Title 12 — Title 12
0 chapters · 1,267 sections in this title.
Ala. Code § 12-1-1 Effect of Rules of Supreme Court of Alabama
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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. His…
Ala. Code § 12-1-10 Punishment by Courts for Contempt
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The courts of this state may punish for contempt as provided by law. History: (Code 1852, §§568, 604, 628, 671, 704, 712; Code 1867, §§660, 700, 746, 791, 832, 842; Code 1876, §§571, 618, 657, 694, 746, 758; Code 1886, §4194; Code 1896, §4590; Code 1907, §6693; Code 1923, §3798; …
Ala. Code § 12-1-11 Appeal to Appellate Court by Attorney or Officer from Judgment of
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Contempt. Any attorney or officer who is ordered to be punished for a contempt in the circuit court may appeal to the appropriate appellate court and may stay the execution of any fine or sentence imposed by the execution of a bond, payable to the state, with two sufficient suret…
Ala. Code § 12-1-12 Grounds for Disqualification of Judges from Trial of Cases Generally
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No judge of any court shall sit in any case or proceeding in which he is interested or related to any party within the fourth degree of consanguinity or affinity or in which he has been of counsel or in which is called in question the validity of any judgment or judicial proceedi…
Ala. Code § 12-1-13 Grounds for Disqualification of Justices of Supreme Court and Judges
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of Courts of Appeals from Participation in Decision of Cases. No justice of the Supreme Court or judge of a Court of Appeals of Alabama shall participate in the decision of any case in the Supreme Court or a court of appeals appealed to said court from any lower court of the Stat…
Ala. Code § 12-1-14 Appointment, Powers, Compensation, Etc., of Special Judges for
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Circuit, District, or Probate Court. Should the need for special judges in the circuit court, district court or probate court arise, the Supreme Court may appoint and commission special circuit judges or special district court judges or special probate judges for temporary servic…
Ala. Code § 12-1-14.1 Appointment of Special Judge Upon Request; Temporary Service
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(a) At the request of the affected judge in a particular circuit, the presiding circuit court judge of the circuit may appoint and commission a special circuit court judge, special district court judge, or special judge of probate for temporary service. The person so appointed sh…
Ala. Code § 12-1-14.2 Senior Judge Status
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(a) Any circuit court judge or district court judge who has served for 10 or more years in any combination of service as a judge of the circuit court or district court in this state and who retires pursuant to Chapter 18 of this title, may be appointed as a senior judge. A circui…
Ala. Code § 12-1-15 Benefits to Which Judges, Officers, Employees, Etc., of Judicial Branch
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of Government Entitled; Uniformity of Treatment as to Benefits, Etc., of Supernumerary Justices and Judges and Retired Justices and Judges; Failure by Justice or Judge to Apply for Supernumerary or Retirement Benefits at Time of Leaving Active State Service Not to Forfeit Entitle…
Ala. Code § 12-1-16 Voluntary Diminution of Compensation, Benefits, Etc., by Judges,
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Officers, Employees, Etc., of Judicial Branch of Government. It shall be lawful for any justice, judge, official, officer or employee of the judicial branch of government, including any retired or supernumerary justice, judge, officer, official or employee, to voluntarily diminis…
Ala. Code § 12-1-17 Reimbursement of Travel Expenses of Judges, Officers, Etc., of
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Appellate Courts Attending Judicial Colleges, Seminars, Etc. The justices, judges, officers, officials and employees of the appellate courts shall be entitled to be reimbursed their actual expenses of travel, including, but not limited to, transportation costs, meals, lodging, re…
Ala. Code § 12-1-18 Reimbursement of Travel Expenses of Circuit Judges, District Court
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Judges, Municipal Judges, Court-Supportive Personnel, Etc.; Effect of Failure to Attend Educational Conference, Seminar, Etc., When Attendance Ordered. (a) Notwithstanding any other provision of law relating to reimbursement of traveling expenses of public officers and employees,…
Ala. Code § 12-1-19 Monthly Reports of Clerks of Circuit, District and Municipal Courts as to
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Fines, Fees, Etc., Collected. The clerks of the circuit courts and the clerks of the district and municipal courts in this state shall each prepare a monthly report on a form to be approved by the Chief Examiner of Public Accounts showing by totals the amount of fines, trial tax,…
Ala. Code § 12-1-2 Vesting of Judicial Power of State Generally
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The judicial power of the state is vested exclusively in a unified judicial system which shall consist of a Supreme Court, a Court of Criminal Appeals, a Court of Civil Appeals, a trial court of general jurisdiction known as the circuit court, a trial court of limited jurisdictio…
Ala. Code § 12-1-20 Appellate Courts, Administrative Office of Courts and Department of
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Court Management Authorized to Contract with Counties, Municipalities, Etc., for Offices and Other Physical Facilities for Courts. The appellate courts, the Administrative Office of Courts and the Department of Court Management are authorized and empowered to contract with county…
Ala. Code § 12-1-21 Salaries of Court Personnel, Etc
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Salaries or compensation of court personnel and any other persons paid by or by authority of the judicial department of the State of Alabama, whose salary, including any local supplement thereto, is set by statute, shall be paid in accordance with such statute, as shown in the jo…
Ala. Code § 12-1-22 Certain Statutes Relative to Judicial Circuits and Court Personnel
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Continued in Effect. The adoption of this code shall not repeal or amend any statute in effect on the effective date of this code which is applicable only with respect to one or more judicial circuits of the state, whether such judicial circuits are identified by specific referen…
Ala. Code § 12-1-23 Reasonable Accommodation for Those in Need of Special Services,
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Etc. (a) If any plaintiff, defendant, or witness in any proceeding before the district court, circuit court, appellate court, or grand jury is in need of special services or equipment as required by the Americans with Disabilities Act [P.L. 101-366], the court shall make every ef…
Ala. Code § 12-1-24 Pretrial Hearings in Certain Cases to Be Conducted by Audio-Video
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Communications. (a) The presiding judge of each judicial circuit may authorize pretrial motion hearings in civil and criminal matters in the circuit courts, district courts, and probate courts to be conducted by telephone conferencing or other audio-video telecommunications means…
Ala. Code § 12-1-3 Vesting of Criminal Jurisdiction
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The criminal jurisdiction of this state is vested in the circuit courts, district and municipal courts and such officers as are by law clothed with criminal jurisdiction. History: (Code 1852, §380; Code 1867, §3928; Code 1876, §4626;Code 1886, §4193; Code 1896, §4589; Code 1907, …
Ala. Code § 12-1-4 Transfer of Cases Improperly Submitted to Supreme Court or Courts of
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Appeals. When any case is submitted to the Supreme Court which should have gone to one of the courts of appeals or is submitted to one court of appeals when it should have gone to the other, it must not be dismissed but shall be transferred to the proper court; and, when any case…
Ala. Code § 12-1-40 Short Title
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This article shall be known and may be cited as the Speedy Trial Act. History: (Act 2025-322, §1.)
Ala. Code § 12-1-41 Appointment of Visiting Judges; Powers; Compensation; Speedy Trial
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Fund. (a) The Chief Justice of the Alabama Supreme Court, upon request from the Attorney General or a district attorney, may appoint a sitting or retired circuit judge to temporarily serve in a given circuit as a visiting judge for a specific case or cases arising from one or mor…
Ala. Code § 12-1-42 Reassignment of Cases by Presiding Circuit Judge
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The presiding circuit judge of each circuit, in his or her discretion and the best interests of justice, may reassign a case to any other circuit or district judge in the circuit without regard to division or specialty. History: (Act 2025-322, §3.)
Ala. Code § 12-1-5 Procedure When Bill to Increase or Decrease Number of Judges or
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Change Boundaries of Circuit or District Introduced in Legislature. Pursuant to the constitutional requirement that the Supreme Court must, within three weeks after a bill is introduced at any session of the Legislature to increase or decrease the number of circuit or district ju…
Ala. Code § 12-1-6 Procedure When Local Legislation Affecting Judiciary Introduced in
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Legislature. Whenever any bill is introduced in any session of the Legislature which pertains to the judiciary, which bill calls for local or less than statewide application, the Clerk of the House of Representatives or the Secretary of the Senate shall immediately deliver a cert…
Ala. Code § 12-1-6.1 Briefs and Amicus Curiae by Certain Legislative Parties Authorized in
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Appellate Cases. (a) Notwithstanding Section 12-1-1, or any other provision of this title, or any rule of the Alabama Rules of Appellate Procedure, the Speaker of the House of Representatives, President Pro Tempore of the Senate, the Chairs of the House or Senate Judiciary Commit…
Ala. Code § 12-1-7 Powers of Courts as to Preservation of Order, Enforcement of
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Judgments, Etc., Generally. Every court shall have power: (1) To preserve and enforce order in its immediate presence and as near thereto as is necessary to prevent interruption, disturbance or hindrance to its proceedings; (2) To enforce order before a person or body empowered t…
Ala. Code § 12-1-8 Cases in Which Courts May Issue Attachments and Inflict Summary
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Punishment for Contempt. The powers of the several courts in this state to issue attachments and inflict summary punishment for contempts shall not extend to any other cases than: (1) Disrespectful, contemptuous or insolent behavior in court, tending in any way to diminish or imp…
Ala. Code § 12-1-9 Conduct of Inquiries, Etc., as to Violations of Section 12-1-8 and
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Punishment of Offenders. The judges of the several courts of this state, whenever they deem it proper or necessary, shall inquire and examine the parties, witnesses, jurors or third parties as to whether or not any of the provisions of Section 12-1-8 have been violated; and, if t…