0 chapters · 1,267 sections in this title.
Ala. Code § 12-11-1 Circuit Court in Every County
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(a) There is provided in every county in the state a circuit court with all the jurisdiction and powers that are conferred on the circuit court by the Constitution and laws of this state. (b) Persons elected to or appointed to a circuit court judgeship must have been admitted to …
Ala. Code § 12-11-10 Transfer of Cases - Involuntary Juvenile Commitment Proceedings
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Except as provided in Chapter 15 of this title, involuntary commitment proceedings, primarily cognizable before the probate courts, may be transferred to the circuit court for adjudication on motion of a party to the proceeding in probate court, according to rules governing trans…
Ala. Code § 12-11-11 Transfer of Cases - Transfer to Another Court in Same County
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Whenever it shall appear to the court that any case filed therein should have been brought in another court in the same county, the court shall make an order transferring the case to the proper court, and the clerk or register shall forthwith certify the pleadings, process, costs…
Ala. Code § 12-11-2 State Divided into Judicial Circuits; Enumeration of Circuits
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The State of Alabama is divided into judicial circuits for the circuit courts, numbered and composed of counties as follows: (1) First circuit - Choctaw, Clarke and Washington. (2) Second circuit - Butler, Crenshaw and Lowndes. (3) Third circuit - Barbour and Bullock. (4) Fourth …
Ala. Code § 12-11-3 Circuit Court to Be Held in Each County at Courthouse, Etc
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Except when otherwise provided by law, the circuit courts of the several counties shall be held at the courthouses thereof. History: (Acts 1947, No. 378, p. 270, §5.)
Ala. Code § 12-11-30 Generally
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(1) CIVIL. The circuit court shall have exclusive original jurisdiction of all civil actions in which the matter in controversy exceeds twenty thousand dollars ($20,000), exclusive of interest and costs, and shall exercise original jurisdiction concurrent with the district court …
Ala. Code § 12-11-31 Equitable Jurisdiction
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The powers and jurisdiction of circuit courts as to equitable matters or proceedings shall extend: (1) To all civil actions in which a plain and adequate remedy is not provided in the other judicial tribunals. (2) To all cases founded on a gambling consideration, so far as to sus…
Ala. Code § 12-11-32 Jurisdiction to Sell Property and Franchises of Public Utility Corporation
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All circuit courts of this state are authorized and empowered to order the sale of the property and franchises of public utility corporations upon a civil action by a creditor or creditors having a judgment against such public utility corporations. History: (Code 1907, §3053; Cod…
Ala. Code § 12-11-33 Cases of Which Circuit Courts Take Cognizance in Equitable Matters
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Circuit courts, when exercising equitable jurisdiction, must take cognizance of the following cases: (1) When the defendants reside in this state. (2) Against nonresidents, when the object of the action concerns an estate of, lien or charge upon lands or the disposition thereof, …
Ala. Code § 12-11-4 When Courts Open
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The circuit courts of the several counties of the state shall be open for the transaction of any and all business or judicial proceedings of every kind at all times. History: (Acts 1915, No. 641, p. 707; Code 1923, §6667; Acts 1936, Ex. Sess., No. 56, p. 32; Code 1940, T. 13, §11…
Ala. Code § 12-11-40 Proceedings on Administration of Estates in Circuit Court
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In the administration of estates in the circuit court in this state, such court, in the exercise of such jurisdiction, shall proceed according to the Alabama Rules of Civil Procedure and shall, where necessary, permit service by publication in the manner provided for publication …
Ala. Code § 12-11-41 Removal of Administration of Estates from Probate Court
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The administration of any estate may be removed from the probate court to the circuit court at any time before a final settlement thereof, by any heir, devisee, legatee, distributee, executor, administrator or administrator with the will annexed of any such estate, without assign…
Ala. Code § 12-11-41.1 Transfer to Circuit Court; Remand to Probate Court
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(a) In any county where the judge of probate is required to be learned in the law, the administration of any estate may be removed from the probate court to the circuit court pursuant to Section 12-11-41 at any time before a proceeding for final settlement thereof is commenced in…
Ala. Code § 12-11-5 Provision for Regular or Special Sessions of Court
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The presiding circuit judge of each circuit court shall provide, by written direction to the circuit clerk, for the holding of regular or special sessions of the court; provided, that nothing herein contained shall be construed to prevent the transaction of business by the court …
Ala. Code § 12-11-6 Notice of Special Sessions
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When the court or judge has ordered or directed that a special session of the court be held, the clerk of the court shall, as soon as practicable, notify either the parties or one of their attorneys of record of the date of holding such special session, which notice may be given …
Ala. Code § 12-11-60 Settlements of Estates
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(a) When any error of law or fact has occurred in the settlement of any estate of a decedent to the injury of any party, without any fault or neglect on his part, such party may correct such error by filing a complaint in the circuit court within two years after the final settlem…
Ala. Code § 12-11-61 Irregular Sales of Lands Under Decrees of Probate Court May Be
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Confirmed. Sales of lands made under a decree of the probate court, the parties in interest having had legal notice of the proceedings in which the decree was rendered, which are invalid because of errors, omissions or irregularities in the proceedings in the probate court, may b…
Ala. Code § 12-11-7 Witnesses and Process for Special Sessions
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The circuit clerk shall, immediately after an order for a special session is made, mail to each party and his attorney of record in any case subject to trial at such session a copy of such order, addressed to such party or attorney at the post office nearest his residence, if kno…
Ala. Code § 12-11-8 “Session of Court” Defined
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The term “session of court,” when used in this code, means any period of time fixed by the presiding judge of the court for the trial of cases or the transaction of any other business, unless the context clearly indicates to the contrary. History: (Code 1923, §6675; Code 1940, T.…
Ala. Code § 12-11-9 Transfer of Cases - Between Circuit Court and District Court
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If a case filed in the circuit court is within the exclusive jurisdiction of a district court or a case filed in the district court is within the exclusive jurisdiction of the circuit court, the circuit clerk or a judge of the court where the case was filed shall transfer the cas…