodian of county funds, any money he has collected or received for the county, judgment may be recovered against such person or such officer and his sureties, or any or either of them, on 10 days’ notice, on motion of such treasurer or other custodian of county funds, in the circuit court in the name of the county, for the amount so collected or received, with interest from the time fixed for the payment or from the demand when no time is fixed and 10 percent damages and costs.

(Code 1852, §785; Code 1867, §920; Code 1876, §3396; Code 1886, §3135; Code 1896, §3803; Code 1907, §5939; Code 1923, §10266; Code 1940, T. 7, §621.)

Division 5 Attorneys-at-Law

§ 6-6-740 Judgment for Failure to Pay Over Money Collected or Deliver Personal Property Recovered in Capacity as Attorney

(a) Judgment may, in like manner, be summarily entered against any attorney-at-law in this state who fails to pay over money collected by him or deliver personal property recovered by him in that capacity, whether by an action or otherwise, on demand made by the person entitled thereto, his agent or attorney for the amount collected or the value of the property recovered, less the amount due the attorney for fees or compensation for services, interest thereon, and damages at the rate of five percent a month, after such demand, on the aggregate amount, in the circuit court of the county in which such attorney resides or, if he has no known place of residence in this state, in the circuit court of any county, on three days’ personal notice; but such attorney may, if a doubt exists as to the right of the person making the demand or if there is a dispute as to the compensation due the attorney for the collection or recovery of the money or property, pay the money into court or turn the property over to the sheriff at the trial of such motion and have such questions there decided without being liable for interest or damages.

(b) The court may require the party claiming the money or property to establish his right thereto and, in determining the question of compensation, may examine both parties. The court may award costs, including the sheriff’s reasonable expenses for preserving the property, at its discretion.

(Code 1852, §§2635-2637; Code 1867, §§3062-3064; Code 1876, §§3402-3404; Code 1886, §§3142, 3143; Code 1896, §§3810, 3811; Code 1907, §§5946, 5947; Code 1923, §§10267, 10268; Code 1940, T. 7, §§622, 623.)

Article 17 Validation of County, City, Etc., Obligations

§ 6-6-750 Definitions

For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:

(1) UNIT. Every county, city, town, district, or other political subdivision in the state of Alabama.

(2) OBLIGATIONS. Bonds, warrants, certificates of indebtedness, and notes of a unit, including bonds, warrants, certificates of indebtedness, and notes that are general obligations of the issuing unit and those that are payable solely from a specified source.

(3) DISTRICT ATTORNEY. The district attorney of the judicial circuit for the county or, if such has been appointed by the district attorney, an assistant district attorney who represents such county.

(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §169; Acts 1971, No. 972, p. 1734.)

§ 6-6-751 Right to File Petition to Determine Validity of Obligations

When any unit desiring to issue any obligations shall hold an election for that purpose in accordance with the provisions of the Constitution and laws of this state controlling and regulating such election and the returns of such election shall show prima facie that such election is in favor of the issuance of such obligations, or when the governing body of any unit, in any case where an election is not required by the Constitution or laws of this state, shall adopt any ordinance or resolution or take any other action required by law for the issuance of obligations of such unit, the governing body of such unit may in its discretion, before the issuance of any of such obligations, determine its authority to issue such obligations and the legality of all proceedings had or taken in connection therewith, the validity of the tax or other means provided for the payment thereof and the validity of all pledges of revenues and of all covenants and provisions contained in any such ordinance or resolution by filing a petition against the taxpayers and citizens of the unit in the circuit court of the county in which such election has been held or other such proceedings have been had or taken.

(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §170.)

§ 6-6-752 Contents of Petition; Order to Show Cause; Service of Petition and Order on District Attorney; Publication of Public Notice

(a) The authority for issuing such obligations, the fact that an election has been held and that such election was in favor of the issuance of such obligations, if an election was required, the ordinances or resolutions authorizing their issuance and the fact of their adoption, and all essential proceedings had or taken in connection therewith, the amount of the obligations to be issued, the maximum rate of interest they are to bear, when principal and interest are to be paid and the place of payment (unless the successful bidder at public sale will have the right to name, designate, request, or suggest the place of payment, which shall be stated if this is the case), the tax or other means provided for their payment, the assessed value of the property in the unit, the amount of outstanding indebtedness incurred and the date or dates when so incurred and the amount in each sinking fund of the unit shall be briefly set out in said petition by appropriate allegations, references, or exhibits.

(b) The judge of said court shall, on the filing and presentation of said petition, issue an order against the taxpayers and citizens of such unit requiring them to show cause at a time and place to be designated in said order, which time shall be not less than 20 days nor more than 40 days after the issuance of such order and which place shall be within the county in which the petition is filed, why said obligations should not be validated and confirmed.

(c) A copy of said petition and order shall be served, at least 18 days before the date fixed in such order for the hearing on the district attorney of the county in which such proceedings are pending. It shall be the duty of the district attorney to examine such petition carefully, and if it appears to him, or if he has any reason to believe, that such petition is defective, insufficient, or untrue, or if it is his opinion that the obligations in question have not been properly authorized or would be in violation of law, that the tax or other means provided for their payment would not be valid or that any pledge or other covenant or provision for the benefit of said obligations would not be valid, then he shall make such defense thereto as to him shall seem proper. Any officer, agent, or employee who has charge, possession, custody, or control of any of the books, papers, or records of said unit shall, on demand of the district attorney, exhibit to him for examination said books, papers, and records and shall, without cost, furnish to him duly authenticated copies of such books, papers, and records which pertain to the proceedings for the issuance of such obligations or which might affect the legality of same or the validity of the tax or the means provided for their payment, as he shall demand.

(d) Prior to the hearing of said case, the register or clerk of said court shall publish, in a newspaper published in the unit, once each week for at least three weeks before the hearing, the first publication to be at least 18 days before such hearing, a notice addressed to the taxpayers and citizens of such unit requiring them, at the time and place specified in the order providing for the hearing of such case, to show cause, if any they have, why said obligations and the tax or other means provided for their payment and any pledges or other covenants, provisions, or agreements for the benefit of said obligations that may be referred to in the petition should not be validated and confirmed; provided, that if no newspaper is published in such unit, then such notice shall be published as aforesaid in a newspaper published in the county or, if no newspaper is published in the county, then in a newspaper published within the state and having a general circulation in such unit. By the publication of such notice, all taxpayers and citizens of such unit shall become parties defendant to said proceedings, and the court shall have jurisdiction of them the same as if each of them were named individually as a party defendant in said petition and personally served with process.

(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §171; Acts 1959, No. 495, p. 1229; Acts 1971, No. 972, p. 1734.)

§ 6-6-753 Hearing and Determination; Contents of Judgment

At the time and place designated in said order, the judge of said circuit court shall proceed to hear and determine all questions of law and of fact in said case, and he shall make such orders as to the proceedings in said case and adjournments as will best conserve the interests of all parties and enable him to enter a judgment with the least possible delay. The judgment shall find the facts specially and shall state separately the judge’s conclusions of law thereon. Any taxpayer or citizen of the unit may appear in such proceedings either personally or by attorney.

(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §172.)

§ 6-6-754 Appeal from Judgment of Circuit Court

Any party to said proceedings, whether petitioner, defendant, or intervenor, dissatisfied with the judgment of the court, may appeal therefrom to the supreme court in accordance with the Alabama Rules of Appellate Procedure.

(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §173.)

§ 6-6-755 Conclusiveness of Judgment Validating and Confirming Issuance

If the circuit court shall enter a judgment validating and confirming the issuance of the obligations and no appeal shall be taken within the time prescribed in Section 6-6-754 or if taken and the judgment validating such obligations shall be affirmed by the Supreme Court, or if the circuit court shall enter a judgment refusing to validate and confirm the issuance of the obligations and on appeal such judgment shall be reversed by the Supreme Court, in which case the Supreme Court shall issue its mandate to the circuit court requiring it to enter a judgment validating and confirming the issuance of the obligations, the judgment of the circuit court validating and confirming the issuance of the obligations shall be forever conclusive as to the validity of such obligations against the unit issuing them and against all taxpayers and citizens thereof, and the validity of such obligations or of the tax or other means provided for their payment shall never be called in question in any court in this state.

(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §174.)

§ 6-6-756 Marking of Validated Obligations

Obligations validated under the provisions of this article shall have stamped or written thereon by the proper officers of such unit the words: “Validated and confirmed by judgment of the Circuit Court of … County, State of Alabama, entered on the … day of …, 19…,” which shall be signed by the register or clerk of the circuit court in which the judgment was entered, and such entry shall be original evidence of said judgment in any court in this state.

(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §175.)

§ 6-6-757 Costs

The costs in any proceeding under this article shall be paid by the unit issuing such obligations.

(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §176.)

Article 18 Alabama Uniform Commercial Real Estate Receivership Act

§ 6-6-780 Short Title

This article shall be known and may be cited as the Alabama Uniform Commercial Real Estate Receivership Act.

(Act 2024-380, §1.)

§ 6-6-781 Definitions

For the purposes of this article, the following terms have the following meanings:

(1) AFFILIATE. a. With respect to an individual:

1. A companion of the individual;

2. A lineal ancestor or descendant, whether by blood or adoption, of either of the following:

(i) The individual.

(ii) A companion of the individual;

3. A companion of an ancestor or descendant described in subparagraph 2.;

4. A sibling, aunt, uncle, great aunt, great uncle, first cousin, niece, nephew, grandniece, or grandnephew of the individual, whether related by the whole or the half blood or adoption, or a companion of any of them; or

5. Any other individual occupying the residence of the individual.

b. With respect to a person other than an individual:

1. Another person that directly or indirectly controls, is controlled by, or is under common control with the person;

2. An officer, director, manager, member, partner, employee, or trustee or other fiduciary of the person; or

3. A companion of, or an individual occupying the residence of, an individual described in subparagraph 1. or 2.

(2) COMPANION. Includes, but is not limited to, the spouse or romantic partner of an individual.

(3) COURT. A circuit court of this state as well as a federal court exercising jurisdiction over claims arising under this article.

(4) DISCHARGE. The removal or termination of the receiver’s obligations to possess, manage, preserve, or administer the receivership property, or any combination of the foregoing.

(5) EXECUTORY CONTRACT. A contract, including a lease, under which each party has an unperformed obligation and the failure of a party to complete performance would constitute a material breach.

(6) GOVERNMENTAL UNIT. An office, department, division, bureau, board, commission, or other agency of this state or a subdivision of this state.

(7) INTERESTED PARTY. Any mortgagee, mortgagor, owner, professional engaged pursuant to Section 6-6-794, claimant pursuant to Section 6-6-799, or any person having an enforceable right or claim which may be affected by the proceeding. The term as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding.

(8) LIEN. An interest in property which secures payment or performance of an obligation.

(9) MORTGAGE. A record, however denominated, that creates or provides for a consensual lien on real property or rents, even if the record also creates or provides for a lien on personal property.

(10) MORTGAGEE. A person entitled to enforce an obligation secured by a mortgage.

(11) MORTGAGOR. A person that grants a mortgage or a successor in ownership of the real property described in the mortgage.

(12) OWNER. The person for whose property a receiver is appointed.

(13) PERSON. An individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(14) PROCEEDS. Any of the following property:

a. Whatever is acquired on the sale, lease, license, exchange, or other disposition of receivership property.

b. Whatever is collected on, or distributed on account of, receivership property.

c. Rights arising out of receivership property.

d. To the extent of the value of receivership property, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to, the property.

e. To the extent of the value of receivership property and to the extent payable to the owner or mortgagee, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to, the property.

(15) PROPERTY. All of a person’s right, title, and interest, both legal and equitable, in real and personal property, tangible and intangible, wherever located and however acquired. The term includes proceeds, products, offspring, rents, or profits of or from the property.

(16) RECEIVER. A person appointed by the court as the court’s agent, and subject to the court’s direction, to take possession of, manage, and if authorized by this article or court order, to transfer, sell, lease, license, exchange, collect, or otherwise dispose of receivership property.

(17) RECEIVERSHIP. A proceeding in which a receiver is appointed.

(18) RECEIVERSHIP PROPERTY. The property of an owner which is described in the order appointing a receiver or a subsequent order. The term includes any proceeds, products, offspring, rents, or profits of or from the property.

(19) RECORD. When used as a noun, information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form.

(20) RENTS. Any of the following:

a. Sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person.

b. Sums payable to a mortgagor under a policy of rental-interruption insurance covering real property.

c. Claims arising out of a default in the payment of sums payable for the right to possess or occupy real property of another person.

d. Sums payable to terminate an agreement to possess or occupy real property of another person.

e. Sums payable to a mortgagor for payment or reimbursement of expenses incurred in owning, operating, and maintaining real property or incurred in constructing or installing improvements on real property.

f. Other sums payable under an agreement relating to the real property of another person which constitute rents under the law of this state other than this article.

(21) SECURED OBLIGATION. An obligation the payment or performance of which is secured by a security agreement.

(22) SECURITY AGREEMENT. An agreement that creates or provides for a lien.

(23) SIGN. Either of the following, with present intent to authenticate or adopt a record:

a. To execute or adopt a tangible symbol.

b. To attach to or logically associate with the record an electronic sound, symbol, or process.

(24) STATE. A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(Act 2024-380, §2.)

§ 6-6-782 Notice and Opportunity for Hearing

(a) Except as otherwise provided in subsection (b), the court may issue an order under this article only after notice and opportunity for a hearing appropriate in the circumstances.

(b) The court may issue a preliminary order under this article in any of the following circumstances:

(1) Without prior notice if the circumstances require issuance of an order before notice is given.

(2) After notice and without a prior hearing if the circumstances require issuance of an order before a hearing is held.

(3) After notice and without a hearing, provided the court finds that the administration of justice will be preserved without a hearing.

(c) Upon request by an interested party for rehearing of a preliminary order entered under subdivision (b)(1) or (b)(2), the court shall schedule a hearing to make the order final and in compliance with subsection (a).

(Act 2024-380, §3.)

§ 6-6-783 Scope; Exclusions

(a) Except as otherwise provided in subsection (b) or (c), this article applies to a receivership for an interest in real property and any personal property related to or used in operating the real property.

(b) This article does not apply to a receivership for an interest in real property improved by one to four dwelling units unless:

(1) The interest is used for agricultural, commercial, industrial, or mineral extraction purposes, other than incidental uses by an owner occupying the property as the owner’s primary residence;

(2) The interest secures an obligation incurred at a time when the property was used or planned for use for agricultural, commercial, industrial, or mineral extraction purposes;

(3) The owner planned or is planning to develop the property into one or more dwelling units to be sold or leased in the ordinary course of the owner’s business; or

(4) The owner is collecting or has the right to collect rents or other income from the property from a person other than an affiliate of the owner.

(c) This article does not apply to a receivership authorized by the law of this state other than this article in which the receiver is a governmental unit or an individual acting in an official capacity on behalf of the unit, except to the extent provided by other law.

(d) This article does not limit the authority of a court to appoint a receiver under the law of this state other than this article.

(e) Unless displaced by a particular provision of this article, the principles of law and equity supplement this article.

(Act 2024-380, §4.)

§ 6-6-784 Jurisdiction and Venue

(a) The court that appoints a receiver under this article has statewide exclusive original jurisdiction, pursuant to Section 12-11-30, to direct the receiver and determine any controversy related to the receivership or receivership property.

(b) Venue for any actions filed pursuant to this article shall be proper in any county where a substantial portion of the receivership property is located.

(Act 2024-380, §5.)

§ 6-6-785 Appointment of Receiver

(a) The court may appoint a receiver:

(1) Before judgment, to protect a party that demonstrates an apparent right, title, or interest in real property that is the subject of the action, if any or all of the property, its revenues, its rents, or its proceeds:

a. Is being subjected to or is in danger of waste, loss, dissipation, or impairment; or

b. Has been or is about to be the subject of a voidable transaction;

(2) After judgment:

a. To carry the judgment into effect; or

b. To preserve nonexempt real property pending appeal or when an execution has been returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment; or

(3) In an action in which a receiver for real property may be appointed on equitable grounds.

(b) In connection with the foreclosure or other enforcement of a mortgage, the court may appoint a receiver for the mortgaged property. The court shall consider all of the following facts and circumstances, together with any other relevant facts in deciding whether to appoint a receiver for the mortgaged property:

(1) Appointment is necessary to protect the property from waste, loss, transfer, dissipation, or impairment.

(2) The mortgagor agreed in a signed record to appointment of a receiver on default.

(3) The owner agreed, after default and in a signed record, to appointment of a receiver.

(4) The property and any other collateral held by the mortgagee are not sufficient to satisfy the secured obligation.

(5) The owner fails to turn over to the mortgagee proceeds or rents the mortgagee was entitled to collect.

(6) The holder of a subordinate lien obtains appointment of a receiver for the property.

(c) The court may condition appointment of a receiver without prior notice or hearing under Section 6-6-782(b)(1) or 6-6-782(b)(2) on the giving of security by the person seeking the appointment for the payment of damages, reasonable attorney fees, and costs incurred or suffered by any person if the court later concludes that the appointment was not justified. If the court later concludes that the appointment was justified, the court shall release the security. Provided, however, no security shall be required of this state or of an officer or agency of this state.

(Act 2024-380, §6.)

§ 6-6-786 Disqualification from Appointment as Receiver; Disclosure of Interest

(a) The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified.

(b) Except as otherwise provided in subsection (c), a person is disqualified from appointment as receiver if the person satisfies any of the following:

(1) Is an affiliate of a party.

(2) Has an interest materially adverse to an interest of a party.

(3) Has a material financial interest in the outcome of the action, other than compensation the court may allow the receiver.

(4) Has a debtor-creditor relationship with a party.

(5) Holds an equity interest in a party, other than a noncontrolling interest in a publicly traded company.

(c) A person is not disqualified from appointment as receiver solely because the person satisfies any of the following:

(1) Was appointed receiver or is owed compensation in an unrelated matter involving a party or was engaged by a party in a matter unrelated to the receivership.

(2) Is an individual obligated to a party on a debt that is not in default and was incurred primarily for personal, family, or household purposes.

(3) Maintains with a party a deposit account as defined in Section 7-9A-102(a).

(d) A person seeking appointment of a receiver may nominate a person to serve as receiver, but the court is not bound by the nomination.

(Act 2024-380, §7.)

§ 6-6-787 Receiver’s Bond; Alternative Security

(a) Except as otherwise provided in subsection (b), a receiver shall post with the court a bond that satisfies all of the following:

(1) Is conditioned on the faithful undertaking of the receiver’s duties.

(2) Has one or more sureties approved by the court.

(3) Is in an amount the court specifies.

(4) Is effective as of the date of the receiver’s appointment.

(b) The court may approve the posting by a receiver with the court of alternative security, such as a letter of credit or deposit of funds. The receiver may not use receivership property as alternative security. Interest that accrues on deposited funds must be paid to the receiver on the receiver’s discharge.

(c) The court may authorize a receiver to act before the receiver posts the bond or alternative security required by this section.

(d) A claim against a receiver’s bond or alternative security must be made not later than the date the receiver is discharged.

(Act 2024-380, §8.)

§ 6-6-788 Status of Receiver

(a) On appointment of a receiver, the receiver has the status of a lien creditor under Article 9A of Title 7, as to receivership property that is personal property or fixtures.

(b) On appointment of a receiver, the receiver has the status of a purchaser for value and without notice under Section 35-4-90(a) as to receivership property that is real property.

(Act 2024-380, §9.)

§ 6-6-789 Security Agreement Covering After-Acquired Property

Except as otherwise provided by the law of this state other than this article, property that a receiver or owner acquires after appointment of the receiver is subject to a security agreement entered into before the appointment to the same extent as if the court had not appointed the receiver.

(Act 2024-380, §10.)

§ 6-6-790 Collection and Turnover of Receivership Property

(a) Unless the court orders otherwise, on demand by a receiver:

(1) A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or recoupment.

(2) Subject to subsection (c), a person that has possession, custody, or control of receivership property shall turn the property over to the receiver.

(b) A person that has actual notice of the appointment of a receiver and owes a debt that is receivership property may not satisfy the debt by payment to the owner.

(c) If a creditor has possession, custody, or control of receivership property and the validity, perfection, or priority of the creditor’s lien on the property depends on the creditor’s possession, custody, or control, the creditor may retain possession, custody, or control until the court orders adequate protection of the creditor’s lien.

(d) Unless a bona fide dispute exists about a receiver’s right to possession, custody, or control of receivership property, the court may sanction as civil contempt a person’s failure to turn the property over when required by this section.

(Act 2024-380, §11.)

§ 6-6-791 Powers and Duties of Receiver

(a) Except as limited by court order or the law of this state other than this article, a receiver may do any of the following:

(1) Collect, control, manage, conserve, and protect receivership property.

(2) Operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, collection, or disposition of the property in the ordinary course of business.

(3) In the ordinary course of business, incur unsecured debt and pay expenses incidental to the receiver’s preservation, use, sale, lease, license, exchange, collection, or disposition of receivership property.

(4) Assert a right, claim, cause of action, or defense of the owner which relates to receivership property.

(5) Seek and obtain instruction from the court concerning receivership property, exercise of the receiver’s powers, and performance of the receiver’s duties.

(6) Upon subpoena, compel a person to submit to examination under oath, or to produce and permit inspection and copying of designated records or tangible things, with respect to receivership property or any other matter that may affect administration of the receivership.

(7) Engage a professional as provided in Section 6-6-794.

(8) Apply to a court of another state for appointment as ancillary receiver with respect to receivership property located in that state.

(9) Exercise any power conferred by court order, this article, or the laws of this state other than this article.

(b) With court approval, a receiver may do any of the following:

(1) Incur debt for the use or benefit of receivership property other than in the ordinary course of business.

(2) Make improvements to receivership property.

(3) Use or transfer receivership property other than in the ordinary course of business as provided in Section 6-6-795.

(4) Adopt or reject an executory contract of the owner as provided in Section 6-6-796.

(5) Pay compensation to the receiver as provided in Section 6-6-800, and to each professional engaged by the receiver as provided in Section 6-6-794.

(6) Recommend allowance or disallowance of a claim of a creditor as provided in Section 6-6-799.

(7) Make a distribution of receivership property as provided in Section 6-6-799.

(c) A receiver shall do all of the following:

(1) Prepare and retain appropriate business records, including a record of each receipt, disbursement, and disposition of receivership property.

(2) Account for receivership property, including the proceeds of a sale, lease, license, exchange, collection, or other disposition of the property.

(3) File with the appropriate probate court for recording a copy of the order appointing the receiver and, if a legal description of the real property is not included in the order, the legal description.

(4) Disclose to the court any fact arising during the receivership which would disqualify the receiver under Section 6-6-786.

(5) Perform any duty imposed by court order, this article, or law of this state other than this article.

(d) The powers and duties of a receiver may be expanded, modified, or limited by court order.

(Act 2024-380, §12.)

§ 6-6-792 Duties of Owner and Mortgagor

(a) An owner and a mortgagor shall do all of the following:

(1) Preserve and turn over to the receiver all receivership property in the owner’s possession, custody, or control.

(2) Identify all records and other information relating to the receivership property, including a password, authorization, or other information needed to obtain or maintain access to or control of the receivership property, and make available to the receiver the records and information in the owner’s possession, custody, or control.

(3) On subpoena, submit to examination under oath by the receiver concerning the acts, conduct, property, liabilities, and financial condition of the owner or any matter relating to the receivership property or the receivership.

(4) Perform any duty imposed by court order, this article, or law of this state other than this article.

(5) Assist and cooperate with the receiver in the administration of the receivership and the undertaking of the receiver’s duties in accordance with the intent of this subsection.

(b) If an owner is a person other than an individual, this section applies to each officer, director, manager, member, partner, trustee, or other person exercising or having the power to exercise control over the affairs of the owner.

(c) If a person knowingly fails to perform a duty imposed by this section, the court may do any of the following:

(1) Award the receiver actual damages caused by the person’s failure, reasonable attorney fees, and costs.

(2) Sanction the failure as civil contempt.

(Act 2024-380, §13.)

§ 6-6-793 Stay; Injunction

(a) Except as otherwise provided in subsection (d) or ordered by the court, upon the earlier of: (i) recording of the receivership order pursuant to Section 6-6-791(c)(3); or (ii) receipt of actual knowledge of the appointment of a receiver, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or proceeding:

(1) To obtain possession of, exercise control over, or enforce a judgment against receivership property; and

(2) To enforce a lien against receivership property to the extent the lien secures a claim against the owner which arose before entry of the order.

(b) Except as otherwise provided in subsection (d), the court may enjoin an act, action, or proceeding against or relating to receivership property if the injunction is necessary to protect the property or facilitate administration of the receivership.

(c) A person whose act, action, or proceeding is stayed or enjoined under this section may apply to the court for relief from the stay or injunction for cause.

(d) An order under subsection (a) or (b) does not operate as a stay or injunction of any of the following:

(1) An act, action, or proceeding to foreclose or otherwise enforce a mortgage by a party holding a senior lien to the person seeking appointment of the receiver.

(2) An act, action, or proceeding to foreclose or otherwise enforce a mortgage by the person seeking appointment of the receiver.

(3) An act, action, or proceeding to perfect, or maintain or continue the perfection of, an interest in receivership property.

(4) Commencement or continuation of a criminal proceeding.

(5) Commencement or continuation of an action or proceeding, or enforcement of a judgment other than a money judgment in an action or proceeding, by a governmental unit to enforce its police or regulatory power.

(6) Establishment by a governmental unit of a tax liability against the owner or receivership property or an appeal of the liability.

(e) The court may void any act that violates a stay or injunction under this section.

(f) If a person knowingly violates a stay or injunction under this section, the court may do any of the following:

(1) Award actual damages caused by the violation, reasonable attorney fees, and costs.

(2) Sanction the violation as civil contempt.

(Act 2024-380, §14.)

§ 6-6-794 Engagement and Compensation of Professional

(a) With court approval, a receiver may engage an attorney, accountant, appraiser, auctioneer, broker, or other professional to assist the receiver in performing a duty or exercising a power of the receiver. The receiver shall disclose to the court all of the following:

(1) The identity and qualifications of the professional.

(2) The scope and nature of the proposed engagement.

(3) Any potential conflict of interest.

(4) The proposed compensation.

(b) A person is not disqualified from engagement under this section solely because of the person’s engagement by, representation of, or other relationship with, the receiver, a creditor, or a party. This article does not prevent the receiver from serving in the receivership as an attorney, accountant, auctioneer, or broker when authorized by law.

(c) A receiver or professional engaged under subsection (a) shall file with the court an itemized statement of the time spent, work performed, and billing rate of each person that performed the work and an itemized list of expenses. The receiver shall pay the amount approved by the court or pay amounts otherwise allowed by the court.

(Act 2024-380, §15.)

§ 6-6-795 Use or Transfer of Receivership Property Not in Ordinary Course of Business

(a) In this section, “good faith” means honesty in fact in the conduct or transaction concerned.

(b) With court approval, a receiver may use receivership property other than in the ordinary course of business.

(c) With court approval, a receiver may transfer receivership property other than in the ordinary course of business by sale, lease, license, exchange, or other disposition. Unless the agreement of sale provides otherwise, a sale under this section is free and clear of a lien of the person that obtained appointment of the receiver, any subordinate lien, and any right of redemption but is subject to a senior lien.

(d) A lien on receivership property which is extinguished by a transfer under subsection (c) attaches to the proceeds of the transfer with the same validity, perfection, and priority the lien had on the property immediately before the transfer, even if the proceeds are not sufficient to satisfy all obligations secured by the lien.

(e) A transfer under subsection (c) may occur by means other than a public auction sale. A creditor holding a valid lien on the property to be transferred may purchase the property and offset against the purchase price part or all of the allowed amount secured by the lien, if the creditor tenders funds sufficient to satisfy in full the reasonable expenses of transfer and the obligation secured by any senior lien extinguished by the transfer.

(f) A reversal or modification of an order approving a transfer under subsection (c) does not affect the validity of the transfer to a person that acquired the property in good faith nor revive against the person any lien extinguished by the transfer, whether the person knew before the transfer of the request for reversal or modification, unless the court stayed the order before the transfer.

(Act 2024-380, §16.)

§ 6-6-796 Executory Contract

(a) In this section, “timeshare interest” means an interest having a duration of more than three years which grants its holder the right to use and occupy an accommodation, facility, or recreational site, whether improved or not, for a specific period less than a full year during any given year.

(b) Except as otherwise provided in subsection (h), with court approval, a receiver may adopt or reject an executory contract of the owner relating to receivership property. The court may condition the receiver’s adoption and continued performance of the contract on terms appropriate under the circumstances. If the receiver does not request court approval to adopt or reject the contract within a reasonable time after the receiver’s appointment or discovery of the executory contract, the receiver is deemed to have not rejected the contract.

(c) A receiver’s performance of an executory contract before court rejection under subsection (b) of its adoption or rejection is not an adoption of the contract and does not preclude the receiver from seeking approval to reject the contract.

(d) A provision in an executory contract which requires or permits a forfeiture, modification, or termination of the contract because of the appointment of a receiver or the financial condition of the owner does not affect a receiver’s power under subsection (b) to adopt the contract.

(e) A receiver’s right to possess or use receivership property pursuant to an executory contract terminates on rejection of the contract under subsection (b). Rejection is a breach of the contract effective immediately before appointment of the receiver. A claim for damages for rejection of the contract must be submitted by the later of:

(1) The time set for submitting a claim in the receivership; or

(2) Thirty days after the court approves the rejection.

(f) If at the time a receiver is appointed, the owner has the right to assign an executory contract relating to receivership property under the law of this state other than this article, the receiver may assign the contract with court approval.

(g) If a receiver rejects under subsection (b) an executory contract for the sale of receivership property that is real property in possession of the purchaser or a real property timeshare interest, the purchaser may do either of the following:

(1) Treat the rejection as a termination of the contract, and in that case the purchaser has a lien on the property for the recovery of any part of the purchase price the purchaser paid.

(2) Retain the purchaser’s right to possession under the contract, and in that case the purchaser shall continue to perform all obligations arising under the contract and may offset any damages caused by nonperformance of an obligation of the owner after the date of the rejection, but the purchaser has no right or claim against other receivership property or the receiver on account of the damages.

(h) A receiver may not reject an unexpired lease of real property under which the owner is the landlord if:

(1) The tenant occupies the leased premises as the tenant’s primary residence;

(2) The receiver was appointed at the request of a person other than a mortgagee; or

(3) The receiver was appointed at the request of a mortgagee and any of the following are true or occur:

a. The lease is superior to the lien of the mortgage.

b. The tenant has an enforceable agreement with the mortgagee or the holder of a senior lien under which the tenant’s occupancy will not be disturbed as long as the tenant performs its obligations under the lease.

c. The mortgagee has consented to the lease, either in a signed record or by its failure to timely object that the lease violated the mortgage.

d. The terms of the lease were commercially reasonable at the time the lease was agreed to and the tenant did not know or have reason to know that the lease violated the mortgage.

(Act 2024-380, §17.)

§ 6-6-797 Defenses and Immunities of the Receiver

A receiver is entitled to all defenses and immunities provided by the law of this state other than this article for an act or omission within the scope of the receiver’s appointment.

(Act 2024-380, §18.)

§ 6-6-798 Interim Report of Receiver

A receiver may file or, if ordered by the court, shall file an interim report that includes all of the following:

(1) The activities of the receiver since appointment or a previous report.

(2) Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the receiver.

(3) Receipts and dispositions of receivership property.

(4) A request for, or demand for, payment of fees and expenses of the receiver and, if not filed separately, a request for approval of payment of the fees and expenses.

(5) Any other information required by the court.

(Act 2024-380, §19.)

§ 6-6-799 Notice of Appointment; Claim Against Receivership; Distribution to Creditors

(a) Except as otherwise provided in subsection (f), a receiver shall give notice of appointment of the receiver to creditors of the owner by both of the following:

(1) First-class mail addressed to the last known address of the creditor, or by other mechanism reasonably calculated to provide actual notice, to all creditors with claims against the receivership property who are known or reasonably ascertainable by the receiver within 30 days after appointment.

(2) Publishing a notice once a week for three successive weeks in a newspaper of general circulation published in the county in which the receiver was appointed, or if none is published in the county, in the one published nearest to the courthouse thereof or in an adjoining county.

(b) Except as otherwise provided in subsection (f), the notice required by subsection (a) must specify the date by which each creditor holding a claim against the owner which arose before appointment of the receiver must submit the claim to the receiver. The date specified must be at least 90 days after the later of notice under subdivision (a)(1) or last publication under subdivision (a)(2). The court may extend the period for submitting the claim. Unless the court orders otherwise, a claim that is not submitted timely is not entitled to a distribution from the receivership.

(c) A claim submitted by a creditor under this section must satisfy all of the following:

(1) State the name and address of the creditor.

(2) State the amount and basis of the claim.

(3) Identify any property securing the claim.

(4) Be signed by the creditor under penalty of perjury.

(5) Include a copy of any record on which the claim is based.

(d) An assignment by a creditor of a claim against the owner is effective against the receiver only if the assignee gives timely notice of the assignment to the receiver in a signed record.

(e) At any time before entry of an order approving a receiver’s final report, the receiver or any interested party may file with the court an objection to a claim of a creditor stating the basis for the objection. The court shall allow or disallow the claim according to the law of this state other than this article.

(f) If the court concludes that receivership property is likely to be insufficient to satisfy claims of each creditor holding a perfected lien on the property, the court may order both of the following:

(1) That the receiver need not give notice under subsection (a) of the appointment to all creditors of the owner, but only to such creditors as the court directs.

(2) That unsecured creditors need not submit claims under this section.

(g) Subject to Section 6-6-800:

(1) A distribution of receivership property to a creditor holding a perfected lien on the property must be made in accordance with the creditor’s priority under the law of this state other than this article; and

(2) A distribution of receivership property to a creditor with an allowed unsecured claim must be made as the court directs according to the law of this state other than this article, pro rata as to the allowed amount.

(Act 2024-380, §20.)

§ 6-6-800 Fees and Expenses

(a) The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver.

(b) The court may order one or more of the following to pay the reasonable and necessary fees and expenses of the receivership, including reasonable attorney fees and costs:

(1) A person that requested the appointment of the receiver, if the receivership does not produce sufficient funds to pay the fees and expenses.

(2) A person whose conduct justified or would have justified the appointment of the receiver under Section 6-6-785(a)(1).

(Act 2024-380, §21.)

§ 6-6-801 Removal of Receiver; Replacement; Termination of Receivership

(a) The court may remove a receiver for cause.

(b) The court shall replace a receiver that dies, resigns, or is removed.

(c) If the court finds that a receiver that resigns or is removed or the representative of a receiver that is deceased has accounted fully for and turned over to the successor receiver all receivership property and has filed a report of all receipts and disbursements during the service of the replaced receiver, the replaced receiver is discharged.

(d) The court may discharge a receiver and terminate the court’s administration of the receivership property if the court finds that appointment of the receiver was improvident or that the circumstances no longer warrant continuation of the receivership. If the court finds that the appointment was sought in bad faith, the court may assess both of the following against the person that sought the appointment:

(1) The fees and expenses of the receivership, including reasonable attorney fees and costs.

(2) Actual damages caused by the appointment, including reasonable attorney fees and costs.

(Act 2024-380, §22.)

§ 6-6-802 Final Report of Receiver; Discharge

(a) If required by the court, on completion of a receiver’s duties, the receiver shall file a final report including all of the following:

(1) A description of the activities of the receiver in the conduct of the receivership.

(2) A list of receivership property at the commencement of the receivership and any receivership property received during the receivership.

(3) A list of disbursements, including payments to professionals engaged by the receiver.

(4) A list of dispositions of receivership property.

(5) A list of distributions made or proposed to be made from the receivership for creditor claims.

(6) If not filed separately, a request for approval of the payment of fees and expenses of the receiver.

(7) Any other information required by the court.

(b) If the court requires a final report, the receiver is discharged when the court approves the final report filed under subsection (a) and the receiver distributes all receivership property.

(c) If the court does not require a final report, the receiver is discharged upon distribution of all receivership property.

(Act 2024-380, §23.)

§ 6-6-803 Receivership in Another State; Ancillary Proceeding

(a) The court may appoint a receiver appointed in another state, or that person’s nominee, as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for which a receiver could be appointed under this article, if:

(1) The person or nominee would be eligible to serve as receiver under Section 6-6-786; and

(2) The appointment furthers the person’s possession, custody, control, or disposition of property subject to the receivership in the other state.

(b) The court may issue an order that gives effect to an order entered in another state appointing or directing a receiver.

(c) Unless the court orders otherwise, an ancillary receiver appointed under subsection (a) has the rights, powers, and duties of a receiver appointed under this article.

(Act 2024-380, §24.)

§ 6-6-804 Effect of Enforcement by Mortgagee

A request by a mortgagee for appointment of a receiver, the appointment of a receiver, or application by a mortgagee of receivership property or proceeds to the secured obligation does not do any of the following:

(1) Make the mortgagee a mortgagee in possession of the real property.

(2) Make:

a. The mortgagee an agent of the owner, receiver, or mortgagor;

b. The owner an agent of the mortgagee, receiver, or mortgagor;

c. The receiver an agent of the mortgagee, owner, or mortgagor; or

d. The mortgagor an agent of the owner, mortgagee, or receiver.

(3) Constitute an election of remedies that precludes a later action to enforce the secured obligation.

(4) Make the secured obligation unenforceable.

(5) Limit any right available to the mortgagee with respect to the secured obligation.

(Act 2024-380, §25.)

§ 6-6-805 Uniformity of Application and Construction

In applying and construing the Alabama Uniform Commercial Real Estate Receivership 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 2024-380, §26.)

§ 6-6-806 Relation to Electronic Signatures in Global and National Commerce Act; Relation to Condemnation Proceedings

(a) This article modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. § 7003(b).

(b) Notwithstanding any provision to the contrary, this article shall have no effect on any condemnation action or proceeding to acquire for public use all or any portion or interest in the receivership property, whether filed before or after the receivership. The receivership court may not stay or enjoin any condemnation action involving the receivership property, nor shall the receivership court have jurisdiction over any action to condemn the receivership property. The receiver may negotiate to settle any condemnation action involving the receivership property, and may convey to the condemning authority the property or interest therein sought to be condemned. The receiver may be named as a defendant in any eminent domain or condemnation action involving the receivership property.

(Act 2024-380, §27.)

§ 6-6-807 Transition

This article does not apply to a receivership for which the receiver was appointed before January 1, 2025.

(Act 2024-380, §28.)

Chapter 7 Parties

Article 1 Wife for Husband

§ 6-7-1 Prosecution or Defense of Actions in Name of Husband or Father

When a husband or father has deserted his family, is confined in a hospital operated by the Alabama Mental Health Department, not having been declared of unsound mind, or is imprisoned for a term of two years or more under a conviction for crime, the wife or mother may prosecute and defend in his name any action which he might have prosecuted or defended, and has the same powers and rights in reference to such action which he might have had.

(Code 1852, §2136; Code 1867, §2532; Code 1876, §2901; Code 1886, §2578; Code 1896, §16; Code 1907, §2475; Code 1923, §5684; Code 1940, T. 7, §100.)

Article 2 Persons in Federal Service

§ 6-7-20 Persons in Federal Service and Spouses Living in State Deemed Residents for Purpose of Commencing Actions

(a) Any person in any branch or service of the government of the United States of America, including those in the military, air, and naval service, and the husband or wife of any such person, if he or she is living within the borders of the State of Alabama, shall be deemed to be a resident of the State of Alabama for the purpose of commencing any civil action in the courts of this state.

(b) This section shall be liberally construed and be given retrospective as well as prospective effect.

(Acts 1955, No. 576, p. 1253.)

Article 3 Bankrupts

§ 6-7-30 Proceedings When Defendant Involved in Bankruptcy

In any civil action in any court in this state in which the defendant has been adjudicated a bankrupt, in which a defendant has filed a petition in bankruptcy or against whom a petition in bankruptcy has been filed, it shall be the duty of the court in which such civil action is pending to proceed with the trial of such action, if leave to do so is granted by the bankruptcy court, and to enter judgment in accordance with the law and the evidence in the case. The court in which such civil action is pending shall also have authority, and it shall be its duty, to grant such stay of execution against such defendant as may be appropriate or as may be provided for in the order of the bankruptcy court, or to embody in the judgment entered in such case such provision as may be appropriate, or as may be provided in the order of said bankruptcy court, so as to limit the manner of enforcement of said judgment, or so as to limit the property from which such judgment may be collected or so as to limit the right of the plaintiff to the right to collect said judgment from others or another who may be liable or responsible for such judgment by virtue of a contract or arrangement or relationship with the said defendant.

(Acts 1959, 1st Ex. Sess., No. 39, p. 76.)

Article 4 Cotenants

§ 6-7-40 Action Against Cotenant or Coparcener

A joint tenant, tenant in common, or tenant in coparcenary may commence an action against his cotenant or coparcener, or personal representative for receiving more than his lawful proportion.

(Code 1923, §5685; Code 1940, T. 7, §101.)

Article 5 Nonconsenting Plaintiff

§ 6-7-50 Use of Nonconsenting Person’s Name by Another Plaintiff; Nonconsenting Person’s Right to Recovery

If any person necessary to be joined as plaintiff in any action or proceeding shall, upon request, not consent to join therein, his name may, nevertheless, be used by the other party plaintiff, upon filing with the clerk of the court an obligation with good and sufficient sureties, to be approved by the judge or the clerk of the court in which the action or proceeding is to be commenced, shown by his endorsement of approval thereon, to protect, save harmless and indemnify the person whose name is so used from the payment of any costs, judgment or expenses in said action. If, however, the plaintiffs shall recover a judgment in such action or proceeding, the person so refusing to allow the use of his name shall not be entitled to receive any part thereof until he pays the expense incurred in giving the obligations, his equitable share of the costs and expenses of the litigation, including plaintiff’s attorney’s fees, and discharges the obligation.

(Code 1923, §5708; Code 1940, T. 7, §135.)

Article 6 Partnerships

§ 6-7-70 Commencement of Action Against Partnership in Common Name or Against Any Associates Thereof

Two or more persons associated together as partners in any business or pursuit who transact business under a common name, whether it comprises the names of such persons or not, may be sued by their common name in all civil actions, whether hitherto denominated as legal or equitable in nature; and the judgment in the action binds the joint property of all the associates in the same manner as if all had been named defendants, had been sued upon their joint liability and served with process. Any one or more of the associates, or their legal representatives, may also be sued for the obligation of all.

(Code 1852, §2142; Code 1867, §2538; Code 1876, §2904; Code 1886, §2605; Code 1896, §40; Code 1907, §2506; Code 1923, §5722; Code 1940, T. 7, §141.)

Article 7 Unincorporated Associations

§ 6-7-80 Right to Commence Actions

An action may be commenced by, and in the name of, any unincorporated organization or association.

(Acts 1921, Ex. Sess., No. 13, p. 14; Code 1923, §5723; Code 1940, T. 7, §142.)

§ 6-7-81 Commencement of Actions Against; Satisfaction of Judgment

(a) Actions may be commenced against, and in the name of, any unincorporated organization or association for any cause of action for or upon which the plaintiff therein may commence such an action against the members of such organization or association.

(b) Where a judgment in such action is entered in favor of the plaintiff against such organization or association, the property of such organization or association shall be liable to the satisfaction of such judgment.

(Acts 1921, Ex. Sess., No. 13, p. 14; Code 1923, §§5724, 5727; Code 1940, T. 7, §§143, 145.)

Article 8 Infants and Incompetents

§ 6-7-100 Substitution Pending an Action - Guardian for Next Friend

If the action is not for a personal injury to the ward, whether the ward is a minor or a person of unsound mind, on the appointment of a guardian pending an action, such guardian may, on application, be substituted for the next friend, and the action must proceed in the name of the guardian for the use of the ward.

(Code 1867, §2528; Code 1876, §2895; Code 1886, §2581; Code 1896, §19; Code 1907, §2478; Code 1923, §5688; Code 1940, T. 7, §104.)

§ 6-7-101 Substitution Pending an Action - Death of Ward

If, pending an action, a ward should die, his or her personal representative may be made the party plaintiff or, if the nature of the case requires it, his or her heirs may be made parties plaintiff upon a motion served, as provided in the Alabama Rules of Civil Procedure.

(Code 1852, §2132; Code 1867, §2526; Code 1876, §2893; Code 1886, §2582; Code 1896, §20; Code 1907, §2479; Code 1923, §5689; Code 1940, T. 7, §105.)

§ 6-7-102 Actions Against Guardians of Persons of Unsound Minds

The guardian of a person of unsound mind may have an action commenced against him on any contract made by the ward, for any tort committed by him while of sound mind or for necessaries furnished him or his family before the appointment of a guardian.

(Code 1867, §2432; Code 1876, §2795; Code 1886, §2583; Code 1896, §21; Code 1907, §2480; Code 1923, §5690; Code 1940, T. 7, §106.)

§ 6-7-103 Action for Improper Appointment of Guardians Ad Litem; Statute of Limitations Thereon; Liability for Suggestion of Appointment by Plaintiff, Etc

(a) Any judge, register, clerk, or other officer who shall knowingly appoint any person as guardian ad litem for any infant or non compos mentis in violation of the provisions of the Alabama Rules of Civil Procedure, shall be liable to a penalty of $200, which may be recovered by such infant or non compos mentis, or his next friend suing for him, in an action in any court having jurisdiction of civil actions for such amount. Such a claim shall not be barred by the statute of limitations until after two years after the arrival of the infant at the age of 19 years or the restoration of the non compos mentis to sanity.

(b) Any plaintiff or petitioner, his attorney, or counsel, or any person for him who shall suggest or nominate a guardian ad litem in any action commenced by such plaintiff or petitioner shall be liable to the same penalty and action as provided for in subsection (a) of this section.

(Code 1907, §§4483, 4484; Code 1923, §§8257, 8258; Code 1940, T. 7, §§178, 179.)

Chapter 8 Miscellaneous Procedure

Article 1 Partition Actions

§ 6-8-1 Trial of Title or Adverse Claim Issues

In actions for partition of lands, either by metes and bounds or by sale for division when the same cannot be equitably partitioned among the owners, if the defendant denies the title of the plaintiff or asserts an adverse claim or title in himself, the circuit court need not dismiss the complaint, but may direct the issue as to the title of the plaintiff or as to such adverse claim or title of the defendant, to be tried as other issues of fact are triable. If neither party to the action demands a jury, the circuit court shall try such issues as to the title of plaintiff or as to such adverse claim or title of the defendant, together with the other facts or issues of the case.

(Code 1867, §3466; Code 1876, §3893; Code 1886, §3588; Code 1896, §828; Code 1907, §3205; Code 1923, §6635; Code 1940, T. 7, §326.)

Article 2 Funds Due Foreign Residents

§ 6-8-20 Payment to Consular Officer of Estate or Land Sale Funds Due Nonrepresented Foreigners

Whenever upon the settlement of an estate or upon the sale of lands for division in any court of this state it is shown that any of the heirs, distributees, or other persons entitled to share in the funds derived therefrom, whether adults or minors, are residents and subjects of a foreign country and are not represented by counsel of their own employment, the personal representative, judge of probate, clerk, or register who may have the custody of said funds shall pay over the shares of such persons to the duly accredited consular officer of such country within whose jurisdiction the said court is situated and obtain from him full acquittance therefor.

(Acts 1911, No. 523, p. 572; Code 1923, §6657; Code 1940, T. 7, §347.)

Article 3 Abstracts for Judicial Sales

§ 6-8-30 Power to Have Abstract of Title Made; Inspection Thereof by Prospective Purchasers; Costs of Abstract

(a) Whenever any court shall order the sale of any real estate or interest therein, the court shall have power to have an abstract of the title of the property to be sold to be made by some competent person or company, which said abstract shall be filed with the officer making the sale for five days before the date of the sale, and which shall be open to the inspection and examination of any prospective purchaser.

(b) The court shall fix the compensation of the person or company making such abstract, and the amount so fixed shall be a part of the cost and expenses of said sale and shall be paid out of the proceeds thereof.

(Acts 1915, No. 545, p. 611; Code 1923, §§6661, 6662; Code 1940, T. 7, §§348, 349.)

Article 4 Notices and Hours of Sale

Division 1 General Provisions

§ 6-8-40 Subscribing, Taking, and Filing of Weekly Newspapers by Probate Judges

(a) Required. The judges of the several courts of probate must subscribe for, take and file in their respective offices one copy of each weekly newspaper published in their respective counties and, as soon as practicable after the end of each year, shall cause the number of such papers for the preceding year to be well bound and shall keep the same safely in their respective offices as the property of their respective counties. The respective county commissions must allow to such officers the sums paid by them for such subscription and binding.

(b) Exceptions. The duties imposed in subsection (a) of this section shall be and remain subject to such exceptions and modifications as have heretofore or as may hereafter be provided by law with respect to particular counties, however identified.

(c) Newspaper not published in county. If in any county there is no newspaper published, such officers may take and bind the papers of any adjoining county, in which the public printing and advertising of such county may be done.

(Code 1867, §§655, 656; Code 1876, §§566, 567; Code 1886, §§670, 671; Code 1896, §§3049, 3050; Code 1907, §§5190, 5191; Code 1923, §§9268, 9269; Code 1940, T. 7, §§724, 725; Acts 1984, No. 84-289, p. 501.)

§ 6-8-41 Hours of Sale

All public sales shall be made between the hours of 11:00 A.M. and 4:00 P.M., but in the event such sale is not completed by 4:00 P.M., the same may continue until 5:00 P.M.

(Code 1923, §9267; Code 1940, T. 7, §723.)

Division 2 Notices

§ 6-8-60 Designation of Newspaper for Publication of Notice; Publication Requirements

(a) The party in interest or at whose instance the publication of notice is to be given by advertisement in a newspaper may designate the newspaper in which such advertisement shall be made. If the officer charged with the duty of making the advertisement disregards such designation and makes advertisement in some other paper, he or she must pay the cost thereof and shall not be entitled to reimbursement.

(b) All publications required by any law, mortgage, or other contract to be published in a newspaper must be published in any newspaper printed in the English language which has a general circulation in the county, regardless of where the paper is printed, if the principal editorial office of the newspaper is located within the county and which newspaper shall have been mailed under the publication class mailing privilege of the United States Postal Service from the post office where it is published for at least 51 weeks a year. The newspaper shall, without additional charge, also upload legal notice publications to a statewide website established and maintained by an entity having the capacity and ability to receive and upload notices from a majority of newspapers in this state. Any newspaper which also publishes a website in its own name shall also post legal notice publications on an Internet website published by the newspaper without additional charge.

Code 1876, §§553, 3970; Code 1886, §663; Code 1896, §3040; Code 1907, §5181; Code 1923, §9257; Acts 1935, No. 370, p. 791; Code 1940, T. 7, §713; Acts 1955, No. 551, p. 1207; Acts 1961, No. 566, p. 667; Acts 1963, No. 458, p. 990; Acts 1966, Ex. Sess., No. 395, p. 534; Acts 1971, 1st Ex. Sess., No. 131, p. 212; Acts 1971, 3rd Ex. Sess., No. 262, p. 4531; Act 2012-214, p. 387, §1.)

§ 6-8-61 Length of Publication When Not Otherwise Provided; Exception

If the length of the publication is not otherwise prescribed, it must be for three successive weeks; provided, that the provisions of this section shall not apply to any sale held under the provisions of Section 7-9A-610.

(Code 1876, §3972; Code 1886, §664; Code 1896, §3041; Code 1907, §5182; Code 1923, §9258; Code 1940, T. 7, §714; Acts 1965, No. 549, p. 811; Act 2001-481, p. 647, §2.)

§ 6-8-62 Timing and Duration of Publication; Internet Publication

(a) When the notice is required to be given for a specified number of weeks, it must be given by consecutive weekly insertions for the number of weeks so specified. When the notice is of a proceeding to be had or of an act to be done on a specified day:

(1) If the publication is for one week, the insertion must be not less than six days before such day;

(2) If for two weeks, the first insertion must be at least 12 days before such day;

(3) If for three weeks, the first insertion must be at least 18 days before such day;

(4) If for four weeks, the first insertion must be at least 24 days before such day;

(5) If for five weeks, the first insertion must be at least 30 days before such day;

(6) If for six weeks, the first insertion must be at least 36 days before such day; and

(7) So on at the same rate of increase, the time to be computed as provided in Section 1-1-4.

(b) When the time is specified in days, two weeks’ notice is equal to 15 days’ notice; three weeks to 20 days; four weeks to 30 days; and six weeks to 40 days.

(c) A newspaper publishing a notice shall also place the notice on an Internet website operated by the newspaper, if the newspaper publishes a website, and on a statewide website established and maintained by an entity having the capacity and ability to receive and upload legal notices from the majority of newspapers in this state as a repository for the notices. Posting on the Internet shall begin on the first day of insertion and run continuously until the expiration of the specified time. All newspaper notices required pursuant to this section to be placed on the Internet shall remain valid for all purposes, and the legality of the newspaper publication shall not be affected by the failure of the newspaper for any reason to upload legal notice publications to a statewide website or to another Internet website or to accurately post the notice publication on any website.

(Code 1896, §3043; Code 1907, §5184; Code 1923, §9260; Code 1940, T. 7, §716; Act 2012-214, p. 387, §1.)

§ 6-8-63 Suspension or Discontinuance of Paper Making Publication Before Publication Made or Completed

If publication is commenced or is directed in a particular paper and before it is made or completed there is a suspension or discontinuance of the publishing of such paper, then the publication may be made or completed in some other newspaper published in the county. If there is no other paper published in the county, the publication may be made or completed by posting notices, for the length of time prescribed, at the courthouse door and three other public places in the county, or the publication, if so desired by any party in interest, may be made or completed in some newspaper published in an adjoining county.

(Code 1867, §§642, 643; Code 1876, §§547, 548; Code 1886, §668; Code 1896, §3047; Code 1907, §5188; Code 1923, §9264; Code 1940, T. 7, §720.)

§ 6-8-64 Costs of Publication - Rates; Internet Publication; Applicability of Section

(a) The rate charged for publication of a public notice shall not exceed the lowest classified rate paid by or published on a rate card for commercial customers for an advertisement of similar size, and frequency in the same newspapers in which the public notice appears. The lowest classified rate paid by or published on a rate card for commercial customers for such advertisements shall be calculated to also include all cash discounts, multiple insertion discounts, and any other commercial contract benefits for which the public notice also qualifies.

(b) The newspaper publishing the notice shall place the notice on its own website, if it publishes a website, and a statewide website at no additional charge to government or to the party in interest or at whose instance the publication of a legal notice is to be given. The amount charged for the notice shall include publication in the print edition of the newspaper; the newspaper’s website, if it publishes one; and the statewide website.

(c) The rates established in this section shall apply to any and all legal notices, advertisements, publications, statements, or other matter of whatever kind or character required by the Constitution of Alabama, by general, local, or special law or by rules or orders of courts to be published in newspapers in this state, whether the agency required to cause the publication to be made is an individual, officer, municipality, county, the state, governmental subdivision, or any other legal entity; provided, that rates established in this section shall not apply when a local law prescribes a different rate, in which event the local law shall be applicable.

(Code 1876, §3975; Code 1886, §666; Code 1896, §3045; Code 1907, §5186; Code 1923, §9262; Code 1940, T. 7, §§718-718(2); Acts 1951, No. 723, p. 1275; Acts 1953, No. 793, p. 1086, §§1, 2; Acts 1965, No. 464, p. 664; Acts 1965, No. 465, p. 664; Acts 1971, No. 1141, p. 1964; Acts 1976, No. 306, p. 339; Acts 1985, 2nd Ex. Sess., No. 85-882, p. 138, §1; Act 2012-214, p. 387, §1.)

§ 6-8-65 Costs of Publication - Affidavit That No Agreement Exists Between Officer and Publisher, Etc., and That Sum Charged Is Lowest

All agreements between any officer charged with the duty of advertising legal notices in a newspaper and the printer, publisher, or manager of such paper whereby any advantage, gain, or profit is to accrue to such officer are void; and before the charge for such advertisement can be demanded or received, the officer and the printer, publisher, or manager must each make and file an affidavit that no such agreement exists. The printer, publisher, or manager must, in addition, make affidavit to the entity required to publish the legal notice that the sum charged does not exceed the lowest classified rate paid by commercial customers for an advertisement of similar size, and frequency in the same newspapers in which the public notice appears.

(Code 1867, §646; Code 1876, §551; Code 1886, §667; Code 1896, §3046; Code 1907, §5187; Code 1923, §9263; Code 1940, T. 7, §719; Act 2012-214, p. 387, §1.)

§ 6-8-66 Copies of Each Issue of Paper Containing Advertisement to Be Furnished to Parties

The publisher or manager of the newspaper must send to the officer or person making the advertisement a copy of each issue of the paper containing it, and a copy of such paper must be sent by mail to the person to whom the notice is directed, if his post office address can be ascertained, by the officer or person making the advertisement, such copy to be furnished by the publisher or manager of the newspaper in addition to the copy of each issue required in this section to be furnished.

(Code 1876, §3974; Code 1886, §665; Code 1896, §3044; Code 1907, §5185; Code 1923, §9261; Code 1940, T. 7, §717.)

§ 6-8-67 Newspapers as Evidence of Publication

The newspapers containing the advertisement shall be received as evidence of the fact of publication.

(Code 1886, §672; Code 1896, §3051; Code 1907, §5192; Code 1923, §9270; Code 1940, T. 7, §726.)

§ 6-8-68 Executors, Administrators, and Guardians in Probate Court

In all cases where notice is required by law to be given to executors, administrators, and guardians in the probate court, if affidavit shall be made that such executor, administrator, or guardian has been absent from the state for more than three months last passed, such notice shall be given by publication in a newspaper published in the county where such proceedings are had for two consecutive weeks or, if there is no such paper, by posting at the courthouse door for 15 days.

(Code 1896, §3042; Code 1907, §5183; Code 1923, §9259; Code 1940, T. 7, §715.)

§ 6-8-69 Postponement of Sale; Publication of Original Notice

Whenever it becomes necessary to postpone any sale that has been advertised to occur on a certain day, the same may be postponed by the auctioneer or attorney announcing, at the time set for sale, the date to which said sale is postponed; and the original notice shall be published once again, with a statement at the bottom that said sale has been postponed and the date when it will occur.

(Code 1923, §9266; Code 1940, T. 7, §722.)

Article 5 Counterclaims

§ 6-8-80 Judgments

Judgments may be set off against each other by a district or circuit court on motion.

(Code 1852, §2242; Code 1867, §2644; Code 1876, §2993; Code 1886, §2680; Code 1896, §3730; Code 1907, §5861; Code 1923, §10175; Code 1940, T. 7, §353.)

§ 6-8-81 Debt or Liquidated Demand Due Comaker or Principal

A comaker or surety against whom an action is commenced jointly or alone may, with the consent of his comaker or principal, counterclaim a debt or liquidated demand due from the plaintiff at the commencement of the action to such comaker or principal.

(Code 1852, §2243; Code 1867, §2645; Code 1876, §2994; Code 1886, §2681; Code 1896, §3731; Code 1907, §5862; Code 1923, §10176; Code 1940, T. 7, §354.)

§ 6-8-82 Exemptions - Wages of Head of Family

The wages or hire of any head of a family in this state, not having property liable to levy and sale under execution, cannot be defeated or abated by any counterclaim of a money demand acquired by the person contracting to pay such wages by assignment or transfer, unless the parties otherwise agree in writing.

(Code 1852, §2240; Code 1867, §2642; Code 1876, §2991; Code 1886, §2678; Code 1896, §3728; Code 1907, §5858; Code 1923, §10172; Code 1940, T. 7, §350.)

§ 6-8-83 Exemptions - Negotiated Commercial Paper

Paper governed by the commercial law, negotiated before maturity, is not subject to counterclaim.

(Code 1852, §2244; Code 1867, §2646; Code 1876, §2995; Code 1886, §2684; Code 1896, §3733; Code 1907, §5864; Code 1923, §10178; Code 1940, T. 7, §356.)

§ 6-8-84 Effect of Statute of Limitations

When the defendant pleads a counterclaim to the plaintiff’s demand, to which the plaintiff replies the statute of limitations, the defendant is nevertheless entitled to his counterclaim, where it was a legal subsisting claim at the time the right of action accrued to the plaintiff on the claim in the action.

(Code 1867, §2647; Code 1876, §2996; Code 1886, §2682; Code 1896, §3732; Code 1907, §5863; Code 1923, §10177; Code 1940, T. 7, §355.)

§ 6-8-85 Judgment for Defendant - Permissive Counterclaims

If the debt or demand permissively counterclaimed exceeds the amount of the plaintiff’s demand, the amount of such excess being found by the jury or court trying the same, judgment must be entered against the plaintiff for costs and in favor of the defendant for such excess, and where there is more than one defendant and the debt or demand permissively counterclaimed belongs to only one defendant, then judgment for such excess must be entered in favor of such defendant for such excess.

(Code 1852, §2241; Code 1867, §2643; Code 1876, §2992; Code 1886, §2679; Code 1896, §3729; Code 1907, §5860; Code 1923, §10174; Code 1940, T. 7, §352.)

§ 6-8-86 Judgment for Defendant - Compulsory Counterclaims

On a compulsory counterclaim, if the claim or demand of the defendant equals the claim or demand of the plaintiff, judgment must be entered for the defendant; if the claim or demand of the defendant exceeds the claim or demand of the plaintiff and the plaintiff is the party liable to its satisfaction, judgment must be entered against him in favor of the defendant for such excess and all costs.

(Code 1886, §2683; Code 1896, §3734; Code 1907, §5865; Code 1923, §10179; Code 1940, T. 7, §357.)

Article 6 Trials

§ 6-8-100 Answer of Tender; Judgment Thereon

An answer of tender of money or of a thing in action must be accompanied by a delivery of the money or such thing in action to the clerk of the court. If the tender is of ponderous articles or other personal property, the answer must aver a readiness to deliver it to the plaintiff. Judgment for the defendant upon the answer vests the title to the thing tendered in the plaintiff, subject to any claim the defendant may have for his trouble in keeping it.

(Code 1852, §§2245, 2246; Code 1867, §§2648, 2649; Code 1876, §§2997, 2998; Code 1886, §2585; Code 1896, §3298; Code 1907, §5334; Code 1923, §9473; Code 1940, T. 7, §228.)

§ 6-8-101 Litigation on Merits After Loss on Certain Defenses Not Bar to Raising of Same Defenses on Appeal

A party may raise the defenses of (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, and (5) insufficiency of service of process and, losing thereon, proceed to litigate on the merits; and, losing on the merits, the party may appeal and, on appeal, attack the judgment both on the merits and on such grounds (1) through (5) as he urged below.

(Code 1852, §2255; Code 1867, §2658; Code 1876, §3007; Code 1886, §2692; Code 1896, §3305; Code 1907, §5370; Code 1923, §9517; Code 1940, T. 7, §242.)

§ 6-8-102 Filing of Copies in Place of Missing Pleadings, Etc

If any of the original pleadings, motions, or other papers shall be lost, destroyed, or withheld by any person, the court may order a copy to be filed in the place of the missing original.

(Code 1852, §2268; Code 1867, §2672; Code 1876, §3022; Code 1886, §2734; Code 1896, §3310; Code 1907, §5349; Code 1923, §9488; Code 1940, T. 7, §250.)

§ 6-8-103 Allowing Omissions in Testimony to Be Supplied

The court may, at its discretion, at any time before the conclusion of the argument, when it appears to be necessary to the due administration of justice, allow a party to supply an omission in the testimony on such terms and under such limitations as the court may prescribe.

(Code 1907, §5351; Code 1923, §9490; Code 1940, T. 7, §252.)

§ 6-8-104 Limit of Two New Trials

No more than two new trials can be granted the same party in any cause of action.

(Code 1852, §2267; Code 1867, §2671; Code 1876, §3021; Code 1886, §2738; Code 1896, ,§3314; Code 1907, §5354; Code 1923, §9519; Code 1940, T. 7, §277.)

Chapter 9 Judgments

Article 1 General Provisions

§ 6-9-1 Executions on Judgments; Forms Thereof

The party in whose favor a judgment is entered, whether for debt, damages, or costs, for the satisfaction thereof, may, within 10 years thereafter, have a writ of execution against the lands and goods of the party against whom such judgment is entered. When the judgment is for specific property or the alternate value, or for the possession of lands, appropriate writs of execution may issue for the satisfaction thereof. Such writs of execution must substantially conform to the following forms:

(Form of Writ of Execution)

The State of Alabama,

_______ County.

To any Sheriff of the State of Alabama:

You are hereby commanded that of the goods and chattels, lands, and tenements of _____, you cause to be made the sum of _____ dollars, which _____ recovered of him on the _____ day of ___, 2, by the judgment of the circuit (or district) court, held for the County of _____, besides _____ dollars, costs of the action; and have the same to render to the said _____; and make return of this writ and the execution thereof according to law.

Witness my hand, this _____ day of ___, 2.

_____ Clerk or Register.

(Form of Writ of Possession and Execution)

The State of Alabama,

_______ County.

To any Sheriff of the State of Alabama:

You are hereby commanded to deliver to _____, possession of the lands and tenements which the said _____ recovered of _____ by the judgment of our circuit (or district) court, held for the County of _____ on the _____ day of ___, 2, viz.: (Describe the land recovered). You are further commanded of the goods and chattels, lands, and tenements of the said _____, you cause to be made the sum of _____ dollars damages adjudged to the said _____, and also the further sum of _____ dollars, costs of the action; and make return of this writ and the execution thereof according to law.

Witness my hand, this _____ day of ___, 2.

_____ Clerk or Register. (Form of Writ for Seizure and Delivery of Specific Property)

The State of Alabama,

_______ County.

To any Sheriff of the State of Alabama:

You are hereby commanded to seize and deliver to _____ the following personal property, viz.: (Describe the property recovered), which the said _____, on the _____ day of ___, 2, by judgment of our circuit (or district) court, held for the County of _____, recovered of _____, if the same can be had; if not, you are hereby commanded that of the goods and chattels, land, and tenements of the said _____, you cause to be made the sum of _____ dollars, the alternate value of the personal property, viz.: (Set out the assessed value of each item of personal property). Also the further sum of _____ dollars for the detention of said property by the said _____, besides _____ dollars, costs of the action; and make return of this writ and the execution thereof according to law.

Witness my hand, this _____ day of ___, 2.

_____ Clerk or Register.

(Code 1852, §2422; Code 1867, §2837; Code 1876, §3179; Code 1886, §2882; Code 1896, §1880; Code 1907, §4077; Code 1923, §7793; Code 1940, T. 7, §506.)

§ 6-9-2 Right of Surety Paying Judgment or Execution

The surety paying off such judgment or execution shall have control thereof and the same right to enforce it as the plaintiff would have had, but for the payment.

(Code 1907, §4086; Code 1923, §7801; Code 1940, T. 7, §514.)

Article 2 Issuance of Executions

§ 6-9-20 Who May Issue

The judge of any court may frame, or cause to be issued by the clerk or register, any writ of execution or process necessary to carry into effect any lawful judgment entered in his court.

(Code 1907, §4078; Code 1923, §7794; Code 1940, T. 7, §507.)

§ 6-9-21 When Execution to Issue - Generally

Within 90 days from the entry of a judgment, the clerk or register must issue execution thereon in favor of the successful party unless otherwise directed by the court or the judge presiding at the trial of the case or by the written direction of owner of the judgment or his attorney of record. The writ must be signed by the clerk or register, and tested on the day it is issued.

(Code 1852, §2423; Code 1867, §2838; Code 1876, §3180; Code 1886, §2883; Code 1896, §1881; Code 1907, §4079; Acts 1915, No. 206, p. 270; Code 1923, §7795; Acts 1936, Ex. Sess., No. 157, p. 181; Code 1940, T. 7, §508.)

§ 6-9-22 When Execution to Issue - Prior to Time Prescribed

Upon the entry of judgment, execution may be issued by leave of the court before the time prescribed in the Alabama Rules of Civil Procedure for the issuing of executions, the plaintiff, his agent, or attorney showing sufficient cause therefor by affidavit; but the defendant is not prevented thereby from moving for a new trial nor deprived of any right he would otherwise have had.

(Code 1852, §2426; Code 1867, §2841; Code 1876, §3183; Code 1886, §2886; Code 1896, §1884; Code 1907, §4082; Acts 1915, No. 206, p. 270; Code 1923, §7797; Code 1940, T. 7, §510.)

§ 6-9-23 When Execution to Issue - Fraudulent Disposal or Removal of Property by Defendant

After the entry of judgment and before the expiration of the time limited by the Alabama Rules of Civil Procedure, on affidavit being made and filed that the defendant is about fraudulently to dispose of or remove his property and that thereby the plaintiff will probably lose his debt, the clerk or register must issue execution against the property of the defendant.

(Code 1852, §2427; Code 1867, §2842; Code 1876, §3184; Code 1886, §2887; Code 1896, §1885; Code 1907, §4083; Acts 1915, No. 206, p. 270; Code 1923, §7798; Code 1940, T. 7, §511.)

§ 6-9-24 Alias Writs

(a) More than one writ of execution may be issued at the plaintiff’s cost, though the first be not returned; and when a writ of execution is returned not satisfied, or satisfied only in part, an alias writ of execution may be issued.

(b) When a judgment has been satisfied in part and an alias execution is issued, the clerk or register must endorse thereon the amount which had been previously made with the date of its collection or payment.

(Code 1852, §§2428, 2430; Code 1867, §§2843, 2845; Code 1876, §§3185, 3187; Code 1886, §§2888, 2890; Code 1896, §§1886, 1888; Code 1907, §§4087, 4089; Code 1923, §§7802, 7804; Code 1940, T. 7, §§515, 517.)

§ 6-9-25 Execution by Coroner or Special Coroner

When the office of sheriff is vacant and until his successor qualifies, when the sheriff is imprisoned, in cases to which he is a party, in cases in which he is interested or for any legal cause is incompetent to act, if such interest or cause appears on the face of the proceedings, the execution must be directed to, and executed by, the coroner or special coroner, as the case may be.

(Code 1852, §2429; Code 1867, §2844; Code 1876, §3186; Code 1886, §2889; Code 1896, §1887; Code 1907, §4088; Code 1923, §7803; Code 1940, T. 7, §516.)

§ 6-9-26 Certification of Total Court Costs and Fees to Accompany Execution

At the foot, or on some part, of the execution, the clerk or register of such court shall certify the total amount of court costs and fees to accompany execution, but otherwise, such court costs and fees need not be itemized in, or on, executions. Without such total amount of the costs and fees being placed upon said execution, the clerk or register issuing the execution forfeits all rights to receive any costs and fees in that case.

(Code 1852, §§2425, 3061; Code 1867, §§2840, 3532; Code 1876, §§3182, 5015; Code 1886, §2885; Code 1896, §1883; Code 1907, §4081; Code 1923, §7796; Code 1940, T. 7, §509; Acts 1949, No. 276, p. 402; Acts 1963, 2nd Ex. Sess., No. 139, p. 325.)

§ 6-9-27 Execution Against Plaintiff for Costs

When execution against the defendant is returned “no property found,” execution may issue against the plaintiff, in the name of the clerk or the register of the court, for all the costs created by him in obtaining his judgment.

(Code 1852, §2431; Code 1867, §2846; Code 1876, §3188; Code 1886, §2891; Code 1896, §1889; Code 1907, §4090; Code 1923, §7805; Code 1940, T. 7, §518.)

Article 3 Property Subject to Execution

§ 6-9-40 Real and Personal Property; Equity of Redemption Therein

Executions may be levied:

(1) On real property to which the defendant has a legal title or a perfect equity, having paid the purchase money, or in which he has a vested legal interest in possession, reversion, or remainder, whether he has the entire estate or is entitled to it in common with others.

(2) On personal property of the defendant, except things in action, whether he has the absolute title thereto or the right only to the possession thereof for his own life, the life of another or any shorter period, but this does not apply to a possession acquired by a bona fide hiring of chattels.

(3) On an equity of redemption in either land or personal property. When any interest less than the absolute title is sold, the purchaser is subrogated to all the rights of the defendant and subject to all his disabilities.

(Code 1852, §2455; Code 1867, §2871; Code 1876, §3209; Code 1886, §2892; Code 1896, §1890; Code 1907, §4091; Code 1923, §7806; Code 1940, T. 7, §519.)

§ 6-9-41 Growing or Ungathered Crops

No execution or other legal process must be levied upon a growing or ungathered crop of any description except for the purpose of enforcing liens upon such crop for rent, advances, or labor as prescribed by law.

(Code 1886, §2893; Code 1896, §1891; Code 1907, §4092; Code 1923, §7807; Code 1940, T. 7, §520.)

Article 4 Lien of Execution

§ 6-9-60 When Writ of Execution Becomes Lien

A writ of execution is a lien only within the county in which it is received by the officer authorized to execute it on the lands of the defendant in such county subject to levy and sale from the time the writ is levied by him and notice of levy as provided in Section 35-4-132 is filed for record with the judge of probate of such county. Such writ is a lien upon the personal property of the defendant subject to levy and sale from the time only that the writ is levied upon such personal property.

(Code 1852, §2456; Code 1867, §2872; Code 1876, §3210; Code 1886, §2894; Code 1896, §1892; Code 1907, §4093; Code 1923, §7808; Code 1940, T. 7, §521.)

§ 6-9-61 Destruction of Lien Upon Execution of Bond for Appeal, Etc

The execution of a bond for an appeal by which the judgment is suspended or the execution of a bond by the defendant upon the proper officer granting an injunction, stay of execution, or restraining order destroys the lien created by the recording of the certificate of the judgment or the levy of the execution upon personal property. The clerk of the court in which such bond, injunction, stay, or restraining order is granted shall, at the request of the party filing such bond or obtaining such order, note such fact on the margin of the record where the certificate of judgment is recorded in the event such certificate has been filed in the probate office.

(Code 1852, §2458; Code 1867, §2874; Code 1876, §3212; Code 1886, §2896; Code 1896, §1894; Code 1907, §4094; Code 1923, §7809; Code 1940, T. 7, §522.)

§ 6-9-62 Levy of Execution After Defendant’s Death

A writ of execution issued and received by the sheriff during the life of the defendant may be levied after his death or an alias issued and levied within 10 years from the date of the judgment if at the time of his death there was of record, in the county where the property is, a certificate of the judgment on which the execution issued.

(Code 1852, §2459; Code 1867, §2875; Code 1876, §3213; Code 1886, §2897; Code 1896, §1895; Code 1907, §4095; Code 1923, §7810; Code 1940, T. 7, §523.)

§ 6-9-63 Execution Where Defendant Dead

After six months from the date of the grant of letters testamentary or of administration on the estate of any defendant, in a judgment for money, execution thereof may be had by leave of the court entering the judgment, or of the judge thereof, upon cause shown, against any property on which said judgment was a lien at the time of the death of the defendant, and a sale of such property may be made in the same manner and with the same effect as if the defendant were living. In case of the death of the defendant in a judgment for the recovery of real or personal property, execution may be had without revival in the same manner as if the defendant had not died.

(Code 1907, §4096; Code 1923, §7811; Code 1940, T. 7, §524.)

Article 5 Levy, Sale and Return

Division 1 General Provisions

§ 6-9-80 Time for Execution and Return

The sheriff or other officer receiving an execution must execute the writ with diligence and, if practicable, perform the mandate thereof and make return of his acts to the clerk or register, as soon as practicable and not later than 90 days from the date of the execution.

(Code 1852, §2437; Code 1867, §2852; Code 1876, §3190; Code 1886, §2899; Code 1896, §1897; Code 1907, §4098; Code 1923, §7813; Code 1940, T. 7, §526.)

§ 6-9-81 Indemnity Bond

(a) When a reasonable doubt exists whether the personal property levied on belongs to the defendant or whether personal property alleged to be his is subject to levy and sale, the sheriff may require of the plaintiff, his agent or attorney a bond of indemnity, and if it is not given within 10 days thereafter, he may restore the property to the defendant, if levied on, or decline to levy, if one has not been made; but he may be required to levy and sell at any time thereafter on being indemnified.

(b) If any party having the prior lien refuses to give such indemnity on demand of the sheriff, the party having the next lien in order may give it and have the property sold for his benefit.

(Code 1852, §§2444, 2445; Code 1867, §§2858, 2859; Code 1876, §§3196, 3197; Code 1886, §§2905, 2906; Code 1896, §§1903, 1904; Code 1907, §§4107, 4108; Code 1923, §§7822, 7823; Code 1940, T. 7, §§533, 534.)

§ 6-9-82 Notice Where Levy on Real Estate

When the levy is on real estate, personal notice thereof must be given to the defendant or a notice thereof in writing left at his residence, if resident in the county; if not resident in the county, then by putting up a written notice at the courthouse door, and the manner of giving notice must be stated in the return.

(Code 1852, §2443; Code 1867, §2857; Code 1876, §3195; Code 1886, §2904; Code 1896, §1902; Code 1907, §4104; Code 1923, §7819; Code 1940, T. 7, §531.)

§ 6-9-83 Levy on Property of Principal First If Execution Against Sureties

When execution issues against two or more persons, any of whom were sureties on the contract before the judgment, the sheriff must levy on the property of the principal first, if any can be found in the county, on the application of such surety; and he may require of the surety affidavit of the fact of suretyship, which he must file with the execution.

(Code 1852, §2448; Code 1867, §2862; Code 1876, §3200; Code 1886, §2909; Code 1896, §1907; Code 1907, §4112; Code 1923, §7827; Code 1940, T. 7, §539.)

§ 6-9-84 Charging of Subjected Property Sold by Debtor

When property is subject to a lien and part of it is sold by the debtor, the part remaining in him should be first applied to the payment of the lien. If the property subject to such lien is sold in several parcels at different times, the parcels should be charged in the inverse order of their alienation.

(Code 1907, §4116; Code 1923, §7831; Code 1940, T. 7, §543.)

§ 6-9-85 Levy and Sale on Undivided Interest in Property

When a defendant in execution shall own, or be entitled to, an undivided interest in any property not exclusively in his own possession, such interest may be levied on and sold by the sheriff without taking the property into actual possession, and such sale shall vest in the purchaser all the interest of the defendant in such property.

(Code 1907, §4106; Code 1923, §7821; Code 1940, T. 7, §532.)

§ 6-9-86 Sale of Levied Property - Time and Place; Continuances

Lands, when levied on under execution from any court of record, must be sold on any Monday in the month at the courthouse of the county. Other property may be sold on any day, except Sunday, either at the courthouse, the residence of the defendant, the place where levied on, or the neighborhood thereof, as may be most expedient. The sale may be continued from day to day if rendered necessary by the inclemency of the weather or from inability to conclude the sale in one day.

(Code 1852, §2446; Code 1867, §2860; Code 1876, §3198; Code 1886, §2907; Code 1896, §1905; Code 1907, §4109; Code 1923, §7824; Code 1940, T. 7, §535.)

§ 6-9-87 Sale of Levied Property - Notice

In sales of personal property, notice must be given by advertisement at the courthouse door and also by publication in a newspaper, if one is published in the county, for 10 days previous to such sale, but only one insertion in such newspaper shall be necessary. In sales of real property, the publication in such newspaper must be once a week for three successive weeks and by posting up notice for 30 days at the courthouse door previous to the sale.

(Code 1852, §2447; Code 1867, §2861; Code 1876, §3199; Code 1886, §2908; Code 1896, §1906; Code 1907, §4110; Code 1923, §7825; Code 1940, T. 7, §536.)

§ 6-9-88 Sale of Levied Property - Perishable Goods and Chattels - Generally

When goods and chattels are levied on which in their nature are perishable and in danger of immediate waste or decay, the officer levying shall sell them at such time, on such notice and at such place as a sound discretion may warrant, being liable for an abuse of his discretion to any party injured.

(Code 1907, §4111; Code 1923, §7826; Code 1940, T. 7, §537.)

§ 6-9-89 Sale of Levied Property - Perishable Goods and Chattels - Strawberries

When strawberries are levied on or seized under any writ of detinue, writ of attachment, or writ of execution, the sheriff or constable making the levy or seizure shall, unless a replevy bond or forthcoming bond is immediately executed by the defendant, proceed forthwith to sell the strawberries so levied on or seized either at public or private sale, as he may deem best, and the proceeds of such sale shall be by such officer paid into the court out of which said writ was issued and shall be held by such court pending the final disposition of the case.

(Acts 1931, No. 348, p. 407; Code 1940, T. 7, §538.)

§ 6-9-90 Sale of Levied Property - Rights of Debtor - Designation of Property to Be Sold First

When a defendant in execution shall point out any of his property on which to levy the execution, the sheriff or other officer shall be bound to take and sell that first if the same is, in the opinion of such levying officer, sufficient to satisfy such judgment and costs.

(Code 1907, §4115; Code 1923, §7830; Code 1940, T. 7, §542.)

§ 6-9-91 Sale of Levied Property - Rights of Debtor - Substitution of Other Property

The debtor has the right, on the day of the sale, to substitute other property of equal value, not covered by any lien, in lieu of that levied on, which fact, and a description of the property substituted, must be endorsed on, or appended to, the execution, and the substituted property be sold in lieu of that levied on.

(Code 1852, §2450; Code 1867, §2864; Code 1876, §3202; Code 1886, §2911; Code 1896, §1909; Code 1907, §4114; Code 1923, §7829; Code 1940, T. 7, §541.)

§ 6-9-92 Sale of Levied Property - Notice to Plaintiff of Money Made

When the money, or any part thereof, has been made on an execution, the officer must give the plaintiff, his agent or attorney personal notice thereof within 10 days thereafter, if resident in the county; if not resident in the county and he knows the residence of them, or either of them, such notice may be sent by mail through the postal service.

(Code 1852, §2451; Code 1867, §2865; Code 1876, §3202; Code 1886, §2912; Code 1896, §1910; Code 1907, §4117; Code 1923, §7832; Code 1940, T. 7, §544.)

§ 6-9-93 Sale of Levied Property - Payment to Debtor

When, at an execution sale, the amount of the sale exceeds the judgment, interest and costs, the excess must be paid to the debtor or his legal representative. When money is paid or collected on an execution, the whole or any part of which is enjoined, the same must, on demand, be refunded to the debtor or his legal representative if it has been paid over to the plaintiff, his agent or attorney without notice of the injunction.

(Code 1852, §2452; Code 1867, §2866; Code 1876, §3204; Code 1886, §2913; Code 1896, §1911; Code 1907, §4118; Code 1923, §7833; Code 1940, T. 7, §545.)

§ 6-9-94 Death of Party After Execution Issued

The death of any plaintiff or defendant after the issuance or the levy of an execution on personal or real estate shall not affect the duty of the officer making the levy to proceed and sell as if such death had not occurred.

(Code 1907, §4101; Code 1923, §7816; Code 1940, T. 7, §528.)

§ 6-9-95 Levying Officer to Provide Sustenance for Unsold Livestock

When livestock is levied on and remains in the hands of the officer for sale, he or she must provide sustenance therefor, and it is his or her duty to hire out or employ the equine or equidae or other stock, if practicable, for their support. If unable to do so, he or she must be allowed by the court a reasonable compensation for their support, which he or she may retain from the proceeds of the sale.

(Code 1852, §2442; Code 1867, §2856; Code 1876, §3194; Code 1886, §2903; Code 1896, §1901; Code 1907, §4103; Code 1923, §7818; Code 1940, T. 7, §530; Act 2004-627, p. 1421, §1.)

§ 6-9-96 Return - Unexecuted Writ

If the writ is not executed or only executed in part, the reason why it is not executed or only executed in part must be stated in the return.

(Code 1852, §2439; Code 1867, §2854; Code 1876, §3192; Code 1886, §2901; Code 1896, §1899; Code 1907, §4100; Code 1923, §7815; Code 1940, T. 7, §527.)

§ 6-9-97 Return - Sheriff of Another County

The return of an execution or other process by a sheriff of a county other than that from which the process issued may be made through the postal service, and the certificate of the postmaster that it was placed in his office in time, by the usual course of mail, to reach the courthouse of the county where the return has to be made, by the return day of the writ, shall be presumptive evidence for the sheriff of the fact, but the sheriff is not authorized to send money by the mail without the consent of the plaintiff in execution.

(Code 1852, §2440; Code 1867, §2855; Code 1876, §3193; Code 1886, §2902; Code 1896, §1900; Code 1907, §4102; Code 1923, §7817; Code 1940, T. 7, §529.)

§ 6-9-98 Endorsements on Execution Writs - Time and Order of Receipt

The sheriff or other officer receiving an execution must endorse thereon the day, month, and year of its receipt, and when more than one execution against the same defendant comes to his hands on the same day, if not received at the same time, he must endorse thereon the order in which they are received.

(Code 1852, §2436; Code 1867, §2851; Code 1876, §3189; Code 1886, §2898; Code 1896, §1896; Code 1907, §4097; Code 1923, §7812; Code 1940, T. 7, §525.)

§ 6-9-99 Endorsements on Execution Writs - Description of Property Levied and Date Thereof

When a levy is made on real or personal property, a full description thereof, with the date of the levy, must be endorsed upon or appended to the execution.

(Code 1852, §2443; Code 1867, §2857; Code 1876, §3195; Code 1886, §2904; Code 1896, §1902; Code 1907, §4104; Code 1923, §7819; Code 1940, T. 7, §531.)

§ 6-9-100 Endorsements on Execution Writs 12-1-14.2 12-10A-1.1 Description of Land Sold and Price

When land is sold under execution, a description of the land and the price obtained for it must be endorsed upon, or appended to, the writ by the officer making such sale.

(Code 1852, §2453; Code 1867, §2867; Code 1876, §3205; Code 1886, §2914; Code 1896, §1912; Code 1907, §4119; Code 1923, §7834; Code 1940, T. 7, §546.)

§ 6-9-101 Endorsements on Execution Writs - Amount of Money Collected; Receipt for Defendant

When money is collected on an execution, the officer collecting it must endorse thereon, or append thereto, the amount collected, specifying the judgment, interest thereon and costs, with his own commissions, and sign his name thereto; and he must also, if required, receipt in like manner to the defendant.

(Code 1852, §2449; Code 1867, §2863; Code 1876, §3201; Code 1886, §2910; Code 1896, §1908; Code 1907, §4113; Code 1923, §7828; Code 1940, T. 7, §540.)

Division 2 Venditioni Exponas

§ 6-9-120 Return Showing Goods Levied on Unsold; Issuance of Writ; Form of Writ

When goods levied on remain in the hands of the officer unsold, it is his duty to make return of the fact; and, thereupon, the clerk must issue a writ for the sale thereof in substance as follows:

The State of Alabama,

_____ County.

To the Sheriff of said County:

You are hereby commanded to sell those goods and chattels of _____, which you have taken pursuant to our command, and which, according to your return, remain in your hands unsold, to satisfy _____ the sum of _____ dollars, recovered by him of the said _____ by the judgment of our circuit (or district) court, held for the County of _____ on the _____ day of ___, 19, and _____ dollars, cost of the action; and make return of this writ and execution thereof according to law.

Witness my hand, this _____ day of ___, 19.

_____ Clerk or Register.

(Code 1852, §2454; Code 1867, §2868; Code 1876, §3206; Code 1886, §2915; Code 1896, §1913; Code 1907, §4120; Code 1923, §7835; Code 1940, T. 7, §547.)

§ 6-9-121 Death of Levying Officer Prior to Sale; Proceedings If Property Not Delivered by Representatives of Deceased Officer

(a) When the officer taking property under execution shall die before the sale thereof, a writ of venditioni exponas shall issue directed to the proper officer of the county in which the property was taken, and such officer shall, under the writ of venditioni exponas, receive the property from the representatives of the former sheriff or other officer, who are required to deliver the same to the officer having the venditioni exponas, on his producing the same and executing a receipt for the property, and the officer shall proceed to sell the same as in other cases.

(b) If the representatives of the deceased officer shall refuse or neglect to deliver the property or if there shall not be an executor or administrator of his estate, the officer having the writ of venditioni exponas may seize the property taken by the former officer, wherever it may be found, and sell the same as in other cases, or the plaintiff may move for summary judgment in the court from which the execution issued against the representative of the deceased officer and his sureties; and, thereupon, a judgment shall be entered against the representatives of the deceased officer and his sureties for the amount of the execution which came to the hands of such deceased officer, with interest and costs.

(Code 1907, §§4121, 4122; Code 1923, §§7836, 7837; Code 1940, T. 7, §§548, 549.)

Division 3 Conveyance

§ 6-9-140 Conveyance of Title by Sale Under Judicial Process

A sale regularly made by virtue of judicial process issuing from a court of competent jurisdiction shall convey the title as effectually as if the sale was made by the person against whom the process issues.

(Code 1907, §4125; Code 1923, §7840; Code 1940, T. 7, §552.)

§ 6-9-141 Written Note or Memorandum Unnecessary

No note or memorandum in writing shall be necessary to charge any person at a judicial, execution or attachment sale other than the return of the officer on the process.

(Code 1907, §4126; Code 1923, §7841; Code 1940, T. 7, §553.)

§ 6-9-142 Caveat Emptor; When Officer Personally Bound

The purchaser must look for himself as to the title and soundness of all property sold under judicial process. Actual fraud or misrepresentation by the officer or his agent may bind him personally. No covenant of warranty binds him individually unless made with that intention for a valuable consideration and in writing.

(Code 1907, §4127; Code 1923, §7842; Code 1940, T. 7, §554.)

§ 6-9-143 Liability of Purchaser for Not Complying with Terms of Sale; Form of Action Against Purchaser

(a) Any person who may become the purchaser of any real or personal estate at any sale which may be made at public outcry by an executor, administrator or guardian or by any sheriff or other officer under and by virtue of any execution or other legal process and who shall fail or refuse to comply with the terms of such sale when requested so to do shall be liable for the amount of such purchase money, and it shall be at the option of such sheriff or other officer either to proceed against such purchaser for the full amount of the purchase money or to resell such real or personal estate and then proceed against the first purchaser for the deficiency arising from such sale.

(b) The action provided for in subsection (a) of this section may be commenced in the name of the sheriff or other officer making the sale for the use of the plaintiff or defendant in execution or for any other person in interest, as the case may be.

(Code 1907, §§4129, 4130; Code 1923, §§7844, 7845; Code 1940, T. 7, §§556, 557.)

§ 6-9-144 Purchaser Owner of Stock, Etc., Sold

The purchaser of any stock, share, interest, or judgment of the defendant, sold under execution or attachment, shall become the owner thereof in the same manner as if it had been regularly assigned to him by the defendant.

(Code 1907, §4124; Code 1923, §7839; Code 1940, T. 7, §551.)

§ 6-9-145 Enforcement of Covenants Running with Land

The purchaser at judicial sale may enforce any covenants of warranty running with the land which may be incorporated in the previous title deeds.

(Code 1907, §4128; Code 1923, §7843; Code 1940, T. 7, §555.)

§ 6-9-146 Void or Irregular Mortgage Foreclosure

A purchaser at a void or irregular judicial sale under foreclosure of a mortgage succeeds to all of the interests of the mortgagee.

(Code 1907, §4131; Code 1923, §7846; Code 1940, T. 7, §558.)

§ 6-9-147 Setting Aside of Sales by Courts

Courts have full power over their officers making execution or judicial sales, and whenever satisfied that a sale made under any legal process is infected with fraud, oppression, irregularity, or error to the injury of either party, the sale will be set aside.

(Code 1907, §4134; Code 1923, §7849; Code 1940, T. 7, §561.)

§ 6-9-148 When Debtor Bound by Void Sale

Where property is sold under void process and the proceeds are applied to valid liens against the defendant, or he receives the benefit thereof, he is bound thereby if present and not objecting to the sale.

(Code 1907, §4132; Code 1923, §7847; Code 1940, T. 7, §559.)

§ 6-9-149 Execution and Delivery of Deed to Real Estate Sold by Sheriff

When real estate or any interest therein has been sold by any sheriff, he shall, upon compliance by the purchaser with the terms of sale and the payment or tender of the fees for executing the deed therefor, execute a deed for such real estate or interest therein sold and deliver the same to the purchaser within five days after such sale.

(Code 1867, §2870; Code 1876, §3208; Code 1886, §2917; Code 1896, §1914; Code 1907, §4123; Code 1923, §7838; Code 1940, T. 7, §550.)

§ 6-9-150 Conveyance by Sheriff of Lands Sold by Predecessor

When any sheriff authorized by law to sell real estate makes such sale and dies or vacates his office before making a conveyance to the purchaser thereof, the court from which the writ issued, upon proof of the sale and of the payment of the purchase money, may order the successor in office of the sheriff making such sale to make a conveyance of such lands to the purchaser, and such conveyance shall relate back to the date of the sale. If the purchaser is the plaintiff in the judgment, proof that he has credited, or the fact that he does credit, on the record the defendant with the amount of the purchase money, less the necessary expenses and costs, is equivalent to proof of payment of the purchase money.

(Code 1867, §2869; Code 1876, §3207; Code 1886, §2916; Code 1896, §1915; Code 1907, §4133; Code 1923, §7848; Code 1940, T. 7, §560.)

Article 6 Forthcoming Bonds

§ 6-9-160 Restoration of Property Levied on to Debtor Upon Executing Bond; Execution on Forfeiture of Bond; Exception

(a) When personal property is levied on by the sheriff, if the defendant executes bond with sufficient surety in double the amount of the execution payable to the plaintiff and conditioned to deliver the property levied on to the proper officer by 12:00 noon of the day and at the place appointed for the sale thereof, the sheriff must restore the property to the defendant.

(b) If the property is not delivered according to the condition of the bond, the sheriff must return it forfeited within five days thereafter to the register or clerk’s office out of which the execution issued, endorsing thereon a forfeiture of the bond; and it is then the duty of the clerk or register, without delay, to issue execution on the forfeited bond against all the obligors therein for the judgment and costs, upon which no security of any kind can be taken, which he must endorse on the writ.

(c) Subsections (a) and (b) of this section do not apply to executions issued on judgments against sheriff, coroner or other officers of court against whom judgment is obtained for failing to pay over money collected by or paid to them in their official capacity, and the clerk or register must endorse on all such executions, “No security of any kind to be taken.”

(Code 1852, §§2467-2469; Code 1867, §§2889-2891; Code 1876, §§3214-3216; Code 1886, §§2918-2920; Code 1896, §§ 1916-1918; Code 1907, §§4135-4137; Code 1923, §§ 7850-7852; Code 1940, T. 7, §§562-564.)

§ 6-9-161 Tendering Value of Restored Property by Bond Obligors Where Same Dead or Destroyed

When property is restored to the defendant on the execution of a forthcoming bond and the same dies or is destroyed before the day for the delivery thereof without fault on his part, the obligors in the bond may tender the value thereof to the plaintiff, his agent or attorney, and if such tender is refused, the obligors in such bond may, on petition to the judge of the circuit court, supersede the same.

(Code 1852, §2470; Code 1867, §2890; Code 1876, §3217; Code 1886, §2921; Code 1896, §1919; Code 1907, §4138; Code 1923, §7853; Code 1940, T. 7, §565.)

Article 7 Satisying or Setting Aside of Judgments

§ 6-9-180 Jury Trial on Issues of Fact

If the motion or application is to enter satisfaction of a judgment under the Alabama Rules of Civil Procedure or to set aside the entry of satisfaction of a judgment, on request of either party, the issue of fact must be tried by a jury.

(Code 1886, §2870; Code 1896, §3340; Code 1907, §4146; Code 1923, §7861; Code 1940, T. 7, §573.)

Article 8 Revival of Judgments

§ 6-9-190 Revival Barred After 20 Years

A judgment cannot be revived after the lapse of 20 years from its entry.

(Code 1852, §2421; Code 1867, §2833; Code 1876, §3175; Code 1886, §2924; Code 1896, §1931; Code 1907, §4155; Code 1923, §7872; Code 1940, T. 7, §583.)

§ 6-9-191 Judgment Presumed Satisfied 10 Years After Entry or Execution

If 10 years have elapsed from the entry of the judgment without issue of execution or if 10 years have elapsed since the date of the last execution issued, the judgment must be presumed satisfied, and the burden of proving it not satisfied is upon the plaintiff.

(Code 1852, §2419; Code 1867, §2830; Code 1876, §3174; Code 1886, §2923; Code 1896, §1930; Code 1907, §4154; Code 1923, §7871; Code 1940, T. 7, §582.)

§ 6-9-192 Revival of Judgment of District or Circuit Court When Execution Did Not Issue

No execution shall issue on a judgment of the district or circuit court on which an execution has not been sued out within 10 years of its entry until the same has been revived by appropriate motion or action under the Alabama Rules of Civil Procedure.

(Code 1852, §2419; Code 1867, §2830; Code 1876, §3174; Code 1886, §2923; Code 1896, §1925; Code 1907, §4148; Code 1923, §7863; Code 1940, T. 7, §574.)

§ 6-9-193 Issuance of Execution in Favor of Personal Representative or Successor Without Revival

When a plaintiff dies after the entry of a judgment in his favor and such judgment is unsatisfied, execution may issue thereon in favor of the personal representative of such deceased plaintiff, and in like manner when a judgment is entered in favor of an executor, administrator, guardian or trustee who dies, resigns, is removed, or whose authority ceases from any cause, execution may issue in favor of the successor without a revival.

(Code 1867, §2834; Code 1876, §3176; Code 1886, §2925; Code 1896, §1926; Code 1907, §4149; Code 1923, §7864; Code 1940, T. 7, §575.)

§ 6-9-194 Revival in Favor of Personal Representative

When the plaintiff in any judgment dies, the same may be revived in favor of the personal representative of the plaintiff.

(Code 1867, §2835; Code 1876, §3177; Code 1886, §2926; Code 1896, §1927; Code 1907, §4150; Code 1923, §7865; Code 1940, T. 7, §576.)

§ 6-9-195 Execution in Favor of Surviving Plaintiffs

The death of one or more of several plaintiffs in a judgment shall not prevent the issuance of execution in favor of the survivors.

(Code 1907, §4151; Code 1923, §7866; Code 1940, T. 7, §577.)

§ 6-9-196 Transfer of Judgment; Right of Assignee Thereof to Have Execution; Action or Reviver Thereon

(a) When the transfer is made by any agent or attorney, the authority of the agent or the power of attorney shall be in writing duly acknowledged and recorded in the office of the probate judge and referred to in such transfer by noting the book and page where recorded. After such transfer, the original plaintiff shall have no further authority or control over such judgment.

(b) If an assignment of a judgment is made or endorsed on the execution docket or on the margin of the record of the judgment and is attested by the clerk, register or judge of probate, the assignee may have execution thereon in the name of the plaintiff for the use of the assignee, whether the plaintiff is living or dead.

(c) In all cases where a transfer of a judgment of a court in this state is made or endorsed on the execution docket or on the margin of the record of the judgment in the court where entered or in the office of the probate judge where a certificate of the judgment is recorded and which transfer is attested by the clerk, register or judge of probate, the assignee of such judgment in addition to the rights conferred upon him by subsection (b) of this section may maintain any action thereon or proceeding to revive in his own name that the plaintiff in said judgment could maintain if such transfer had not been made, whether the plaintiff is living or dead.

(d) The assignee of a judgment, if the assignment is in writing, may have the same revived in his name by appropriate action or motion under the Alabama Rules of Civil Procedure.

(Code 1867, §2836; Code 1876, §3178; Code 1886, §§2927, 2928; Code 1896, §§1928, 1929; Code 1907, §§4152, 4153; Acts 1915, No. 520, p. 591; Code 1923, §§7867-7870; Code 1940, T. 7, §§578-581.)

Article 9 Registration of Judgments

§ 6-9-210 Certificate of Clerk or Register to Be Filed with Probate Judge; Registration and Indexing by Probate Judge

The owner of any judgment entered in any court of this state or of the United States held in this state may file in the office of the judge of probate of any county of this state a certificate of the clerk or register of the court by which the judgment was entered, which certificate shall show the style of the court which entered the judgment, the amount and date thereof, the amount of costs, the names of all parties thereto and the name of the plaintiff’s attorney and shall be registered by the judge of probate in a book to be kept by him for that purpose, which said register shall also show the date of the filing of the judgment. Said judge shall make a proper index to said book, which shall also show under the proper letter or letters of the alphabet the names of each and every defendant to said judgment, and such judgments shall be recorded in chronological order of the filing of such judgments. Such certificate shall also show the address of each defendant or respondent, as shown in the court proceedings.

(Code 1896, §1920; Code 1907, §4150; Code 1923, §7874; Code 1940, T. 7, §584; Acts 1975, No. 1060, p. 2121.)

§ 6-9-211 Judgment Constitutes Lien on Property of Defendant

Every judgment, a certificate of which has been filed as provided in Section 6-9-210, shall be a lien in the county where filed on all property of the defendant which is subject to levy and sale under execution, and such lien shall continue for 10 years after the date of such judgment; provided, that when an action or other proceeding to enforce or foreclose said lien is instituted or begun within said 10 years, but has not been completed, decided, or determined within said 10-year period, and at the time said action or proceeding is instituted or begun, or lien claimed therein, a lis pendens notice thereof is filed in the office of the judge of probate of the county in which said property is situated, the lien provided for in this section shall continue as to the property upon which said lien is claimed in said action or proceeding and may be enforced or foreclosed in that action as if said 10-year period had not elapsed. No insolvency proceedings or declaration of insolvency shall affect or impair such lien, except bankruptcy proceedings instituted within four months after the filing of the certificate of judgment for record as provided by law. The filing of said certificate of judgment, as provided in Section 6-9-210, shall be notice to all persons of the existence of the lien thereby created.

(Code 1896, §1921; Code 1907, §4157; Code 1923, §7875; Code 1940, T. 7, §585.)

§ 6-9-212 Failure of Probate Judge to Register or Index

Any judge of probate who shall fail to make the registration or index required by Section 6-9-210 shall be liable to a penalty of $200, for the use of any party aggrieved, besides all damages sustained by such party.

(Code 1907, §4159; Code 1923, §7877; Code 1940, T. 7, §586.)

Article 10 Uniform Enforcement of Foreign Judgments Act

§ 6-9-230 Short Title

This article may be cited as the “Uniform Enforcement of Foreign Judgments Act.”

(Acts 1986, Ex. Sess., No. 86-713, p. 127, §1.)

§ 6-9-231 “Foreign Judgment” Defined

As used in this article, the term “foreign judgment” shall mean any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.

(Acts 1986, Ex. Sess., No. 86-713, p. 127, §2.)

§ 6-9-232 Filing Judgment with Clerk of Circuit Court; Effect of Judgment

A copy of any foreign judgment authenticated in accordance with an act of Congress or the statutes of this state may be filed in the office of the clerk of any circuit court of this state. A clerk of any circuit court shall note the filing in a special docket set up for foreign judgments. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a circuit court of this state and may be enforced or satisfied in like manner; provided, however, that any proceeding that is brought to enforce support obligations of other jurisdictions in this state by the withholding of income derived in this state shall be brought in accordance with Chapter 3A, commencing with Section 30-3A-101, of Title 30.

(Acts 1986, Ex. Sess., No. 86-713, p. 127, §3; Acts 1997, No. 97-245, p. 398, §2.)

§ 6-9-233 Filing Requirements; Notice of Filing; When Execution May Issue

(a) At the time of filing, the judgment creditor, or his lawyer, shall make and file with the clerk of the circuit court an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor. In addition, such affidavit shall include a statement that the foreign judgment is valid, enforceable, and unsatisfied.

(b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the special docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor’s lawyer, if any, in this state. In addition, the judgment creditor may mail notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.

(c) No execution or other process for enforcement of a foreign judgment filed hereunder shall issue until 30 days after the date the judgment is filed.

(Acts 1986, Ex. Sess., No. 86-713, p. 127, §4.)

§ 6-9-234 Stay of Enforcement of Foreign Judgment

(a) If the judgment debtor shows the circuit court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.

(b) If the judgment debtor shows the circuit court any ground upon which enforcement of a judgment of any circuit court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.

(Acts 1986, Ex. Sess., No. 86-713, p. 127, §5.)

§ 6-9-235 Fees

Any person filing a foreign judgment shall pay to the clerk of the circuit court an amount equal to that imposed for the filing of a civil action. Fees for docketing, transcription, or other enforcement proceedings shall be as provided for judgments of the circuit courts of this state.

(Acts 1986, Ex. Sess., No. 86-713, p. 127, §6.)

§ 6-9-236 Right of Action to Enforce Judgment Unimpaired

The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this article remains unimpaired.

(Acts 1986, Ex. Sess., No. 86-713, p. 127, §7.)

§ 6-9-237 Recording of Judgment in Probate Office

A copy of a foreign judgment authenticated in the manner described in Section 6-9-232 and filed in the circuit court may be recorded in the probate office as provided for judgments of the circuit courts of this state, and its being so filed shall have the same force and effect as the filing of a certificate of a judgment obtained in a circuit court of this state.

(Acts 1986, Ex. Sess., No. 86-713, p. 127, §8.)

§ 6-9-238 Construction of Article

This article shall be so interpreted and construed as to effectuate its general purpose to make uniform the laws of those states which enact it.

(Acts 1986, Ex. Sess., No. 86-713, p. 127, §9.)

Article 11 Alabama Uniform Foreign-Country Money Judgments Recognition Act

§ 6-9-250 Short Title

This article may be cited as the Alabama Uniform Foreign-Country Money Judgments Recognition Act.

(Act 2012-470, p. 1296, §1.)

§ 6-9-251 Definitions

In this article:

(1) “Foreign country” means a government other than:

a. the United States;

b. a state, district, commonwealth, territory, or insular possession of the United States; or

c. any other government with regard to which the decision in this state as to whether to recognize a judgment of that government’s courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.

(2) “Foreign-country judgment” means a judgment of a court of a foreign country.

(Act 2012-470, p. 1296, §2.)

§ 6-9-252 Applicability of Article

(a) Except as otherwise provided in subsection (b), this article applies to a foreign-country judgment to the extent that the judgment:

(1) grants or denies recovery of a sum of money; and

(2) under the law of the foreign country where rendered, is final, conclusive, and enforceable.

(b) This article does not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:

(1) a judgment for taxes;

(2) a fine or other penalty; or

(3) a judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations.

(c) A party seeking recognition of a foreign-country judgment has the burden of establishing that this article applies to the foreign-country judgment.

(Act 2012-470, p. 1296, §3.)

§ 6-9-253 Recognition of Foreign-Country Judgments

(a) Except as otherwise provided in subsections (b) and (c), a court of this state shall recognize a foreign-country judgment to which this article applies.

(b) A court of this state shall not recognize a foreign-country judgment if:

(1) the judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;

(2) the foreign court did not have personal jurisdiction over the defendant; or

(3) the foreign court did not have jurisdiction over the subject matter.

(c) A court of this state need not recognize a foreign-country judgment if:

(1) the defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;

(2) the judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;

(3) the judgment or the claim for relief on which the judgment is based is repugnant to the public policy of this state or of the United States;

(4) the judgment conflicts with another final and conclusive judgment;

(5) the proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;

(6) in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;

(7) the judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or

(8) the specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.

(d) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) or (c) exists.

(Act 2012-470, p. 1296, §4.)

§ 6-9-254 Lack of Personal Jurisdiction; Recognition Sought

(a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:

(1) the defendant was served with process personally in the foreign country;

(2) the defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;

(3) the defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;

(4) the defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that has its principal place of business in, or was organized under the laws of, the foreign country;

(5) the defendant had a business office in the foreign country and the proceeding in the foreign court involved a claim for relief arising out of business done by the defendant through that office in the foreign country; or

(6) the defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a claim for relief arising out of that operation.

(b) The list of bases for personal jurisdiction in subsection (a) is not exclusive. The courts of this state may recognize bases of personal jurisdiction other than those listed in subsection (a) as sufficient to support a foreign-country judgment.

(Act 2012-470, p. 1296, §5.)

§ 6-9-255 Action Seeking Recognition of Foreign-Country Judgment

(a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.

(b) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.

(c) The party seeking recognition is required to provide the court with a certified copy of the judgment, and if not in English, an English translation which complies with the requirements of Alabama law.

(Act 2012-470, p. 1296, §6.)

§ 6-9-256 Judgment Conclusive and Enforceable

If the court in a proceeding under Section 6-9-255 finds that the foreign-country judgment is entitled to recognition under this article, then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:

(1) conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive; and

(2) enforceable in the same manner and to the same extent as a judgment rendered in this state.

(Act 2012-470, p. 1296, §7.)

§ 6-9-257 Stay of Proceedings on Appeal

If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.

(Act 2012-470, p. 1296, §8.)

§ 6-9-258 Commencement of Action

An action to recognize a foreign-country judgment must be commenced within the later of the time during which the foreign-country judgment is effective in the foreign country or 5 years from the date that the foreign-country judgment became final, conclusive, and enforceable in the foreign country.

(Act 2012-470, p. 1296, §9.)

§ 6-9-259 Construction and Application of Article

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 2012-470, p. 1296, §10.)

§ 6-9-260 Comity

This article does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this article.

(Act 2012-470, p. 1296, §11.)

§ 6-9-261 Date of Commencement

This article applies to all actions commenced on or after January 1, 2013, in which the issue of recognition of a foreign-country judgment is raised.

(Act 2012-470, p. 1296, §12.)

Chapter 10 Exemptions

Article 1 Exemptions from Levy and Sale Under Process

Division 1 General Provisions

§ 6-10-1 Law Governing Exemptions and Claims

(a) Except as provided in subsection (b), the right to a homestead or other exemption shall be governed by the law in effect when the debt or demand was created, but the procedures or remedies for asserting, ascertaining, contesting, and determining claims thereto shall be as prescribed in this chapter.

(b) For any case filed under the United States Bankruptcy Code, Title 11 U.S.C., the amount of the debtor’s homestead or other exemption, as provided by this chapter, shall be governed by the law in effect as of the date the bankruptcy petition is filed.

(Code 1876, §2844; Code 1886, §2542; Code 1896, §2068; Code 1907, §4195; Code 1923, §7917; Code 1940, T. 7, §660; Act 2026-203, §1.)

§ 6-10-2 Homestead Exemption - Amount; Size

(a) The homestead of every resident of this state, including improvements and appurtenances, which does not exceed 160 acres in size and is valued at no more than: (i) fifteen thousand dollars ($15,000); or (ii) fifty-six thousand four hundred dollars ($56,400) if the resident is either 62 years of age or older or an individual with a disability, shall be exempt from levy, sale, execution, or other process for debt collection during his or her lifetime and occupancy to the extent of any interest he or she may have in the property, whether a fee simple or less estate held individually or jointly. If he or she leaves a surviving spouse and a minor child, or children, or either, the exemption applies during the lifetime of the surviving spouse and minority of the child, or children, but the size of the homestead shall not be increased due to any encumbrance on the property or of the nature of the estate or interest he or she owns. When a homestead is jointly owned, each owner is entitled to claim the exemption separately to the same extent and value as an unmarried individual. For purposes of this section and Sections 6-10-38 and 6-10-40, a mobile home or similar dwelling used as the principal residence of the individual claiming the exemption shall be considered a homestead.

(b) For the purposes of this section, “individual with a disability” has the same meaning as the term is defined in Section 21-7-1. Proof of disability shall include any of the following:

(1) A disability determination letter from: (i) the armed services; (ii) a state or federal government agency; (iii) a private insurer; or (iv) a workers’ compensation settlement agreement.

(2) Receipt of benefits resulting from a disability determination in subdivision (1).

(3) Written and sworn affidavits of two physicians licensed to practice medicine in Alabama who certify the disability, provided that at least one of the physicians is actively providing treatment directly related to the disability of the individual seeking the exemption. Physician affidavits must be on a form prescribed by the Alabama Department of Revenue for seeking an ad valorem exemption pursuant to Section 40-9-21.

(Code 1876, §2820; Code 1886, §2507; Code 1896, §2033; Code 1907, §4160; Code 1923, §7882; Code 1940, T. 7, §625; Acts 1980, No. 80-569, p. 879, §2; Act 2015-484, §1; Act 2026-203, §1.)

§ 6-10-3 Homestead Exemption - Alienation by Married Person

No mortgage, deed or other conveyance of the homestead by a married person shall be valid without the voluntary signature and assent of the husband or wife, which must be shown by his or her examination before an officer authorized by law to take acknowledgments of deeds, and the certificate of such officer upon, or attached to, such mortgage, deed, or other conveyance, which certificate must be substantially in the form of acknowledgment for individuals prescribed by Section 35-4-29.

(Code 1876, §2822; Code 1886, §2508; Code 1896, §2034; Code 1907, §4161; Code 1923, §7883; Acts 1931, No. 116, p. 183; Code 1940, T. 7, §626; Acts 1951, No. 83, p. 300.)

§ 6-10-4 Homestead Exemption - Liens Not Affected

The provisions of this article shall not, however, be so construed as to prevent any lien attaching to the homestead in favor of any laborer, merchant, or materialman for work and labor done or for materials furnished, or in favor of any vendor for unpaid purchase money or so as to affect any deed, mortgage, or lien on such homestead, lawfully executed or created.

(Code 1876, §2822; Code 1886, §2509; Code 1896, §2035; Code 1907, §4162; Code 1923, §7884; Code 1940, T. 7, §627.)

§ 6-10-5 Burial Place and Church Pew or Seat

In favor of any resident of this state, there shall also be exempt from levy and sale, under execution or other process, any lot or lots in cemeteries or elsewhere, set apart or used as a burial place for himself or herself or family and any pew or seat in any church or other place of worship, held and occupied by him or her for the use of himself or herself or family.

(Code 1876, §2823; Code 1886, §2510; Code 1896, §2036; Code 1907, §4163; Code 1923, §7885; Code 1940, T. 7, §628.)

§ 6-10-6 Personalty

The personal property of such resident, except for wages, salaries, or other compensation, to the extent of the resident’s interest therein, to the amount of seven thousand five hundred dollars ($7,500) in value, to be selected by him or her, and, in addition thereto, all necessary and proper wearing apparel for himself or herself and family, all family portraits or pictures and all books used in the family shall also be exempt from levy and sale under execution or other process for the collection of debts. No wages, salaries, or other compensation shall be exempt except as provided in Section 5-19-15 or Section 6-10-7.

(Code 1876, §§2820, 2823; Code 1886, §2511; Code 1896, §2037; Code 1907, §4164; Code 1923, §7886; Code 1940, T. 7, §629; Acts 1980, No. 80-569, p. 879, §3; Acts 1988, No. 88-294, p. 454, §2; Act 2015-484, §1.)

§ 6-10-6.1 Exclusions from Personal Property

(a) Wages, salaries, or other compensation of a resident are not personal property for the purposes of exemption from garnishment, levy, sale under execution, or other process for the collection of debt.

(b) It is the intent of this section to exclude from the meaning of personal property the wages, salaries, or other compensation of a resident for the purposes of the personal property exemption under Section 6-10-6 and Section 204 of the Constitution of Alabama of 1901.

(Act 2015-484, §2.)

§ 6-10-7 Wages, Salaries, or Other Compensation of Laborers or Employees for Personal Services

(a) The wages, salaries, or other compensation of laborers or employees, residents of this state, for personal services, shall be exempt from levy under writs of garnishment or other process for the collection of debts contracted or judgments entered in tort in an amount equal to 75 percent of such wages, salaries, or other compensation due or to become due to such laborers or employees, and the levy as to such percentage of their wages, salaries, or other compensation shall be void. The court issuing the writ or levy shall show thereon the amount of the claim of the plaintiff and the court costs in the proceedings. If at any time during the pendency of the proceedings in the court a judgment is entered for a different amount, then the court shall notify the garnishee of the correct amount due by the defendant under the writ or levy. The garnishee shall retain 25 percent of the wages, salaries, or other compensation of the laborer or employee during the period of time as is necessary to accumulate a sum equal to the amount shown as due by the court on the writ or levy. Should the employment of the defendant for any reason be terminated with the garnishee, then the garnishee shall not later than 15 days after the termination of employment, report the termination to the court and pay into court all sums withheld from the defendant’s wages, salaries, or other compensation. If the plaintiff in garnishment contests the answer of the garnishee, as now provided by law in such cases, and proves to the court the deficiency or untruth of the garnishee’s answer, the court shall enter judgment against the garnishee for such amount as would have been subject to the order of condemnation had the sum not been released to the defendant.

(b) The garnishee shall, after a period of 30 days from the first retention of any sum from the defendant’s wages, salaries, or other compensation, commence paying the funds into court, as they are deducted or withheld and continue to do so on a monthly or more frequent basis until the full amount is withheld. Upon receipt by the court of a written request by the plaintiff, the court may enter an order of condemnation of said funds received and thereupon disburse the same to the plaintiff.

(Code 1876, §2823; Code 1886, §2512; Code 1896, §2038; Code 1907, §4165; Code 1923, §7887; Acts 1939, No. 235, p. 396; Code 1940, T. 7, §630; Acts 1949, No. 541, p. 851; Acts 1957, No. 613, p. 880; Acts 1992, 2nd Ex. Sess., No. 92-681, p. 67, §1.)

§ 6-10-8 Rights of Beneficiaries and Assignees Under Life Insurance Policies

If a policy of insurance, whether heretofore or hereafter issued, is effected by any person on his or her own life or on another life in favor of a person other than himself or herself or, except in cases of transfer with intent to defraud creditors, if a policy of life insurance is assigned or in any way made payable to any such person, the lawful beneficiary or assignee thereof, other than the insured or the person so effecting such insurance, or his or her executors or administrators, shall be entitled to its proceeds and avails against the creditors and representatives of the insured and of the person effecting the same, whether or not the right to change the beneficiary is reserved or permitted and whether or not the policy is made payable to the person whose life is insured if the beneficiary or assignee shall predecease such person; provided, that subject to the statute of limitations, the amount of any premiums for said insurance paid with intent to defraud creditors, with interest thereon, shall inure to their benefit from the proceeds of the policy; but the company issuing the policy shall be discharged of all liability thereon by payment of its proceeds in accordance with its terms unless, before such payment, the company shall have written notice, by or in behalf of a creditor, of a claim to recover for transfer made or premiums paid with intent to defraud creditors, with specifications of the amount claimed. A husband or a wife, in his or her own name or in the name of a trustee, may insure the life of his or her spouse for the benefit of himself or herself, or for the benefit of himself or herself and any child or children of the marriage; or a husband or a wife may insure his or her own life for the benefit of his or her spouse, or for the benefit of his or her spouse and children, or for the benefit of their children, either in the names of such children or in the name of a trustee; and such insurance and the proceeds and avails thereof, whether or not the right to change the beneficiary is reserved or permitted, is exempt from liability for the debts or engagements of the insured, or for the torts of the insured, or for any penalty or damages recoverable of the insured.

(Code 1867, §§3539h, 3539i; Code 1876, §§2733, 2734; Code 1886, §2356; Code 1896, §2535; Code 1907, §4502; Code 1923, §8277; Acts 1932, Ex. Sess., No. 160, p. 190; Code 1940, T. 7, §624.)

§ 6-10-9 Partnership Property

No property, real or personal, held or owned by partners as partnership property or purchased with partnership funds for partnership purposes shall be the subject of homestead or other exemption as against copartners or partnership creditors.

(Code 1876, §2820; Code 1886, §2513; Code 1896, §2039; Code 1907, §4166; Code 1923, §7888; Code 1940, T. 7, §631.)

§ 6-10-10 County and Municipal Property

All property, real or personal, belonging to the several counties or municipal corporations in this state and used for county or municipal purposes shall be exempt from levy and sale under any process or judgment whatsoever.

(Code 1876, §2845; Code 1886, §2514; Code 1896, §2040; Code 1907, §4167; Code 1923, §7889; Code 1940), T. 7, §632.)

§ 6-10-11 Exemptions in Federal Bankruptcy

In cases instituted under the provisions of Title 11 of the United States Code entitled Bankruptcy, there shall be exempt from the property of the estate of an individual debtor only that property and income which is exempt under the laws of the State of Alabama and under federal laws other than Subsection (d) of Section 522 of Title 11 of the United States Code.

(Acts 1980, No. 80-569, p. 879, §1; Act 2015-484, §1.)

§ 6-10-12 Adjustments to Exemption Values

On July 1, 2017, and at the end of each 3-year period thereafter, the State Treasurer shall adjust each dollar amount in this article or, for each adjustment after July 1, 2017, each adjusted amount, by an amount determined by the State Treasurer to reflect the cumulative change in the consumer price index, as published by the United States Department of Labor, or, if that index is no longer published, a generally available comparable index, for the 3-year period ending on the December 31 preceding the adjustment date and rounded to the nearest twenty-five dollars ($25.00). The State Treasurer shall publish the adjusted amounts. The adjusted amounts apply to exemptions claimed on or after April 1 following the adjustment date.

(Act 2015-484, §2.)

Division 2 Claim and Contest of Exemptions

§ 6-10-20 Declaration of Claimed Exemptions - Making and Filing

Any resident of this state entitled to, and desiring to, claim a homestead or other exemption from levy and sale under execution or other process may, at any time, make and file in the office of the probate judge of the county in which the property is situated, if a homestead, or, if personal property, of the county in which such resident resides, a declaration in writing, subscribed and sworn to by him or her, describing the property selected and claimed by him or her as exempt, item by item, in case of personal property, with its value. Other declarations may, from time to time, as occasion may require, be made and filed.

(Code 1876, §2828; Code 1886, §2515; Code 1896, §2041; Code 1907, §4168; Code 1923, §7890; Code 1940, T. 7, §633.)

§ 6-10-21 Declaration of Claimed Exemptions - Recordation; Receipt; Certified Copies

Such declarations of claims of exemptions shall be recorded in a separate book, kept for that purpose, and the probate judge, on request, shall give a receipt therefor and shall furnish a certified copy thereof, when requested, on payment of lawful fees therefor.

(Code 1876, §2829; Code 1886, §2516; Code 1896, §2042; Code 1907, §4169; Code 1923, §7891; Code 1940, T. 7, §634.)

§ 6-10-22 Declaration of Claimed Exemptions - Fees for Filing, Etc

The fees for filing, recording, copying, and certifying such declarations shall be the same as are allowed by law for filing, recording, copying, and certifying deeds.

(Code 1876, §2829; Code 1886, §2518; Code 1896, §2044; Code 1907, §4171; Code 1923, §7893; Code 1940, T. 7, §636.)

§ 6-10-23 Declaration of Claimed Exemptions - Effect as Evidence and Notice

After the filing of such declaration, the claim of exemption therein asserted shall be taken and considered as prima facie correct, and the filing thereof shall operate as notice of its contents.

(Code 1876, §§2828, 2831; Code 1886, §2517; Code 1896, §2043; Code 1907, §4170; Code 1923, §7892; Code 1940, T. 7, §635.)

§ 6-10-24 Declaration of Claimed Exemptions - Effect of Waiver or Contest

After such declaration of claim has been filed for record, the property therein embraced shall not be subject to levy unless there is endorsed on the process the fact that there has been a waiver of exemption as to the kind of property on which the levy is sought to be made or the claim is contested.

(Code 1876, §2830; Code 1886, §2519; Code 1896, §2045; Code 1907, §4172; Code 1923, §7894; Code 1940, T. 7, §637.)

§ 6-10-25 Declaration of Claimed Exemptions - Contesting of Claims

A plaintiff, in person or by his or her agent or attorney, may contest a claim of exemption after a declaration thereof has been filed by making and filing with the officer holding the process an affidavit that, in his belief, either the claim is invalid entirely or it is invalid in part or is excessive, specifying wherein such invalidity or excess consists, and if excessive, also specifying the property alleged to be in excess, to be, in all cases, the last named in the claim. If the claim is of personal property, he or she must also deliver to the officer a bond in double the value of the property sought to be levied on, with sureties to be approved by the officer, payable to the defendant claiming the exemption and conditioned that if the plaintiff fails in the contest, he or she will pay the defendant all such costs and damages as he or she may sustain by reason of the wrongful institution of the contest. Thereupon, the officer shall proceed to make a levy and, within three days thereafter, shall notify the defendant in writing of the same.

(Code 1876, §2830; Code 1886, §2520; Code 1896, §2046; Code 1907, §4173; Code 1923, §7895; Code 1940, T. 7, §638.)

§ 6-10-26 Claim of Exemption After Levy and Prior to Sale; Contesting of Such Claim

The right of homestead or other exemption shall not be waived or lost by a failure, before the levy of process, to file for record a declaration claiming the same; but the defendant, in person or by his or her agent or attorney, may, at any time after the levy and prior to a sale, file with the officer making the levy a claim in writing, verified by oath, to such property, or any part thereof, as exempt and, if of a part, describing the same; and, within three days thereafter, such officer must give to the plaintiff or his or her agent or attorney written notice of the filing of the claim. Thereupon, the plaintiff, in person or by his or her agent or attorney, may contest the claim in the mode provided in Section 6-10-25; except, that no bond need be executed; and on the institution of such contest, the officer shall, within three days thereafter, give the defendant written notice of the same. If the plaintiff does not institute such contest within 10 days after notice of the claim, the levy shall be discharged, the property, if personal, shall be returned to the defendant and the plaintiff shall be taxed with the costs of making the levy and keeping the property. When the levy has been made on personal property, the defendant must file with his or her claim the statement of personal property, choses in action and money, with the value and location thereof, as required by the provisions of Section 6-10-29.

(Code 1876, §2834; Code 1886, §2521; Code 1896, §2047; Code 1907, §4174; Code 1923, §7896; Code 1940, T. 7, §639.)

§ 6-10-27 Contest of Exemption Claim - Delivery of Personalty to Defendant Upon Executing Bond; Proceedings When Bond Not Forthcoming

(a) When any contest of a claim of exemption to personal property has been instituted, the defendant claiming the exemption may, within five days after service of notice of the contest, deliver to the officer making the levy a bond in double the amount of the value of the property, to be fixed by, and with sureties to be approved by, the officer, payable to the plaintiff and conditioned that if the defendant is not successful in the contest, he or she will, within 30 days thereafter, deliver the property to such officer and will pay all costs and damages that may result from its detention. Thereupon, the property shall be delivered to the defendant.

(b) If the defendant fails to deliver such bond within the five days allowed him or her and the plaintiff shall, within five days thereafter, deliver to the officer a bond in the amount, and with the sureties, provided in subsection (a) of this section, conditioned that if the plaintiff is not successful in the contest, he or she will, within 30 days thereafter, deliver the property to the defendant and pay all costs and damages that may result from the detention thereof, the property shall be delivered to the plaintiff; but if the plaintiff fails to deliver such bond within the five days allowed, the property must be returned to the defendant without bond.

(Code 1876, §2836; Code 1886, §§2522, 2523; Code 1896, §§2048, 2049; Code 1907, §§4175, 4176; Code 1923, §§7897, 7898; Code 1940, T. 7, §§640, 641.)

§ 6-10-28 Contest of Exemption Claim - Return of Levying Officer

In case of such contest, the officer making the levy must, within 15 days after the institution of the contest, return the process and other papers to the court to which the process is returnable, accompanied with a full statement of the facts.

(Code 1876, §2836; Code 1886, §2524; Code 1896, §2050; Code 1907, §4177; Code 1923, §7899; Code 1940, T. 7, §642.)

§ 6-10-29 Contest of Exemption Claim - Filing of Inventory by Defendant; Effect of Failure to File

On any contest of a claim of exemption to personal property, on the plaintiff’s written demand, made at any time, the defendant claiming the exemption shall, within 10 days, file a full and complete inventory, duly verified by oath, of all his or her personal property, except the wearing apparel, portraits, pictures, and books specifically exempted from levy and sale, with the value and location of each item of such property, of all money belonging to him or her, whether in his or her possession or held by others for him or her, and of all debts and choses in action belonging to him or her or in which he or she is beneficially interested, with the value of each of them. If such inventory is not filed within the time prescribed, the plaintiff shall not be required to tender an issue on the claim, but the court must enter judgment by default against the defendant, unless good and sufficient cause is shown to the contrary.

(Code 1876, §2837; Code 1886, §2525; Code 1896, §2051; Code 1907, §4178; Code 1923, §7900; Code 1940, T. 7, §643.)

§ 6-10-30 Contest of Exemption Claim - Trial of Issues

The contest of any claim of exemptions shall be a preferred case, and after the return of the process, if both parties appear, an issue or issues shall be formed under the direction of the court as to whether the property in contest, or any and what part of it, is exempt as claimed. Such issue or issues shall be tried as other cases are tried. In all cases, the party in whose favor the levy was made shall be deemed the plaintiff, upon whom shall rest the burden of proof, and both parties shall be entitled to the same right of objection, exception, and of appeal as in other cases.

(Code 1876, §2838; Code 1886, §2526; Code 1896, §2052; Code 1907, §4179; Code 1923, §7901; Code 1940, T. 7, §644.)

§ 6-10-31 Contest of Exemption Claim - Trial by Jury in Probate Court

When a contest of a claim of exemption is triable in the probate court, either party shall be entitled to a trial by jury on demand therefor, made by the contestant at the time of filing the contest and by the contestee within 10 days after notice of the contest is filed by the claimant; but if not then made, the right of trial by jury shall be waived.

(Code 1876, §2838; Code 1886, §2527; Code 1896, §2053; Code 1907, §4180; Code 1923, §7902; Code 1940, T. 7, §645.)

§ 6-10-32 Contest of Exemption Claim - Judgment

If the plaintiff fails to appear in support of his contest or if on the trial all the property in contest is found exempt, judgment must be entered against the plaintiff for the costs of the levy and contest and releasing the property from the levy, but if the defendant fails to appear in support of his or her claim of exemption or if on the trial any of the property is found liable to the process, judgment must be entered against the defendant for costs and condemning the property to sale.

(Code 1876, §2838; Code 1886, §2528; Code 1896, §2054; Code 1907, §4181; Code 1923, §7903; Code 1940, T. 7, §646.)

§ 6-10-33 Contest of Exemption Claim - Proceedings When Claim of Personalty Found Excessive

When, on a contest of a claim of exemption to personal property, the issue is whether or not the claim is excessive and such issue is found in favor of the plaintiff, it must also be ascertained by the finding of the court or the verdict of the jury, as the case may be, how much and what portion of the property is exempt, describing the same with its value, approximating in value as nearly as practicable $3,000, and the residue of the property shall be sold, and out of the proceeds of sale there shall be paid to the defendant an amount which, when added to the value of the property found to be exempt, will make the exemption equal to $3,000, and the balance shall be applied to the payment of the costs and satisfaction of the process.

(Code 1876, §2839; Code 1886, §2529; Code 1896, §2055; Code 1907, §4182; Code 1923, §7904; Code 1940, T. 7, §647; Acts 1980, No. 80-569, p. 879, §4.)

§ 6-10-34 Contest of Exemption Claim - Proceedings When Inventory Discloses Personalty Not Embraced by Claim of Exemption

When, on a contest of a claim of exemption to personal property, an inventory filed by the defendant on the plaintiff’s demand discloses other personal property owned by the defendant and subject to sale under process not embraced in the claim of exemption, the defendant, at the time of filing the inventory, shall deliver such property to the officer making the levy, who shall, whether he has returned the process or not, in case of an execution sell the property as in other cases and apply the proceeds to the satisfaction of the execution or, in case of an attachment or other mesne process, shall hold the property to await the final determination of the action. In either event, he shall make due return of the facts to the court.

(Code 1886, §2530; Code 1896, §2056; Code 1907, §4183; Code 1923, §7905; Code 1940, T. 7, §648.)

§ 6-10-35 Contest of Exemption Claim - Tender of Issue by Plaintiff on Inventory Filed by Defendant; Determination Thereof

When, on a contest of a claim of exemption to personal property, an inventory has been filed by the defendant, an issue may be tendered by the plaintiff that the defendant has other personal property subject to levy and sale under the process not embraced in the inventory or that the inventory discloses that the defendant has other personal property subject to levy and sale under the process not embraced in the claim of exemption which he has failed to deliver to the officer levying the process. If such issue is determined in favor of the plaintiff, the value of such property shall be ascertained and estimated in ascertaining the amount of the exemption to which the defendant is entitled and be deducted from his or her claim in contest as if such property had been selected by him or her as part of his or her exemptions.

(Code 1876, §2839; Code 1886, §2531; Code 1896, §2057; Code 1907, §4184; Code 1923, §7906; Code 1940, T. 7, §649.)

§ 6-10-36 Contest of Exemption Claim - Assessment of Value of Property and Damages Resulting from Detention on Bond; Judgment and Execution on Bond

When bond has been executed by the plaintiff or defendant for the forthcoming of the property in contest, the value of the property, and the damages resulting from its detention must be assessed by the court or jury trying the contest. If the unsuccessful party fails for 20 days after judgment to deliver the property and pay the damages as required by the condition of the bond, it shall be the duty of the sheriff to make due return of that fact; and, upon such return being made, the bond shall have the force and effect of a judgment, and execution may issue thereon against the obligors on the bond for the value of the property and the damages assessed, or either, and costs.

(Code 1876, §2836; Code 1886, §2532; Code 1896, §2058; Code 1907, §4185; Code 1923, §7907; Code 1940, T. 7, §650.)

§ 6-10-37 Contest of Exemption Claim - Garnishment of Money, Choses in Action or Personal Property

When money, choses in action or personal property are garnished and the defendant claims the same, or any part thereof, as exempt, he shall file his claim thereto in writing, verified by oath, in the court in which such proceedings are pending, accompanied by a statement setting forth the personal property, choses in action, and money and the location and value thereof, as required in the statement to be filed under the provisions of Section 6-10-29. Such claim the plaintiff, in person or by his agent or attorney, may contest as in cases of contest after declaration filed, and such contest shall be tried and determined as other contests of claims of exemptions are tried and determined. If the defendant has notice of the garnishment, the claim of exemption must be interposed before judgment of condemnation, but if not, such judgment shall not operate to impair or affect his claim of exemption. Notice of the garnishment must be in writing and may be given by the plaintiff or garnishee, but must be served by the sheriff at least five days before any judgment of condemnation. No claim for exemptions shall exceed the greater of the amounts authorized by the Constitution of 1901, as amended, or required by provisions of federal law.

(Code 1876, §2842; Code 1886, §2533; Code 1896, §2059; Code 1907, §4186; Code 1923, §7908; Code 1940, T. 7, §651; Acts 1988, No. 88-294, p. 454, §2.)

§ 6-10-38 Contest of Exemption Claim - Proceedings When Homestead Found to Exceed Value or Size Allowed

(a)(1) If, on the trial of a contest of a claim of homestead exemption, it is found that the homestead as claimed exceeds the value and size limits set forth in this article, the court shall immediately issue an order to the sheriff, returnable no later than 30 days from issuance, commanding him or her to summon three disinterested householders or freeholders of the county in which the homestead is located to serve as commissioners. These individuals, after having been sworn by the sheriff or an authorized officer to administer oaths to faithfully discharge their duty, if possible, shall set off and define, by metes and bounds, the homestead exempt from levy and sale under process, considering the quality and value of the real estate, the defendant’s selection, and the proximity to the dwelling, including the dwelling and appurtenances. The commissioners, as soon as practicable shall make a written report of the homestead they have allotted and set off, signed by them, to the sheriff who shall submit the report to the court issuing the order. The homestead, once allotted and set off, shall be released from the levy and the remaining land sold under the order of the court, unless the court finds good cause to set aside the commissioners’ report, in which event a new order to summon commissioners shall be issued.

(2) If the individuals summoned to serve as commissioners fail to act, the sheriff shall summon others to fill their places.

(b) If the homestead, after being reduced to its smallest practical size, still exceeds the value exemption limits set forth in this article thereby rendering it impracticable to allot and set the parcel off under this section, the commissioners shall make a report to the sheriff. The sheriff shall then proceed, as in other cases, to advertise and offer the property for sale. If, at the sale, he or she receives a bid exceeding the value limits set forth in this article, he or she shall sell the property, and an amount equal to the exemption allowed under this article shall be paid to the defendant, divided between the spouses if a husband and wife have both claimed the exemption, or paid into the court in lieu of the homestead. The excess shall be applied to the satisfaction of the debt. If there are no bids in excess of the exemption allowed under this article, the sheriff shall discharge the levy at the plaintiff’s cost and return the process. Subsequently, no process issued to enforce the plaintiff’s demand shall be levied on such homestead so long as it continues as a homestead, except by a written demand of the plaintiff accompanied by an offer in writing to purchase the homestead for an amount exceeding the exemption allowed under this article. This offer must state the amount and, at the election of the defendant, shall be binding on the plaintiff.

(c) When a sale is made under subsection (b) and any defendant dies before receiving his or her homestead exemption payment, the payment shall be paid to his or her personal representative, who shall receive and hold the exemption payment subject to the homestead rights of the defendant’s surviving spouse and minor child or children, or either. If there is no surviving spouse or minor children, the personal representative shall first apply the exemption payment to the payment of the debt and the balance he or she shall administer as personal assets of the estate.

(Code 1876, §2832; Code 1886, §§2534-2536; Code 1896, §§2060-2062; Code 1907, §§4187-4189; Code 1923, §§7909-7911; Code 1940, T. 7, §§652-654; Acts 1980, No. 80-569, p. 879, §5; Act 2026-203, §2.)

§ 6-10-39 Interposition of Homestead Claim or Other Exemptions and Defense of Contest Thereof by Spouse or Minor Children

If a husband, wife or parent, entitled to a homestead or other exemption, absconds or abandons his or her family, leaves the state, is insane, is confined under a charge or conviction for felony or misdemeanor, or is under any other disability or inability, the spouse or, if there is no spouse, the minor child or children, residents of this state with the intention so to continue, shall be entitled to interpose any and all claims of homestead or other exemption which the husband, wife, or parent could have interposed; but the right to such exemptions shall continue only so long as the spouse and minor child or children, or either, shall remain bona fide residents of this state. In the event of the death of the husband, wife or parent pending any contest of a claim of homestead or other exemption, such contest may be revived in the name of the surviving spouse, if there is one, or, if there is none, in the name of the minor child or children, if there are such; but if neither a surviving spouse nor minor child is left surviving, the claim of exemption shall abate and the property ordered sold for the satisfaction of the process. No judgment of condemnation or sale shall be made under this section until the spouse or, if there is no spouse, the minor child, shall have had 20 days’ written notice of the levy of the execution, to be served by the sheriff.

(Code 1876, §2837; Code 1886, §2537; Code 1896, §2063; Code 1907, §4190; Code 1923, §655; Code 1940, T. 7, §655.)

§ 6-10-40 Sale of Land and Separation of Homestead Interest from That of Tranferee

When the homestead, after being reduced to the lowest practical area, exceeds the exemption amount allowed under this article and the husband or wife has transferred the property by deed, mortgage, or other conveyance without the spouse’s voluntary signature and legal acknowledgment, the transferor, the spouse, or their minor child or children may file a complaint to have the land sold and the homestead interest separated from that of the transferee.

(Code 1876, §2832; Code 1886, §2538; Code 1896, §2064; Code 1907, §4191; Code 1923, §7913; Code 1940, T. 7, §656; Acts 1980, No. 80-569, p. 879, §6; Act 2026-203, §2.)

§ 6-10-41 Effect of Leaving Homestead Temporarily or Leasing Same

When a declaration of claim to a homestead exemption has been filed in the office of the judge of probate, leaving the homestead temporarily or a leasing of the same shall not operate an abandonment thereof or render it subject to levy and sale, but the right thereto shall remain the same as if the actual occupancy thereof had continued.

(Code 1876, §2843; Code 1886, §2539; Code 1896, §2065; Code 1907, §4192; Code 1923, §7914; Code 1940, T. 7, §657.)

§ 6-10-42 When No Action Lies Against Officer Levying on Exempt Property

If no declaration of claim of exemption has been filed in the office of the judge of probate or if so filed and the same is contested, no action shall lie against the officer levying the process on the ground that the property levied on is exempt.

(Code 1876, §2833; Code 1886, §2540; Code 1896, §2066; Code 1907, §4193; Code 1923, §7915; Code 1940, T. 7, §658.)

§ 6-10-43 Effect of Contest on Sale of Property and Lien Thereon

When a contest of a claim of exemption has been instituted, the property in contest shall not be sold by the officer until the contest is decided, but the lien thereon under the process or levy shall not be destroyed or impaired by the pendency of the contest.

(Code 1876, §2835; Code 1886, §2541; Code 1896, §2067; Code 1907, §4194; Code 1923, §7916, Code 1940, T. 7, §659.)

Article 2 Exemptions from Administration and Payment of Debts

Division 1 General Provisions

§ 6-10-67 Right to Use of Property Before Such Set Apart and to Commence or Defend Actions Thereon

Before grant of administration and before the exempt property is set apart, the right of the surviving spouse and minor child or children, or either, to the use and benefit of such property shall be the same as if it had been set apart as exempt; and actions respecting the same may be commenced or defended by the surviving spouse or, if there is no surviving spouse, by the minor child, or children, as fully and to the same extent as if such property had been set apart as exempt from administration.

(Code 1886, §2564; Code 1896, §2076; Code 1907, §4203; Code 1923, §7925; Code 1940, T. 7, §668.)

Division 2 Setting Apart Exemptions to Surviving Spouse and Minor Children

§ 6-10-80 Appraisers - Issuance of Commission

When a decedent, who was at the time of his or her death a resident of this state, leaves surviving him a spouse and minor child or children, or either, who are bona fide residents of this state, the probate court, at the time of appointing appraisers of the estate, shall issue a commission to them, stating the names of the surviving spouse and minor child or children, or either, as the case may be, and the nature and extent of the personal property exempt in their favor, and directing the appraisers to set apart the same.

(Code 1876, §2825; Code 1886, §2548; Code 1896, §2078; Code 1907, §4205; Code 1923, §7927; Code 1940, T. 7, §670.)

§ 6-10-81 Appraisers - Duty to Set Apart Exempt Personal Property; Return of Report

The appraisers, as early as practicable, shall set apart the exempt personal property, having regard, as far as consistent with their duties, to the selection made by the surviving spouse or the guardian of the minor child or children, if such selection is made; estimating it at its appraised value and permitting the surviving spouse or, if there is no surviving spouse or the surviving spouse fails to act, the guardian of the minor child or children to select the same. Within 10 days thereafter, the appraisers shall return with the inventory and appraisement a report of the property so set apart, showing each item thereof and its appraised value.

(Code 1886, §2549; Code 1896, §2079; Code 1907, §4206; Code 1923, §7928; Code 1940, T. 7, §671; Acts 1982, No. 82-399, p. 578, §8-102.)

§ 6-10-82 Appraisers - Report of Homestead Appraisement

The appraisers shall also appraise the homestead of the decedent occupied by the decedent at the time of death or to which the decedent was then entitled, and they shall report the appraisement thereof when the inventory and appraisement of the personal property are returned, with a full and accurate description of the same.

(Code 1886, §2550; Code 1896, §2080; Code 1907, §4207; Code 1923, §7929; Code 1940, T. 7, §672; Acts 1982, No. 82-399, p. 578, §8-102.)

§ 6-10-83 Proceedings to Set Apart Homestead When Same Exceeds Value Allowed

When it appears from the report of the appraisers that the homestead exceeds in value $6,000, the probate court shall forthwith appoint three commissioners, who shall, as soon as practicable not exceeding 30 days after their appointment, set off and allot the homestead exempt, having regard to both the quality and value of the property and to the selection of the surviving spouse or, if there is no surviving spouse or the surviving spouse fails to act, of the guardian of the minor child or children, if there is such guardian; and, within 10 days thereafter, the commissioners shall return to the court in writing the homestead set off and allotted by them.

(Code 1886, §2551; Code 1896, §2081; Code 1907, §4208; Code 1923, §7930; Code 1940, T. 7, §673; Acts 1951, No. 911, p. 1558, §1; Acts 1982, No. 82-399, p. 578, §8-102.)

§ 6-10-84 Proceedings on Failure of Appraisers to Set Apart Exemptions or to Appraise Homestead

If, for more than 20 days after the grant of administration, the appraisers should fail to set apart the personal property exempt in favor of the surviving spouse and minor child or children, or either, or to appraise the homestead or to make the report in reference to the homestead required in Section 6-10-82, then, upon the written application of the surviving spouse or of the guardian of the minor child or children, the probate court shall appoint three commissioners who shall, as soon as practicable thereafter not exceeding 30 days, set apart the personal property exempt and appraise the homestead in the manner required of the appraisers; and, if practicable, they shall also allot and set off the homestead exemption in the manner provided in Section 6-10-83. Within 10 days thereafter they shall report to the court in writing the personal property set apart, with the value of each item thereof, and the homestead allotted and set off, with a full and accurate description of the same. If the homestead, after being reduced to its lowest practicable area, still exceeds $6,000 in value, thereby rendering it impracticable to allot and set it off, the commissioners shall report that fact.

(Code 1886, §2552; Code 1896, §2082; Code 1907, §4209; Code 1923, §7931; Code 1940, T. 7, §674; Acts 1951, No. 911, p. 1558, §1.)

§ 6-10-85 How Exemption in Lieu of Homestead Claimed and Set Apart

When an exemption of real estate in lieu of homestead is claimed under Section 6-10-61, a petition in writing, duly verified by oath, must be filed by, or on behalf of, the surviving spouse and minor child or children, or either, as the case may be, in the probate court having jurisdiction of the administration of the estate, setting forth the facts authorizing such exemption, describing the real estate out of which the exemption is claimed and stating its value. Thereupon the court shall appoint three commissioners who shall set off and allot the same by metes and bounds; and, within 10 days thereafter, they shall make a written report to the court of the exemption set off and allotted by them.

(Code 1886, §2553; Code 1896, §2083; Code 1907, §4210; Code 1923, §7932; Code 1940, T. 7, §675.)

§ 6-10-86 Report of Appraisers or Commissioners - Exceptions; Notice of Time Set for Hearing Thereon

When any homestead or other exemption has been allotted or set apart by the appraisers or by commissioners, the personal representative, surviving spouse, minor child or children, or other person in interest feeling aggrieved may, within 30 days after the making of the report, file written exceptions thereto, stating the grounds of such exceptions. Thereupon the court must fix a day for the hearing of the exceptions, of which 10 days’ notice must be given by personal service, if the adverse parties reside in the state or, if they reside out of the state, by publication in some newspaper published in the county. If the exceptions are filed by the surviving spouse and minor child or children, or either, such notice must be served on the personal representative, but if filed by the personal representative or other person, the notice must be served on the surviving spouse, if there is one, or, if not and the minor children are over the age of 14 years, on them, but if they are under the age of 14 years, then on their guardian or, if there is none, on the person having the charge or custody of them. If there is no guardian, the court must appoint a guardian ad litem to represent such minor child or children.

(Code 1876, §2841; Code 1886, §2554; Code 1896, §2084; Code 1907, §4211; Code 1923, §7933; Code 1940, T. 7, §676.)

§ 6-10-87 Report of Appraisers or Commissioners - Notice to Next of Kin of Decedent of Date Set for Hearing of Report on Exemptions

In all cases where exemptions of real or personal property have been reported by appraisers or commissioners to the surviving spouse and minor child or children, or either, it shall be the duty of the probate judge, immediately upon the filing of the report of such appraisers or commissioners, to give 10 days’ notice thereof and of the day set for the hearing of said report to the next of kin of decedent, which date of hearing shall not be less than 30 days from the filing of said report. If any of said next of kin are nonresidents of the state, said notice shall be given by publication once a week for three successive weeks in some newspaper published in the county or, if none is published in the county, by posting such notice for said length of time at the courthouse door and three other public places in the county.

(Code 1923, §7934; Code 1940, T. 7, §677.)

§ 6-10-88 Report of Appraisers or Commissioners - Hearing and Determination on Exceptions; Proceedings When Exemption of Personalty Excessive or Insufficient

(a) On the day fixed for the hearing of such exceptions, an issue shall be made up under the direction of the court and the same shall be tried as other issues in the court are tried, the party excepting being the plaintiff on whom shall rest the burden of proof. On the hearing, the court may confirm or set aside the report, as the right may appear.

(b) But if the exceptions relate to the exemption of personal property and are based on the ground that it is excessive or insufficient, the court, if the exceptions are sustained, must not set aside the report, but shall ascertain the amount of such excess or insufficiency and, if excessive, shall order the restoration to the personal representative of property sufficient in value to cure the excess, describing the same, and shall enforce such order by a writ of restitution; but, if insufficient, the court shall order the personal representative to deliver to the party, or parties thereto entitled property sufficient to make up the deficiency, and the personal representative shall forthwith obey such order and report to the court the property so delivered by him and its value.

(Code 1886, §§2555, 2556; Code 1896, §§2085, 2086; Code 1907, §§4212, 4213; Code 1923, §§7935, 7936; Code 1940, T. 7, §§678, 679.)

§ 6-10-89 Report of Appraisers or Commissioners - Proceedings When Report Set Aside

If the report is set aside, the court must appoint three commissioners who shall allot and set apart such exemptions and report the same to the court under the provisions of this division, when the same proceedings may be had as on the report first made and so on until the exemptions are finally allowed.

(Code 1886, §2557; Code 1896, §2087; Code 1907, §4214; Code 1923, §7937; Code 1940, T. 7, §680.)

§ 6-10-90 Report of Appraisers or Commissioners - Taxation of Cost on Exceptions Being Filed

If the exceptions are filed by the surviving spouse or on behalf of the minor child or children and are not sustained, the costs shall be taxed against the surviving spouse or the next friend of the child or children, or against both if they are joined in the exceptions, and in all other cases against the unsuccessful party.

(Code 1886, §2558; Code 1896, §2088; Code 1907, §4215; Code 1923, §7938; Code 1940, T. 7, §681.)

§ 6-10-91 Report of Appraisers or Commissioners - Appeal from Decree on Exceptions

From the decree of the probate court pronounced on such exceptions, either party feeling aggrieved may within 42 days appeal to the supreme court by filing a notice of appeal with the probate court. Such appeal shall be taken in accordance with the Alabama Rules of Appellate Procedure.

(Code 1876, §2841; Code 1886, §2559; Code 1896, §2089; Code 1907, §4216; Code 1923, §7939; Code 1940, T. 7, §682.)

§ 6-10-92 Exceptions to Report of Appraisers That Homestead Does Not Exceed Allowance

When the report of the appraisers shows that the homestead does not exceed in value $6,000, exceptions may be filed thereto by the personal representative or other person in adverse interest; and, if such exceptions are filed, proceedings may be had thereof as in case of a report allotting or setting apart the homestead.

(Code 1886, §2560; Code 1896, §2090; Code 1907, §4217; Code 1923, §7940; Code 1940, T. 7, §683; Acts 1951, No. 911, p. 1558, §1; Acts 1982, No. 82-399, p. 578, §8-102.)

§ 6-10-93 Confirmation of Reports When No Exceptions Filed

If no exceptions are filed to the report of the appraisers under the provisions of this division or to the report allotting or setting apart any homestead or other exemption within the time allowed for filing such exceptions, a decree must be entered confirming the report and allowing the exemption as reported.

(Code 1886, §2561; Code 1896, §2091; Code 1907, §4218; Code 1923, §7941; Code 1940, T. 7, §684.)

§ 6-10-94 Reduced Homestead Incapable of Allotment - Possession by Surviving Spouse and Minor Children until Sold, Etc

When the homestead, after being reduced to its lowest practicable area, still exceeds $6,000 in value and no exemption in lieu of homestead has been obtained, the surviving spouse and minor child or children, or either, may retain the possession of the homestead as thus reduced, free from the payment of rent, until the same shall be sold or there is a division of the lands of the decedent; and in the event of a sale of such homestead in the course of administration, it shall be sold separately from the other lands of the decedent, if there be other.

(Code 1896, §2092; Code 1907, §4219; Code 1923, §7942; Code 1940, T. 7, §685; Acts 1951, No. 911, p. 1558, §1.)

§ 6-10-95 Reduced Homestead Incapable of Allotment - Sale - When Allowed

The homestead of a decedent may be sold by order of the court having jurisdiction of the estate, on petition of executor or administrator, when the same, after being reduced to its lowest area, exceeds $6,000 in value and when it is necessary that the same be sold for the payment of debts because the remainder of the estate is insufficient to pay all debts and claims against the estate and the surviving spouse or minor children fail to pay the deficiency within 30 days after notice of said petition.

(Code 1923, §5850; Code 1940, T. 7, §686; Acts 1951, No. 911, p. 1558, §1.)

§ 6-10-96 Reduced Homestead Incapable of Allotment - Sale - Proof of Facts; Order and Notice; Terms; Application of Proceeds

The facts stated in the application to sell the homestead for setting apart of exemptions may be proved by the oral testimony of witnesses or by the records of the probate court, and if the facts stated in such application are proven to the satisfaction of the court by the evidence, the court may order the sale of said homestead, and notice of said sale shall be given as directed by Section 43-2-455. Said homestead must be sold on such terms as the court may direct, not exceeding a credit of three years, but in no case shall the cash payment be less than $6,000, and said sum of $6,000 shall, in the discretion of the court, be applied by the court to the purchase of a homestead for the benefit of such surviving spouse and minor children, or either of them, or be paid by the court to the surviving spouse for the use and support of said surviving spouse and minor child or children, or either, or, if no surviving spouse, to the guardian of said minors, upon such provisions, conditions, or limitations as to the court shall seem proper in the premises; provided, that the surviving spouse or guardian shall give bond in double the amount of said sum, with good and sufficient sureties to be approved by the court granting the decree, conditioned, as in the case of guardian and ward, that the said fund shall be faithfully kept and used exclusively for the support and maintenance of the surviving spouse and minor children and for the education of the minor children, if any. The surviving spouse or guardian, as the case may be, shall make an annual report to the court of all receipts and expenditures relating to said fund, which report is subject to the approval of the court.

(Code 1923, §5860; Code 1940, T. 7, §687; Acts 1951, No. 911, p. 1558, §1.)

§ 6-10-97 Reduced Homestead Incapable of Allotment - Sale - Proceedings When No Bid in Excess of $6,000 Received

(a) If, at such sale or any subsequent sale, no bid in excess of $6,000 is received, the representative must report that fact to the court; and thereupon the court must make an order directing the report to lie over 30 days, during which time any person interested in the sale may file written exceptions attacking the fairness of the sale, stating the grounds of such exceptions. Upon the filing of such exceptions, a day must be appointed to hear the same, 10 days’ notice thereof given and other proceedings had as provided in this division for the hearing of exceptions to a report allotting homestead, so far as such provisions are applicable.

(b) If, on the hearing of such exceptions, the court is satisfied from the evidence that the failure to obtain a bid of more than $6,000 was due to a want of fairness in the conduct of the sale or to fraud or collusion thereat, an order must be made directing a resale of such homestead, but if no exceptions are filed and sustained to such report, the court must make an order revoking the order of sale of the homestead and setting apart such homestead to the surviving spouse and minor child or children, or either, as the case may be.

(Code 1896, §§2095, 2096; Code 1907, §§4222, 4223; Code 1923, §§7946, 7947; Code 1940, T. 7, §§692, 693; Acts 1951, No. 911, p. 1558, §1.)

§ 6-10-98 Reduced Homestead Incapable of Allotment - Sale - Purchase by Persons Entitled to Homestead Exemption

When the purchase of such homestead is by or on behalf of the persons entitled to the homestead exemptions, the sum of $6,000 need not be actually paid to the representative, but, if the sale is confirmed, may be credited on the bid; and on the payment of the residue of such bid, a proper conveyance must be made to them as such purchasers, vesting the title in the persons entitled to the exemption, share and share alike, and be held and governed by Section 6-10-60.

(Code 1896, §2094; Code 1907, §4221; Code 1923, §7945; Code 1940, T. 7, §691; Acts 1951, No. 911, p. 1558, §1.)

§ 6-10-99 Payment by Devisees to Clear Property of Homestead Right

Where a homestead right exists in property devised by will, the person or persons to whom said property is devised may clear the said property of such homestead right by paying to the personal representative, in lieu of such right, the sum of $6,000. Said sum shall be held and used by such personal representative in all respects as provided in Section 6-10-96 where land incapable of allotment is ordered to be sold. Said personal representative shall report the payment of said funds and how he has disposed of same to the probate court having jurisdiction of said estate, which report must be filed and recorded.

(Code 1923, §7944; Code 1940, T. 7, §689; Acts 1951, No. 911, p. 1558, §1.)

§ 6-10-100 Proceedings to Set Apart Exemptions When Administration Not Granted on Decedent’s Estate Within 60 Days After Death - Generally

(a) When the property, real or personal, owned by a decedent at the time of his death does not exceed in amount and value the exemption allowed in favor of his or her surviving spouse and minor child or children, or either, and no administration is granted on his estate within 60 days after his death, the probate court of the county in which he resided at the time of his death, upon the application of the surviving spouse or, if there is no surviving spouse or he or she does not act, upon the application of a suitable person who shall be appointed by the judge of probate as the next friend of such minor child or children, verified by oath and setting forth such facts, as well as the names, condition, and residence, if known, of the heirs of the decedent other than the minor children of the decedent, must appoint two commissioners, who shall make a full and complete inventory and appraisement of the real or personal property, or both, of such decedent, describing the property and stating the value of each item or parcel thereof. In estimating the value of such property, or any part thereof, if the same is held in pledge or under mortgage or other lien or encumbrance created prior to the death of the decedent, such encumbered property must be valued at only the excess of its value over and above the sum of such liens or other encumbrances.

(b) If such property, real or personal, or both, does not exceed in amount or value the exemptions allowed in such property, the commissioners must set apart the same to the surviving spouse and minor child or children, or either, as exempt from administration; and within 10 days thereafter, they shall return to the court the inventory and appraisement, with a report of their action in the premises. Exceptions to such report may be filed, heard, and determined as in other cases of exceptions to reports setting apart exemptions.

(Code 1886, §§2562, 2563; Code 1896, §§2097-2099; Code 1907, §§4224-4226; Code 1923, §§7948-7950; Code 1940, T. 7, §§694-696; Acts 1947, No. 132, p. 41.)

§ 6-10-101 Proceedings to Set Apart Exemptions When Administration Not Granted on Decedent’s Estate Within 60 Days After Death - Vesting of Title to Real Property in Surviving Spouse and Minors and Right to Possession Thereof

If no exceptions are filed and sustained to such report of the commissioners setting apart the homestead exemption, the title to the real property so set aside shall vest in the surviving spouse and minors, share and share alike, but only during the life of the surviving spouse and minority of the children. If all the real property left by the decedent in this state does not exceed in area and value the homestead allowed by law as exempt, title to all such real property shall vest absolutely in the surviving spouse, the children (minors and adults) and the descendants of deceased children, or, if there is no surviving spouse, in the children and the descendants of deceased children, or, if there are no children or descendants of deceased children, in the surviving spouse; provided, that when the homestead is so vested and there are a surviving spouse and minor children, the surviving spouse and minor children shall be entitled to the exclusive possession of such real property for the life of the surviving spouse and the minority of the children; where there are both minor and adult children, the minor children shall be entitled to the exclusive possession of such real property during their minority; and where there is a surviving spouse but no minor children, such surviving spouse shall be entitled to the exclusive possession of such property during his or her life. The homestead so vested shall not be sold for division during the life of the surviving spouse and the minority of the child or children of the decedent without the consent of the surviving spouse and the legally appointed representative of the minor child or children.

(Code 1896, §2100; Code 1907, §4227; Code 1923, §7951; Code 1940, T. 7, §697; Acts 1947, No. 216, p. 88; Acts 1951, No. 911, p. 1558, §1; Acts 1953, No. 837, p. 1128, §2.)

§ 6-10-102 Effect of Removal from Homestead

When homestead exemption has been allotted to the surviving spouse and minor child or children, or either, under any of the provisions of this division, they shall not be held to have abandoned or forfeited the same by a removal therefrom.

(Code 1896, §2101; Code 1907, §4228; Code 1923, §7952; Code 1940, T. 7, §698.)

§ 6-10-103 Commissioners - Qualifications; Oath

Commissioners appointed to allot or set apart homestead or other exemptions under this division must be disinterested householders or freeholders of the county and, before executing their commission, must be sworn by some officer authorized to administer oaths, or by one of themselves, to faithfully discharge the duties for which they were appointed.

(Code 1886, §2565; Code 1896, §2102; Code 1907, §4229; Code 1923, §7953; Code 1940, T. 7, §699.)

§ 6-10-104 Commissioners - Compensation

Commissioners appointed under the provisions of this division shall be entitled to compensation for their services at the rate of $2 per day during the time they are actually engaged.

(Code 1886, §2566; Code 1896, §2103; Code 1907, §4230; Code 1923, §7954; Code 1940, T. 7, §700.)

§ 6-10-105 Recordation of Judgments Allotting Homestead Exemptions; Fee Therefor

All judgments or decrees allotting homestead exemptions to surviving spouses and minors may be recorded in the probate office as other deeds and conveyances are recorded and in the books of record for recording deeds, so as to show the chain of title to the lands so allotted; and the probate judge shall be allowed the same fees as for the recording of other conveyances.

(Code 1923, §7955; Code 1940, T. 7, §701.)

§ 6-10-106 Proceedings to Set Aside Exemptions When Husband, Wife, or Parent Absent Seven Years and Residence Not Ascertainable - Generally

(a) When the real and personal property owned by an absent husband, wife, or parent who has not been heard from and whose residence has been unknown for seven years and whose residence cannot be ascertained by diligent inquiry does not exceed in amount and value the exemptions allowed in favor of his or her surviving spouse and minor child or children, or either, the probate court of the county in which he or she resided before leaving his or her spouse or children, upon the application of the deserted spouse or, if there is no spouse or he or she does not act, upon the application of the guardian or of a suitable person who shall be appointed by the judge of probate as next friend of such minor children, verified by oath and setting forth such facts, must appoint two commissioners, who shall make a full and complete inventory and appraisement of the real and personal property of such absent husband or wife and parent, describing the property and stating the value of each item or parcel thereof. In estimating the value of such property, or any part thereof, if the same is held in pledge or under mortgage or other lien or encumbrance created prior to the commencement of the absence of the said husband, wife, or parent, such encumbered property must be valued at only the excess in its value over and above the sum of such lien or encumbrance.

(b) If such property, real or personal, or both, does not exceed in amount or value the exemptions allowed a surviving spouse and minor children in such property, the commissioners must set apart the same to the said deserted spouse and minor children, or either; and within 10 days thereafter, they shall return to the court the inventory and appraisement, with a report of their action in the premises. Exceptions to such report must be filed, heard, and determined as in other cases of exceptions to reports setting apart exemptions.

(Acts 1923, No. 368, p. 388; Code 1923, §§7957, 7958; Code 1940, T. 7, §§703, 704.)

§ 6-10-107 Proceedings to Set Aside Exemptions When Husband, Wife or Parent Absent Seven Years and Residence Not Ascertainable - Vesting for Life of Title to Property in Deserted Spouse or Minors

If no exceptions are filed and sustained to such report of the commissioners setting apart exemptions and it is determined that the property set apart was all the property owned by the absentee spouse at the time he or she left and that he or she left less property than was exempt to a surviving spouse and minor children of decedents, the title to the property so set aside, whether real or personal, shall vest for the life of the deserted spouse or the minority of the children, whichever may last terminate.

(Acts 1923, No. 368, p. 388; Code 1923, §7959; Code 1940, T. 7, §705; Acts 1951, No. 911, p. 1558, §1.)

Article 3 Waiver of Right to Exemptions

§ 6-10-120 Right to Waive

Any person, by an instrument in writing, may waive his or her right to an exemption in any property exempt from levy and sale under execution or other process.

(Code 1876, §2846; Code 1886, §2567; Code 1896, §2104; Code 1907, §4231; Code 1923, §7960; Code 1940, T. 7, §706.)

§ 6-10-121 How Made - Personalty

As to personal property, the waiver may be made by a separate instrument in writing, subscribed by the party making the same, or it may be included in any bond, bill of exchange, promissory note, or other written contract executed by him or her.

(Code 1876, §§2847, 2848; Code 1886, §2568; Code 1896, §2105; Code 1907, §4232; Code 1923, §7961; Code 1940, T. 7, §707.)

§ 6-10-122 How Made - Homestead

As to the homestead, the waiver must be by a separate instrument in writing, subscribed by the party making the same and attested by one witness. If such party is a married man, such waiver shall not be valid without the voluntary signature and assent of the wife and acknowledgment by her before an officer authorized to take acknowledgments in the form of the individual acknowledgment prescribed by this Code. If such party is a married woman, such waiver shall be executed only in the mode prescribed by Section 30-4-12 for the alienation of her lands.

(Code 1876, §§2847, 2848; Code 1886, §2569; Code 1896, §2106; Code 1907, §4233; Code 1923, §7962; Code 1940, T. 7, §708; Acts 1951, No. 84, p. 301.)

§ 6-10-123 Enforcement in Action

In any civil action, in which a waiver of the right of homestead or other exemption is sought to be enforced, the fact of waiver and its extent must be averred in the complaint or petition and by appropriate pleading may be controverted. If such averment is sustained, the fact of waiver and its extent must be declared in the judgment and endorsed on the execution or other process issued thereon. Such waiver shall extend to the costs of the action.

(Code 1876, §2849; Code 1886, §2570; Code 1896, §2107; Code 1907, §4234; Code 1923, §7963; Code 1940, T. 7, §709.)

§ 6-10-124 Attachment - Endorsement on Writ

When such action is commenced by attachment or, in aid thereof, an ancillary attachment is sued out, the officer issuing the writ of the plaintiff, in person or by his agent or attorney, producing before him the written evidence of the waiver or making and filing with him an affidavit that the exemption has been waived, must endorse on the writ the fact of such waiver and the extent thereof.

(Code 1876, §2850; Code 1886, §2571; Code 1896, §2108; Code 1907, §4235; Code 1923, §7964; Code 1940, T. 7, §710.)

§ 6-10-125 Attachment - Proceedings When Waiver Not Sustained

When such attachment is levied on property embraced in a declaration of claim of exemption which has been filed for record, or subsequent to the levy a claim to such property as exempt is interposed, if, on the trial, the averment of waiver is not sustained, the levy shall be discharged and the property returned to the defendant, unless the plaintiff, within five days after judgment, shall contest the claim. If such plaintiff should desire to contest, such contest may be instituted and prosecuted as in other cases.

(Code 1886, §2572; Code 1896, §2109; Code 1907, §4236; Code 1923, §7965; Code 1940, T. 7, §711.)

§ 6-10-126 Exceptions

(a) No waiver of exemption in any written instrument shall be held to apply to or include or authorize the levy of an execution or attachment on any of the following property for any debt contracted:

(1) Cooking utensils, cooking stoves, table, tableware, chairs, bed and bed clothing in actual use by the family;

(2) Wearing apparel;

(3) A vehicle used by and essential to the debtor’s business;

(4) Tools used personally by and essential to the debtor’s business;

(5) The library of the debtor.

(b) Any levy upon such property is absolutely void.

(c) This section shall not apply to such property set out in subdivisions (3) and (4) of subsection (a) pledged in a consensual security agreement.

(Code 1907, §4237; Acts 1915, No. 797, p. 916; Code 1923, §7966; Code 1940, T. 7, §712; Acts 1984, No. 84-381, p. 890.)

Chapter 11 Damages

Article 1 Structured Damages

§ 6-11-1 Damages Assessed by Factfinder to Be Itemized; Future Damages Not to Be Reduced to Present Value

In any civil action based upon tort and any action for personal injury based upon breach of warranty, except actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, the damages assessed by the factfinder shall be itemized as follows:

(1) Past damages.

(2) Future damages.

(3) Punitive damages.

The factfinder shall not reduce any future damages to present value. Where the court determines that any one or more of the above categories is not recoverable in the action, those categories shall be omitted from the itemization.

(Acts 1987, No. 87-183, p. 245, §1.)

§ 6-11-2 Definitions

For purposes of this article, the following definitions shall apply:

(1) PAST DAMAGES. Damages and losses suffered or incurred prior to the date of judgment.

(2) FUTURE DAMAGES. Damages and losses reasonably anticipated to be suffered or incurred following the date of judgment.

As used herein, the terms “plaintiff” and “defendant” shall include the singular and the plural.

(Acts 1987, No. 87-183, p. 245, §2.)

§ 6-11-3 Future Damages; Requirements If Damages Greater Than $150,000; Attorney’s Fees; Periodic Payments Over Period of Years; Specific Findings; Evidence of Financial Ability to Make Payments; Evidence of Present Value Inadmissible

Where the damages assessed against a defendant by the trier of fact include an award of future damages, the trial court shall comply with the following in rendering its judgment in the case:

(1) Judgment shall be entered against the defendant for all past damages and punitive damages assessed against the defendant by the trier of fact.

(2) If the award of future damages assessed by the trier of fact is $150,000 or less, the trial court shall enter judgment against the defendants for the amount of such future damages.

(3) If the award of future damages assessed by the trier of fact is greater than $150,000, the trial court shall enter judgment as follows:

a. Judgment shall be entered against the defendant for $150,000 of such future damage.

b. If, as part of the plaintiff’s contract with his attorney, the plaintiff is obligated to pay his attorney a fee based on that portion of the award of future damages which exceeds $150,000, the court shall determine what portion of the award of future damages in excess of $150,000 is owed to the attorney under the contract and shall enter judgment for the remainder of the award of future damages in excess of $150,000 as provided in c, below. As to that portion of the award of future damages in excess of $150,000 which is owed to the plaintiff’s attorney, that portion shall be reduced to present value by the court and judgment shall be entered against the defendant for the reduced amount.

c.1. For that portion of a future damage award in excess of $150,000 and in excess of the attorney’s fee subject to b, judgment shall be entered requiring the defendant to pay that portion of such future damages by periodic payments over a period of years not to exceed such period of years as, according to the evidence offered during the trial of the case, such future damages may be incurred. In entering a judgment against the defendants ordering the payment of future damages by periodic payment, the trial court shall make a specific finding as to the dollar amount of periodic payments which will compensate the judgment creditor for such future damages as the same may be incurred, as determined from the evidence offered during the trial of the case. If, or to the extent that, the evidence offered at trial did not indicate the approximate time or time frame or both within which the future damages would be incurred, the trial court, for the purpose of determining the amount of periodic payments and the interval between such payments, shall conclusively presume that such damages will be incurred throughout the life expectancy of the judgment creditor on an equal periodic basis. The judgment ordering payment of future damages by periodic payments shall specify the recipient or recipients of the payments, the dollar amounts of the payments, the interval between payments, and the number of payments or period of time over which payments shall be made. The total amount of all periodic payments when added to the sum of $150,000 and when added to that portion of the future damages award, not reduced to present value, which was used to calculate the attorney’s fee in paragraph b, above, shall not exceed the total amount of future damages contained in the verdict of the trier of fact.

2. As a condition to authorizing periodic payments for future damages, the court must receive adequate assurance that the defendant can and will make all required payments. Such assurance may include the requirement that the defendant either have sufficient financial ability to make all required payments, post adequate bond, or other security, give evidence that there exists an insurance company, registered in this state, which is obligated to pay the judgment, or purchase an annuity of sufficient value to pay the future damages as structured, or any accelerated payments of those damages which might be required by this article. Nothing contained herein shall be construed as limiting the authority of the trial court to order a new trial, enter a judgment notwithstanding the verdict, or order a remittitur of damages. The provisions of this section shall also apply to any judgment following remittitur.

3. An award of future damages shall not be reduced to present value by the court, except as required in b above, and no interest is to be charged on said damages. Evidence of the present value of future damages is inadmissible in cases covered by this article, except at a hearing authorized by Section 6-11-5. If, however, the court determines that damages which should be structured pursuant to c above, cannot be structured due to the failure of the defendant to provide the financial assurances required in c 2 above, that portion of the future damage award shall be reduced to present value by the court prior to entry of judgment.

(Acts 1987, No. 87-183, p. 245, §3.)

§ 6-11-4 Requirements When Judgment Structured; Termination

Where a judgment is structured pursuant to Section 6-11-3 above, the following shall apply:

(1) Should the judgment creditor die before the final installment is paid, the remaining payments shall be made to the estate of the decedent, or as otherwise directed by the court having jurisdiction over the estate.

(2) Where an installment payment is more than 15 days late, there shall be added to the amount due for that installment interest from the date payment was due at the rate of 20 percent per annum, compounded daily, and attorney’s fee if necessary to collect the amount due.

(3) Upon motion of the judgment creditor, or his estate in the event of this death, the structure may be terminated and all unpaid installments declared immediately due if the court finds that the judgment debtor has exhibited a continuing pattern of failing to pay installments when due or that there is a reasonable likelihood that future payments may not be timely made. In all such cases, the court may further assess the debtor with costs and the creditor’s attorney’s fees relating to all proceedings conducted pursuant to this paragraph.

(4) No certificate of judgment shall issue or be recorded against any defendant for that portion of an award of future damages which is structured.

(Acts 1987, No. 87-183, p. 245, §4.)

§ 6-11-5 Court to Conduct Hearings and Receive Evidence

The court may conduct hearings and receive such evidence as is deemed necessary in order to make the determinations required in Section 6-11-3 and Section 6-11-4.

(Acts 1987, No. 87-183, p. 245, §5.)

§ 6-11-6 Damages Not Affected

Nothing in this article shall be construed to alter or affect the nature, elements, form, or amount of damages recoverable in any action.

(Acts 1987, No. 87-183, p. 245, §6.)

§ 6-11-7 Prior Rights Not Affected

This article shall not affect the rights of any person if such rights accrued prior to June 11, 1987.

(Acts 1987, No. 87-183, p. 245, §8.)

Article 2 Punitive Damages

§ 6-11-20 Punitive Damages Not to Be Awarded Other Than Where Clear and Convincing Evidence Proven; Definitions

(a) Punitive damages may not be awarded in any civil action, except civil actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, other than in a tort action where it is proven by clear and convincing evidence that the defendant consciously or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff. Nothing contained in this article is to be construed as creating any claim for punitive damages which is not now present under the law of the State of Alabama.

(b) As used in this article, the following definitions shall apply:

(1) FRAUD. An intentional misrepresentation, deceit, or concealment of a material fact the concealing party had a duty to disclose, which was gross, oppressive, or malicious and committed with the intention on the part of the defendant of thereby depriving a person or entity of property or legal rights or otherwise causing injury.

(2) MALICE. The intentional doing of a wrongful act without just cause or excuse, either:

a. With an intent to injure the person or property of another person or entity, or

b. Under such circumstances that the law will imply an evil intent.

(3) WANTONNESS. Conduct which is carried on with a reckless or conscious disregard of the rights or safety of others.

(4) CLEAR AND CONVINCING EVIDENCE. Evidence that, when weighed against evidence in opposition, will produce in the mind of the trier of fact a firm conviction as to each essential element of the claim and a high probability as to the correctness of the conclusion. Proof by clear and convincing evidence requires a level of proof greater than a preponderance of the evidence or the substantial weight of the evidence, but less than beyond a reasonable doubt.

(5) OPPRESSION. Subjecting a person to cruel and unjust hardship in conscious disregard of that person’s rights.

(Acts 1987, No. 87-185, p. 251, §1.)

§ 6-11-21 Punitive Damages Not to Exceed Certain Limits

(a) Except as provided in subsections (b), (d), and (j), in all civil actions where an entitlement to punitive damages shall have been established under applicable laws, no award of punitive damages shall exceed three times the compensatory damages of the party claiming punitive damages or five hundred thousand dollars ($500,000), whichever is greater.

(b) Except as provided in subsections (d) and (j), in all civil actions where entitlement to punitive damages shall have been established under applicable law against a defendant who is a small business, no award of punitive damages shall exceed fifty thousand dollars ($50,000) or 10 percent of the business’ net worth, whichever is greater.

(c) “Small business” for purposes of this section means a business having a net worth of two million dollars ($2,000,000) or less at the time of the occurrence made the basis of the suit.

(d) Except as provided in subsection (j), in all civil actions for physical injury wherein entitlement to punitive damages shall have been established under applicable laws, no award of punitive damages shall exceed three times the compensatory damages of the party claiming punitive damages or one million five hundred thousand dollars ($1,500,000), whichever is greater.

(e) Except as provided in Section 6-11-27, no defendant shall be liable for any punitive damages unless that defendant has been expressly found by the trier of fact to have engaged in conduct, as defined in Section 6-11-20, warranting punitive damages, and such defendant shall be liable only for punitive damages commensurate with that defendant’s own conduct.

(f) As to all the fixed sums for punitive damage limitations set out herein in subsections (a), (b), and (d), those sums shall be adjusted as of January 1, 2003, and as of January 1 at three-year intervals thereafter, at an annual rate in accordance with the Consumer Price Index rate.

(g) The jury may neither be instructed nor informed as to the provisions of this section.

(h) This section shall not apply to class actions.

(i) Nothing herein shall be construed as creating a right to an award of punitive damages or to limit the duty of the court, or the appellate courts, to scrutinize all punitive damage awards, ensure that all punitive damage awards comply with applicable procedural, evidentiary, and constitutional requirements, and to order remittitur where appropriate.

(j) This section shall not apply to actions for wrongful death or for intentional infliction of physical injury.

(k) “Physical injury” for purposes of this section, means actual injury to the body of the claimant proximately caused by the act complained of and does not include physical symptoms of the mental anguish or emotional distress for which recovery is sought when such symptoms are caused by, rather than the cause of, the pain, distress, or other mental suffering.

(l) No portion of a punitive damage award shall be allocated to the state or any agency or department of the state.

(Acts 1987, No. 87-185, p. 251, §2; Act 99-358, p. 563, §1.)

§ 6-11-22 Grounds for Mistrial If Limitations Mentioned in Presence of Jury

Argument or mention, in the presence of the jury, of the classifications or limitations established in Section 6-11-21 is not permissible and shall be ground for a mistrial.

(Acts 1987, No. 87-185, p. 251, §3.)

§ 6-11-23 No Presumption of Correctness; Court to Conduct Hearings; Admissible Relevant Evidence; Trial Court to Independently Reassess Award of Punitive Damages

(a) No presumption of correctness shall apply as to the amount of punitive damages awarded by the trier of the fact.

(b) In all cases wherein a verdict for punitive damages is awarded, the trial court shall, upon motion of any party, either conduct hearings or receive additional evidence, or both, concerning the amount of punitive damages. Any relevant evidence, including but not limited to the economic impact of the verdict on the defendant or the plaintiff, the amount of compensatory damages awarded, whether or not the defendant has been guilty of the same or similar acts in the past, the nature and the extent of any effort the defendant made to remedy the wrong and the opportunity or lack of opportunity the plaintiff gave the defendant to remedy the wrong complained of shall be admissible; however, such information shall not be subject to discovery, unless otherwise discoverable, until after a verdict for punitive damages has been rendered. After such post verdict hearing the trial court shall independently (without any presumption that the award of punitive damages is correct) reassess the nature, extent, and economic impact of such an award of punitive damages, and reduce or increase the award if appropriate in light of all the evidence.

(Acts 1987, No. 87-185, p. 251, §4.)

§ 6-11-24 No Presumption of Correctness to Apply to Damages on Appeal

(a) On appeal, no presumption of correctness shall apply to the amount of punitive damages awarded.

(b) The appellate court shall independently reassess the nature, extent and economic impact of such an award and reduce or increase the award if appropriate in light of all the evidence.

(Acts 1987, No. 87-185, p. 251, §5.)

§ 6-11-25 Ability of Court to Set Aside Damages Not Limited

Nothing in this article is intended to limit the ability of a trial or appellate court to set aside or reverse an award of punitive damages, or to order a new trial.

(Acts 1987, No. 87-185, p. 251, §6.)

§ 6-11-26 No Punitive Damages Awarded Against State or Agency Thereof

Punitive damages may not be awarded against the State of Alabama or any county or municipality thereof, or any agency thereof, except any entity covered under the Medical Liability Act now codified as Section 6-5-480 et seq., or any acts amendatory thereto.

(Acts 1987, No. 87-185, p. 251, §7.)

§ 6-11-27 Principal, Master, Etc., Not Liable for Punitive Damages for Conduct of Agent, Servant, Etc.; Exceptions

(a) A principal, employer, or other master shall not be liable for punitive damages for intentional wrongful conduct or conduct involving malice based upon acts or omissions of an agent, employee, or servant of said principal, employer, or master unless the principal, employer, or master either: (i) knew or should have known of the unfitness of the agent, employee, or servant, and employed him or continued to employ him, or used his services without proper instruction with a disregard of the rights or safety of others; or (ii) authorized the wrongful conduct; or (iii) ratified the wrongful conduct; or unless the acts of the agent, servant, or employee were calculated to or did benefit the principal, employer, or other master, except where the plaintiff knowingly participated with the agent, servant, or employee to commit fraud or wrongful conduct with full knowledge of the import of his act.

(b) Nothing contained in this section shall be construed to prevent recovery of punitive damages against a retail vendor of alcoholic beverages arising out of the acts of its agents, servants, or employees acting within the line and scope of their employment.

(Acts 1987, No. 87-185, p. 251, §8.)

§ 6-11-28 No Cause of Action Created

Nothing contained in this article shall be construed to grant or create a cause of action or right to recover punitive damages.

(Acts 1987, No. 87-185, p. 251, §9.)

§ 6-11-29 Wrongful Death Actions Not Affected

This article shall not pertain to or affect any civil actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, as amended.

(Acts 1987, No. 87-185, p. 251, §10.)

§ 6-11-30 Effective Date

This article shall not affect the rights of any person if such rights accrued prior to June 11, 1987.

(Acts 1987, No. 87-185, p. 251, §12.)

Article 3 Structural Settlement Protection Act

§ 6-11-50 Short Title

This article shall be known and referred to as the “Structured Settlement Protection Act.”

(Act 2006-628, p. 1714, §1.)

§ 6-11-51 Definitions

As used in this article the following words and terms shall have the following meanings:

(1) ANNUITY ISSUER. An insurer that has issued a contract to fund periodic payments under a structured settlement.

(2) DEPENDENTS. A payee’s spouse and minor children and all other persons for whom the payee is legally obligated to provide support, including alimony.

(3) DISCOUNTED PRESENT VALUE. The present value of future payments determined by discounting the payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service.

(4) GROSS ADVANCE AMOUNT. The sum payable to the payee or for the payee’s account as consideration for a transfer of structured settlement payment rights before any reductions for transfer expenses or other deductions to be made from the consideration.

(5) INDEPENDENT PROFESSIONAL ADVICE. Advice of an attorney, certified public accountant, actuary, or other licensed professional adviser.

(6) INTERESTED PARTIES. With respect to any structured settlement, the payee, any beneficiary irrevocably designated under the annuity contract to receive payments following the payee’s death, the annuity issuer, the structured settlement obligor, and any other party that has continuing rights or obligations under such structured settlement.

(7) NET ADVANCE AMOUNT. The gross advance amount less the aggregate amount of the actual and estimated transfer expenses required to be disclosed under subdivision (5) of Section 6-11-52.

(8) PAYEE. An individual who is receiving tax free payments under a structured settlement and proposes to make a transfer of payment rights thereunder.

(9) PERIODIC PAYMENTS. Includes both recurring payments and scheduled future lump sum payments.

(10) QUALIFIED ASSIGNMENT AGREEMENT. An agreement providing for a qualified assignment within the meaning of Section 130 of the United States Internal Revenue Code, United States Code Title 26, as amended from time to time.

(11) RESPONSIBLE ADMINISTRATIVE AUTHORITY. With respect to a structured settlement, any government authority vested by law with exclusive jurisdiction over the settled claim resolved by such structured settlement.

(12) SETTLED CLAIM. The original tort claim resolved by a structured settlement.

(13) STRUCTURED SETTLEMENT. An arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim.

(14) STRUCTURED SETTLEMENT AGREEMENT. The agreement, judgment, stipulation, or release embodying the terms of a structured settlement.

(15) STRUCTURED SETTLEMENT OBLIGOR. With respect to any structured settlement, the party that has the continuing obligation to make periodic payments to the payee under a structured settlement agreement or a qualified assignment agreement.

(16) STRUCTURED SETTLEMENT PAYMENT RIGHTS. Rights to receive periodic payments under a structured settlement, whether from the structured settlement obligor or the annuity issuer, where:

a. The payee is domiciled in, or the domicile or principal place of business of the structured settlement obligor or the annuity issuer is located in, this state.

b. The structured settlement agreement was approved by a court or responsible administrative authority in this state.

c. The structured settlement agreement is expressly governed by the laws of this state.

(17) TERMS OF THE STRUCTURED SETTLEMENT. Include, with respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement, and any order or other approval of any court or responsible administrative authority or other government authority that authorized or approved the structured settlement.

(18) TRANSFER. Any sale, assignment, pledge, hypothecation, or other alienation or encumbrance of structured settlement payment rights made by a payee for consideration; provided that the term does not include the creation or perfection of a security interest in structured settlement payment rights under a security agreement entered into with a bank or other insured depository institution or a subsidiary or affiliate of a bank or other insured depository institution (secured party) until and unless the secured party redirects the structured settlement payments to such secured party, or an agent or successor in interest thereof, or otherwise enforces the security interest against the structured settlement payment rights.

(19) TRANSFER AGREEMENT. The agreement providing for a transfer of structured settlement payment rights.

(20) TRANSFEREE. A party acquiring or proposing to acquire structured settlement payment rights through a transfer; provided that the term does not include a secured party who has not received a transfer of the structured settlement payment rights as the term “transfer” is defined in subdivision (18).

(21) TRANSFER EXPENSES. All expenses of a transfer that are required under the transfer agreement to be paid by the payee or deducted from the gross advance amount, including, without limitation, court filing fees, attorneys’ fees, escrow fees, lien recordation fees, judgment and lien search fees, finders’ fees, commissions, and other payments to a broker or other intermediary. The term does not include preexisting obligations of the payee payable for the payee’s account from the proceeds of a transfer.

(Act 2006-628, p. 1714, §2.)

§ 6-11-52 Disclosure Statement

Not less than three days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than 14 points, setting forth all of the following:

(1) The amounts and due dates of the structured settlement payments to be transferred.

(2) The aggregate amount of the payments.

(3) The discounted present value of the payments to be transferred, which shall be identified as the “calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities,” and the amount of the applicable federal rate used in calculating the discounted present value.

(4) The gross advance amount.

(5) An itemized listing of all applicable transfer expenses, other than attorneys’ fees and related disbursements payable in connection with the transferee’s application for approval of the transfer, and the transferee’s best estimate of the amount of the fees and disbursements.

(6) The net advance amount.

(7) The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee.

(8) A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee.

(Act 2006-628, p. 1714, §3.)

§ 6-11-53 Advanced Approval by Court Required; Hearing

No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order or order of a responsible administrative authority based on express findings by the court or responsible administrative authority, determined after a factual hearing, of all of the following:

(1) The transfer is in the best interest of the payee, taking into account the welfare and support of the payee’s dependents.

(2) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived such advice in writing.

(3) The transfer does not contravene any applicable statute or the order of any court or other government authority.

(Act 2006-628, p. 1714, §4.)

§ 6-11-54 Effects of Transfer of Rights

(a) Following a transfer of structured settlement payment rights under this article:

(1) The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments.

(2) The transferee shall be liable to the structured settlement obligor and the annuity issuer in the following cases:

a. If the transfer contravenes the terms of the structured settlement, for any federal or state income taxes, interest, fees, and penalties incurred by the parties, including the annuity issuer and structured settlement obligor, as a consequence of the transfer.

b. For any other liabilities or costs, including reasonable costs and attorneys’ fees, arising from compliance by the parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee’s failure to comply with this article.

(b) Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees.

(c) Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this article.

(Act 2006-628, p. 1714, §5.)

§ 6-11-55 Application for Approval of Transfer; Notice

(a) An application under this article for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the county in which the payee resides, in the county in which the structured settlement obligor or the annuity issuer maintains its principal place of business, or in any court or before any responsible administrative authority which approved the structured settlement agreement.

(b) Not less than 20 days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under Section 6-11-53, the transferee shall file with the court or responsible administrative authority a notice of the proposed transfer and the application for its authorization. Such notice and application shall include all of the following:

(1) A copy of the transferee’s application.

(2) A copy of the transfer agreement.

(3) A copy of the disclosure statement required under Section 6-11-52.

(4) A listing of each of the payee’s dependents, together with each dependent’s age.

(5) Notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee’s application, either in person or by counsel, by submitting a written response to the court or responsible administrative authority or by participating in the hearing.

(6) Notification of the time and place of the hearing and notification of the manner in which and the time by which written responses to the application must be filed, which shall be not less than 15 days after service of the transferee’s notice, in order to be considered by the court or responsible administrative authority.

(c) The notice and application required by subsection (b) shall be served on all interested parties in the manner provided by the Alabama Rules of Civil Procedure for the service of process.

(Act 2006-628, p. 1714, §6.)

§ 6-11-56 Waiver; Choice of Law; Procedures for Life-Contingent Rights; Liability

(a) The provisions of this article may not be waived by any payee.

(b) Any transfer agreement entered into on or after July 1, 2006, by a payee who resides in this state shall provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of this state. Such a transfer agreement shall not authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.

(c) No transfer of structured settlement payment rights shall extend to any payments that are life-contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for (1) periodically confirming the payee’s survival, and (2) giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee’s death.

(d) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of the transfer to satisfy the conditions of this article.

(e) Nothing contained in this article shall be constructed to authorize any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into prior to July 1, 2006, is valid or invalid.

(f) Compliance with the requirements set forth in Section 6-11-52 and fulfillment of the conditions set forth in Section 6-11-53 shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer shall bear any responsibility for, or any liability arising from, noncompliance with the requirements or failure to fulfill the conditions.

(Act 2006-628, p. 1714, §7.)

§ 6-11-57 Applicability

This article shall apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after the 30th day after July 1, 2006; provided, however, that nothing contained herein shall imply that any transfer under a transfer agreement reached prior to such date is either effective or ineffective.

(Act 2006-628, p. 1714, §8.)

§ 6-11-58 Relation to Workers’ Compensation Provisions

Nothing in this article shall be construed to apply to any settlement under the Alabama Workers’ Compensation Law.

(Act 2006-628, p. 1714, §9.)

§ 6-11-59 Confidentiality of Settlement Terms

Nothing in this article is intended to, or shall, require or allow the disclosure, publication, or dissemination of the terms of a settlement which is confidential, whether the confidentiality is created by agreement of the parties or by order of the court, or by both.

(Act 2006-628, p. 1714, §10.)

Chapter 12 Escrow Fund for Certain Tobacco Product Manufacturers

§ 6-12-1 Legislative Findings

The Legislature of Alabama finds as follows:

(1) Cigarette smoking presents serious public health concerns to the state and to the citizens of the state. The Surgeon General has determined that smoking causes lung cancer, heart disease, and other serious diseases, and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.

(2) Cigarette smoking also presents serious financial concerns for the state. Under certain health care programs, the state may have a legal obligation to provide medical assistance to eligible persons for health conditions associated with cigarette smoking, and those persons may have a legal entitlement to receive such medical assistance.

(3) Under these programs, the state pays millions of dollars each year to provide medical assistance for these persons for health conditions associated with cigarette smoking.

(4) It is the policy of the state that financial burdens imposed on the state by cigarette smoking be borne by tobacco product manufacturers rather than by the state to the extent that such manufacturers either determine to enter into a settlement with the state or are found culpable by the courts.

(5) On November 23, 1998, leading United States tobacco product manufacturers entered into a settlement agreement, entitled the “Master Settlement Agreement,” with the state. The Master Settlement Agreement obligates these manufacturers, in return for a release of past, present, and certain future claims against them as described therein, to pay substantial sums to the state, tied in part to their volume of sales; to fund a national foundation devoted to the interests of public health; and to make substantial changes in their advertising and marketing practices and corporate culture, with the intention of reducing underage smoking.

(6) It would be contrary to the policy of the state if tobacco product manufacturers who determine not to enter into such a settlement could use a resulting cost advantage to derive large, short-term profits in the years before liability may arise without ensuring that the state will have an eventual source of recovery from them if they are proven to have acted culpably. It is thus in the interest of the state to require that such manufacturers establish a reserve fund to guarantee a source of compensation and to prevent such manufacturers from deriving large, short-term profits and then becoming judgment-proof before liability may arise.

(Act 99-395, p. 652, §1.)

§ 6-12-2 Definitions

As used in this chapter, the following terms shall have the following meanings:

(1) ADJUSTED FOR INFLATION. Increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement.

(2) AFFILIATE. A person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, the terms “owns,” “is owned,” and “ownership” mean ownership of an equity interest, or the equivalent thereof, of ten percent or more, and the term “person” means an individual, partnership, committee, association, corporation, or any other organization or group of persons.

(3) ALLOCABLE SHARE. Allocable share as that term is defined in the Master Settlement Agreement.

(4) CIGARETTE. Any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (i) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or (ii) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (iii) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in item (i). The term “cigarette” includes “roll-your-own”, i.e. any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes. For purposes of this definition of cigarette, 0.09 ounces of roll-your-own tobacco shall constitute one individual cigarette.

(5) IMPORTER. Any person in the United States to whom non-tax paid tobacco products or cigarette papers or tubes, or any processed tobacco, manufactured in a foreign country, Puerto Rico, the Virgin Islands, or a possession of the United States are shipped or consigned; any person who removes cigars or cigarettes for sale or consumption in the United States from a customs bonded manufacturing warehouse; and any person who smuggles or otherwise unlawfully brings tobacco products or cigarette papers or tubes, or any processed tobacco, into the United States. Federal judicial and administrative determinations and precedents of 26 U.S.C. § 5702(k), as it exists from time to time, may be considered in interpreting this term.

(6) MASTER SETTLEMENT AGREEMENT. The settlement agreement, and related documents, entered into on November 23, 1998, by the state and leading United States tobacco product manufacturers.

(7) QUALIFIED ESCROW FUND. An escrow arrangement with a federally or state chartered financial institution having no affiliation with any tobacco product manufacturer and having assets of at least one billion dollars ($1,000,000,000), where such arrangement requires that such financial institution hold the escrowed funds’ principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing, or directing the use of the funds’ principal except as consistent with subdivision (2) of subsection (a) of Section 6-12-3.

(8) RELEASED CLAIMS. Released claims as that term is defined in the Master Settlement Agreement.

(9) RELEASING PARTIES. Releasing parties as that term is defined in the Master Settlement Agreement.

(10) TOBACCO PRODUCT MANUFACTURER. An entity that, after June 9, 1999, directly, and not exclusively through any affiliate:

a. Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer, as that term is defined in the Master Settlement Agreement, that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsections II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States);

b. Is the first purchaser anywhere for resale in the United States of cigarettes manufactured anywhere that the manufacturer does not intend to be sold in the United States; or

c. Becomes a successor of an entity described in paragraph a. or b.

The term “Tobacco Product Manufacturer” shall not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within any of a., b., or c. above.

(11) UNITS SOLD. The number of individual cigarettes sold in the state by the applicable tobacco product manufacturer, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, during the year in question, as measured by excise taxes collected by the state on packs, or roll-your-own tobacco containers, bearing the excise tax stamp of the state. In addition to and without limiting the foregoing, the term units sold shall also include the number of individual cigarettes sold in the state by the tobacco product manufacturer, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, during the year in question, as to which the state had power under federal law to impose or collect excise tax, or both, but did not. Without limiting the foregoing, this term specifically includes the following cigarettes, provided such cigarettes were not sold in a transaction that is exempted from Alabama taxation by federal statute or constitution: a. cigarettes sold to a consumer without payment of the cigarette excise tax on the reservation lands of a federally-recognized Native American tribe, b. cigarettes sold for retail sale in Alabama which were exempted from taxation pursuant to Chapter 9, Article 1 of Title 40 and any rule promulgated pursuant thereto, and c. cigarettes sold by a seller located outside of Alabama directly to a consumer in this state, without payment of the cigarette excise tax, via mail order, telephone, Internet, or other remote means. The Department of Revenue shall promulgate such regulations as are necessary to ascertain the amount of state excise tax paid on the cigarettes of such tobacco product manufacturer for each year.

(Act 99-395, p. 652, §2; Act 2000-591, p. 1087, §1; Act 2001-344, p. 446, §1; Act 2014-341, p. 1266, §1.)

§ 6-12-3 Election Between Settlement and Escrow Fund

(a) Any tobacco product manufacturer selling cigarettes to consumers within the state, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, after June 9, 1999, shall do one of the following:

(1) Become a participating manufacturer, as that term is defined in Section II(jj) of the Master Settlement Agreement, and generally perform its financial obligations under the Master Settlement Agreement.

(2) a. Place into a qualified escrow fund, by April 15 of the year following the year in question, the following amounts, as such amounts are adjusted for inflation:

1999: $.0094241 per unit sold after June 9, 1999;

2000: $.0104712 per unit sold;

For each of 2001 and 2002: $.0136125 per unit sold;

For each of 2003 through 2006: $.0167539 per unit sold;

For each of 2007 and each year thereafter: $.0188482 per unit sold.

b. A tobacco product manufacturer that places funds into escrow pursuant to paragraph a. shall receive the interest or other appreciation on such funds as earned. Such funds themselves shall be released from escrow only under one of the following circumstances:

1. To pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the state or any releasing party located or residing in the state. Funds shall be released from escrow under this subparagraph (i) in the order in which they were placed into escrow and (ii) only to the extent and at the time necessary to make payments required under such judgment or settlement;

2. To the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow on account of units sold in the state in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to Section IX(i) of that agreement, including, after final determination of all adjustments, that such manufacturer would have been required to make on account of such units sold had it been a participating manufacturer, the excess shall be released from escrow and revert back to such tobacco product manufacturer; or

3. To the extent not released from escrow under subparagraphs 1. or 2., funds shall be released from escrow and revert back to such tobacco product manufacturer 25 years after the date on which they were placed into escrow.

c. Each tobacco product manufacturer that elects to place funds into escrow pursuant to this section shall annually certify to the Commissioner of the Department of Revenue that it is in compliance with this section. The Attorney General may bring a civil action on behalf of the state against any tobacco product manufacturer that fails to place into escrow the funds required under this section. Any tobacco product manufacturer that fails in any year to place into escrow the funds required under this section shall:

1. Be required within 15 days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a violation of this section, may impose a civil penalty to be paid to the General Fund of the state in an amount not to exceed 5 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 100 percent of the original amount improperly withheld from escrow;

2. In the case of a knowing violation, be required within 15 days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a knowing violation of this section, may impose a civil penalty to be paid to the General Fund of the state in an amount not to exceed 15 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 300 percent of the original amount improperly withheld from escrow; and

3. In the case of a second knowing violation, be prohibited from selling cigarettes to consumers within the state, whether directly or through a distributor, retailer, or similar intermediary, for a period not to exceed 2 years.

Each failure to make an annual deposit required under this section shall constitute a separate violation.

(b) In the case of units sold which are cigarettes manufactured outside the United States and imported into the United States by an importer:

(1) Importers of the cigarettes shall be jointly and severally liable with the tobacco product manufacturer of the cigarettes for the escrow deposits required under subsection (a)(2);

(2) Importers of the cigarettes may be sued under subsection (a)(2)c. to the same extent as the tobacco product manufacturer, and shall be subject to all of the same civil penalties, remedies, or other relief that may be awarded against the tobacco product manufacturer of the cigarettes as provided in that subsection; and

(3) If the importer of the cigarettes fails or refuses within 15 days of the Alabama Revenue Commissioner’s or the Attorney General’s written demand to deposit the funds into escrow for which it is jointly and severally liable under subsection (b)(1), all cigarettes imported into the United States by the importer shall constitute contraband in the State of Alabama as provided in Section 6-12A-6(b), and shall be subject to seizure and forfeiture as provided under that section.

(Act 99-395, p. 652, §3; Act 2000-591, p. 1087, §1; Act 2001-344, p. 446, §1; Act 2003-371, p. 1047, §1; Act 2014-341, p. 1266, §1.)

§ 6-12-4 Limitation on Bond Requirements in Litigation Involving Master Settlement Agreement Signatories, Successors, and Affiliates

(a) In civil litigation under any legal theory involving a signatory, a successor of a signatory, or an affiliate of a signatory to the tobacco Master Settlement Agreement, as defined in Section 6-12-2, the supersedeas bond to be furnished to stay the execution of the judgment during the entire course of appellate review shall be set in accordance with applicable laws or court rules, except that the total supersedeas bond that is required of all appellants collectively shall not exceed one hundred twenty-five million dollars ($125,000,000), regardless of the amount of the judgment.

(b) Notwithstanding subsection (a), if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may require the appellant to post a supersedeas bond in an amount up to the total amount of the judgment.

(c) This section shall apply to all actions pending or filed on or before February 24, 2006, and to all actions filed after February 24, 2006.

(Act 2006-94, p. 124, §1.)

Chapter 12A Tobacco Master Settlement Complementary Legislation

§ 6-12A-1 Short Title

This chapter may be cited as the Tobacco Master Settlement Complementary Legislation Act.

(Act 2003-372, p. 1049, §2.)

§ 6-12A-2 Definitions

For the purposes of this chapter, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section:

(1) BRAND FAMILY. All styles of cigarettes sold under the same trade mark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, menthol, lights, kings, and 100s and includes any brand name (alone or in conjunction with any other word) trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.

(2) CIGARETTE. As defined under subdivision (4) of Section 6-12-2.

(3) COMMISSIONER. The Commissioner for the Department of Revenue for the State of Alabama.

(4) DISTRIBUTOR. A person, wherever resident or located, who purchases non-tax-paid cigarettes and stores, sells, or otherwise disposes of the cigarettes.

(5) IMPORTER. As defined under subdivision (5) of Section 6-12-2.

(6) MASTER SETTLEMENT AGREEMENT. The tobacco Master Settlement Agreement as defined under subdivision (6) of Section 6-12-2.

(7) NON-PARTICIPATING MANUFACTURER. Any tobacco product manufacturer that is not a participating manufacturer.

(8) PARTICIPATING MANUFACTURER. As defined in Section II(jj) of the Master Settlement Agreement, and all amendments thereto.

(9) QUALIFIED ESCROW FUND. As defined in subdivision (7) of Section 6-12-2.

(10) TOBACCO PRODUCT MANUFACTURER. As defined in subdivision (10) of Section 6-12-2.

(11) UNITS SOLD. As defined in subdivision (11) of Section 6-12-2.

(12) WHOLESALER. A person, firm, corporation, club, or association that is authorized to affix tax stamps to packages or other containers of cigarettes under Chapter 25 of Title 40.

(Act 2003-372, p. 1049, §2; Act 2014-341, p. 1266, §1.)

§ 6-12A-3 Tobacco Product Manufacturer Certification; Directory; Stamping, Sale, or Import of Cigarettes Not in Directory

(a) Certification. Every tobacco product manufacturer whose cigarettes are sold in this state whether directly or through a distributor, retailer, or similar intermediary or intermediaries shall execute and deliver on a form prescribed by the commissioner, a certification to the commissioner no later than the thirtieth day of April each year, certifying that, as of the date of the certification, the tobacco product manufacturer either: Is a participating manufacturer or is in full compliance with Section 6-12-3, including all quarterly installment payments required by subsection (e) of Section 6-12A-5.

(1) Each participating manufacturer shall include in its certification a list of its brand families. The participating manufacturer shall update its list 30 days prior to any addition or modification to its brand families by executing and delivering a supplemental certification to the commissioner.

(2) Each non-participating manufacturer shall include in its certification:

a. A complete list of all of its brand families.

b. A separate listing containing the names of the brand families of cigarettes and the number of units sold for each brand family in the state during the preceding calendar year.

c. A separate listing containing the names of its brand families that have been sold in the state at any time during the current calendar year.

d. An indication by an asterisk of the names of any brand family sold in the state during the preceding calendar year that are no longer being sold in the state as of the date of the certification.

e. An identification by name and address of any other manufacturer of any of the listed brand families in the preceding or current calendar year.

f. In the case of cigarettes, brands, or brand families imported into the United States by one or more importers, an identification by name and address of any and all importers of the cigarettes.

Each non-participating manufacturer shall update its list at least 30 days prior to any addition or modification to its list of brand families by executing and delivering a supplemental certification to the commissioner.

(3) Additionally, each non-participating manufacturer shall further certify in its certification:

a. That both the non-participating manufacturer, and, if applicable, the importer of the cigarettes, are registered to do business in the state or has appointed an agent for service of process and provided notice thereof as required by Section 6-12A-4.

b. That it has:

1. Established and continues to maintain a qualified escrow fund.

2. Executed a qualified escrow agreement that has been reviewed and approved by the commissioner and that governs the qualified escrow fund.

c. That it is in full compliance with Section 6-12-3 and this chapter, and any regulations promulgated pursuant thereto.

d.1. The name, address, and telephone number of the financial institution where it has established the qualified escrow fund required pursuant to Section 6-12-3 and all regulations promulgated thereto.

2. The account number of the qualified escrow fund and any sub-account number for the State of Alabama.

3. The amount the non-participating manufacturer placed in the qualified escrow fund for cigarettes sold in the state during the preceding calendar year, the date and amount of each deposit, and any evidence or verification as may be deemed necessary by the commissioner to confirm the foregoing.

4. The amount and date of any withdrawal or transfer of funds the non-participating manufacturer made at any time from the qualified escrow fund or from any other qualified escrow fund into which escrow payments were ever made pursuant to Section 6-12-3 and all regulations promulgated thereto.

5. That it and, if applicable, the importer of the cigarettes, holds a current and valid permit under 26 U.S.C. § 5713.

(4) A participating manufacturer may not include a brand family in its certification unless it affirms that the brand family is to be deemed to be its cigarettes for purposes of calculating its payments under the Master Settlement Agreement for the relevant year, in the volume and shares determined pursuant to the Master Settlement Agreement.

(5) A non-participating manufacturer may not include a brand family in its certification unless it affirms that the brand family is to be deemed to be its cigarettes for purposes of Section 6-12-3.

(6) Nothing in this section shall be construed as limiting or otherwise affecting the state’s right to maintain that a brand family constitutes cigarettes of a different tobacco product manufacturer for purposes of calculating payments under the Master Settlement Agreement or for purposes of Section 6-12-3.

(7) The tobacco product manufacturers shall maintain all invoices and documentation of sales and any other information relied upon for certification for a period of five years, unless otherwise required by law to maintain them for a greater period of time.

(b) Directory of cigarettes approved for stamping and sale. Not later than 90 days after August 1, 2003, the commissioner shall compile and make available for public inspection a directory listing all tobacco product manufacturers that have provided current and accurate certifications conforming to the requirements of subsection (a), and all brand families that are listed in the certifications, except as noted below.

(1) The commissioner shall not include or retain in the directory the name or brand families of any non-participating manufacturer that fails or has failed to provide the required certification or whose certification the commissioner determines is not in compliance with subdivisions (2) and (3) of subsection (a), unless the commissioner has determined that each violation has been cured.

(2) Neither a tobacco product manufacturer nor a brand family shall be included or retained in the directory if the commissioner concludes either of the following:

a. Any escrow payment required pursuant to Section 6-12-3, for any period for any brand family, whether or not listed by the non-participating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the commissioner.

b. Any outstanding final judgment, including interest thereon, for a violation of Section 6-12-3, has not been fully satisfied for the brand family or the manufacturer.

c. That the non-participating manufacturer has not provided a bond in strict compliance with subsection (f) of Section 6-12A-5 and the rules relating thereto.

d. That the non-participating manufacturer has failed or refused to provide the documents or information requested by the commissioner in order to promote compliance with the requirements of this chapter.

(3) The commissioner shall update the directory as necessary in order to correct mistakes and to add or remove a tobacco product manufacturer or brand family to keep the directory in conformity with the requirements of this chapter. The commissioner, in addition to any notice requirements in Section 40-2A-8, shall transmit by electronic mail or other practicable means to each wholesaler, stamping agent, or distributor notice of any addition to or removal from the directory of any tobacco product manufacturer or brand family. The wholesaler, stamping agent, or distributor shall have 30 days from receipt of notice from the department regarding the change in the directory to sell the brand family that is delisted. No delisted brand family may be sold after the 30-day period.

(4) Every wholesaler and distributor shall provide and update as necessary an electronic mail address to the commissioner for the purpose of receiving any notifications as may be required by this chapter.

(c) Prohibition against stamping, sale, or import of cigarettes not in the directory. It shall be unlawful for any person to do either of the following:

(1) Affix a stamp to a package or other container of cigarettes of a tobacco product manufacturer or brand family not included in the directory.

(2) Sell, offer, or possess for sale in this state, or import for personal consumption in this state, cigarettes of a tobacco product manufacturer or brand family not included in the directory.

(Act 2003-372, p. 1049, §2; Act 2014-341, p. 1266, §1.)

§ 6-12A-4 Agent for Service of Process

(a) Agent for service of process required. Any non-resident or foreign non-participating manufacturer that has not registered to do business in the state as a foreign corporation or business entity, as a condition precedent to having its brand families listed or retained in the directory, shall appoint and continually engage without interruption the services of an agent in this state to act as agent for the service of process on whom all process, and any action or proceeding against it concerning or arising out of the enforcement of this chapter and Section 6-12-3, may be served in any manner authorized by law. The service shall constitute legal and valid service of process on the non-participating manufacturer. The non-participating manufacturer shall provide the name, address, phone number, and proof of the appointment and availability of their agent to and to the satisfaction of the commissioner.

(b) The non-participating manufacturer shall provide notice to the commissioner 30 calendar days prior to termination of the authority of an agent and shall further provide proof to the satisfaction of the commissioner of the appointment of a new agent no less than five calendar days prior to the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the non-participating manufacturer shall notify the commissioner of termination within five calendar days and shall include proof to the satisfaction of the commissioner of the appointment of a new agent.

(Act 2003-372, p. 1049, §2.)

§ 6-12A-5 Reporting to Commissioner; Disclosure; Escrow Fund

(a) Reporting by wholesalers and distributors. Not later than 20 days after the end of each month, and more frequently if so directed by the commissioner, each wholesaler and distributor shall submit all the information the commissioner requires to facilitate compliance with this chapter, including, but not limited to, a list by brand family of the total number of cigarettes or in the case of roll your own, the equivalent stick count for which the wholesalers and distributors affixed stamps during the previous month or otherwise paid the tax due for any cigarettes. The wholesaler or distributor shall maintain, and make available to the commissioner, all invoices and documentation of sales of all non-participating manufacturer cigarettes and any other information relied upon in reporting to the commissioner for a period of five years.

(b) Disclosure of information. Notwithstanding any other law or rule, including Section 40-2A-10, the commissioner is hereby authorized to disclose, in the commissioner’s discretion, any information received under this chapter, Chapter 12 of this title, or Chapter 25 of Title 40, for purposes of the proper administration of any matter administered by the Department of Revenue, including but not limited to determining compliance with and enforcing this chapter, Chapter 12 of this title and Chapter 25 of Title 40, and in determining the proper amount of any payment, offset, adjustment, or refund pursuant to the Master Settlement Agreement or any agreement related thereto.

(c) Verification of qualified escrow fund. The commissioner may require at any time from the non-participating manufacturer proof, from the financial institution in which the manufacturer has established a qualified escrow fund for the purpose of compliance with Section 6-12-3, of the amount of money in the fund, exclusive of interest, the amount and date of each deposit, and the amount and date of each withdrawal from the fund.

(d) Requests for additional information. In addition to the information required to be submitted herein, the commissioner may require a wholesaler or distributor or tobacco product manufacturer to submit any additional information including, but not limited to, samples of the packaging or labeling of each brand family, as is necessary to determine whether a tobacco product manufacturer is in compliance with this chapter.

(e) Quarterly escrow installments. To promote compliance with this chapter, the commissioner may promulgate regulations requiring a tobacco product manufacturer subject to the requirements of subdivision (2) of subsection (a) of Section 6-12A-3, to make the escrow deposits required in quarterly installments during the year in which the sales covered by the deposits are made. The commissioner may require production of information sufficient to determine the adequacy of the amount of the installment deposit.

(f)(1) A non-participating manufacturer shall post a bond for the benefit of the commissioner, in accordance with this section, which is conditioned that the non-participating manufacturer shall fully comply with the escrow obligations of this chapter.

(2) The bond shall be posted at least 10 days in advance of each calendar quarter as a condition to the non-participating manufacturer and its brand families being included in the state directory for that quarter. The amount of the bond shall be the greater of a. the greatest required escrow amount due from the non-participating manufacturer or its predecessor for any of the 12 preceding calendar quarters or b. $25,000.

(3) If a non-participating manufacturer that posted a bond has failed to make or have made on its behalf deposits equal to the full amount owed for a quarter within 15 days following the due date for the quarter under subsection (e), the commissioner may execute upon the bond in the amount equal to any remaining amount of the escrow due including any applicable penalties or other charges allowable by law. Amounts the commissioner or the state collects on a bond shall be deposited into the General Fund for the benefit of the state and shall reduce the amount of escrow due from that non-participating manufacturer in the dollar amount collected. Escrow obligations above the amount collected on the bond remain due from that non-participating manufacturer and any importer liable as provided in subsection (b) of Section 6-12-3.

(4) The bond required under this subsection must be a good and sufficient bond executed by a surety company licensed and authorized to do business in Alabama and shall be conditioned to pay the escrow requirements as well as any penalties or other charges under this chapter.

(5) The commissioner may promulgate rules necessary to implement this subsection including acceptable forms and types of bonds.

(Act 2003-372, p. 1049, §2; Act 2014-341, p. 1266, §1.)

§ 6-12A-6 Penalties; Unlawful Practices

(a) Revocation of stamping privileges and civil penalty. In addition to or in lieu of any other civil or criminal remedy provided by law, upon a determination that a wholesaler, distributor, or any person has violated subsection (c) of Section 6-12A-3, or any regulation adopted pursuant thereto, the commissioner may revoke or suspend the stamping privileges of any stamping agent in the manner provided by Section 40-2A-8. Each stamp affixed and each offer to sell cigarettes in violation of subsection (c) of Section 6-12A-3 shall constitute a separate violation. For each violation thereof, the commissioner may also impose a civil penalty in an amount not to exceed the greater of 500 percent of the retail value of the cigarettes sold or five thousand dollars ($5,000) upon a determination of violation of subsection (c) of Section 6-12A-3 or any regulations adopted pursuant thereto.

(b) Contraband and seizure. Any cigarettes that have been sold, offered for sale, or possessed for sale in this state, or imported for personal consumption in this state in violation of subsection (c) of Section 6-12A-3 shall be deemed contraband, and the cigarettes shall be subject to seizure and forfeiture as provided under subsection (c) of Section 8-19-12; provided, however, that all such cigarettes shall be destroyed.

(c) Injunction. The commissioner may seek an injunction on behalf of the state to restrain a threatened or actual violation of subsection (c) of Section 6-12A-3, or subsection (a) or (d) of Section 6-12A-5, by a wholesaler or distributor, and compel the violator to comply with these subsections. In any action brought pursuant to this section, the state shall be entitled to recover the costs of investigation, costs of the action, and reasonable attorney fees.

(d) Unlawful sale and distribution. It shall be unlawful for a person to sell, distribute, acquire, hold, own, possess, transport, import, or cause to be imported cigarettes that the person knows or should know are intended for distribution or sale in the state in violation of subsection (c) of Section 6-12A-3. A violation of this subsection shall be a Class A misdemeanor.

(e) Unlawful and deceptive trade practices. A person who violates subsection (c) of Section 6-12A-3 engages in an unlawful and deceptive trade practice in violation of Section 8-19-5.

(Act 2003-372, p. 1049, §2.)

§ 6-12A-7 Review; Application for Permit; Rules and Regulations; Costs and Fees; Disgorgement of Profits

(a) Notice and review of determination. A tobacco product manufacturer who does not agree with a determination by the commissioner to not list or to remove from the directory a brand family or tobacco product manufacturer shall be entitled to file a written request for review with the commissioner. The written request shall be referred to as a petition for review and shall describe any specific objections to the determination not to list or to remove from the directory a brand family or tobacco product manufacturer.

(1) The petition for review and any supporting documentation, must be filed with the commissioner’s office not later than 30 days after the date of the determination.

(2) The commissioner shall review the petition and any supporting documentation and notify the tobacco product manufacturer of the final determination.

(3) At the request of the tobacco product manufacturer, or if otherwise deemed necessary by the commissioner, a conference may be scheduled to allow the commissioner and the tobacco product manufacturer to present their respective positions.

(b) Applications for stamping permits. No person shall be permitted or otherwise authorized to affix stamps to tobacco products unless they certify in writing that they will comply fully with this chapter.

(c) Dates. For the year 2003:

(1) The first report by wholesalers and distributors required by subsection (a) of Section 6-12A-5, shall be due 30 days after August 1, 2003.

(2) The certifications by tobacco product manufacturers described in subsection (a) of Section 6-12A-3, shall be due 45 days after August 1, 2003.

(3) The directory described in subsection (b) of Section 6-12A-3, shall be published or made available within 90 days after August 1, 2003.

(d) Promulgation of regulations. The commissioner may promulgate regulations necessary to effectuate the implementation and administration of this chapter.

(e) Recovery of costs and fees. In any action brought by the state to enforce this chapter, the state shall be entitled to recover the costs of investigation, expert witness fees, the costs of the action, and reasonable attorney fees.

(f) Disgorgement of profits for violations of chapter. If a court determines that a person has violated this chapter, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the State Treasurer for deposit in the Alabama 21st Century Fund, created by Section 41-10-629. Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state.

(Act 2003-372, p. 1049, §2.)