Title 12 — Title 12

When the fair trial tax is collected in circuit or district court, the clerk or register of the court, or the judge if there is no clerk or register, shall remit the receipts monthly to the State Treasury to be paid into a fund to be called the “Fair Trial Tax Fund.” History: (Ac…

Disposition of Proceeds by Municipalities. Notwithstanding the provisions of this article, when the “fair trial tax” levied and provided for in this article is collected, the clerk of the municipal court of each municipality which has retained its municipal court, instead of remi…

Defender Offices by Counties. There is hereby appropriated from the Fair Trial Tax Fund, annually, such amount as may be necessary to pay the fees of counsel, court reporters, and such other necessary expenses of indigent defense as are provided by law. There is also hereby appro…

(a) Expenditures from the Fair Trial Tax Fund shall be subject to the control and approval of the Governor. (b) In his discretion the Governor may limit the payment of expenses incurred in one county or judicial circuit to revenues collected within such county or judicial circuit…

Close of Fiscal Year. Any unexpended and unencumbered balance remaining in the Fair Trial Tax Fund at the close of the state fiscal year shall not revert to the General Fund of the state but shall be retained in the “Fair Trial Tax Fund” and may be used in future years for the pa…

Notice of Fee. (a) There is hereby imposed an administrative fee of $1.00 to be collected by the clerks of the circuit and district courts and the registers of the circuit courts for the receipt and disbursement of each periodic payment made to their offices under any order, decr…

This article may be cited as the Alabama Litigation Accountability Act. History: (Acts 1987, No. 87-186, p. 254, §1.)

The following words and phrases as used in this article, have the meaning ascribed to them in this section, unless the context clearly requires otherwise: (1) WITHOUT SUBSTANTIAL JUSTIFICATION. The phrase “without substantial justification”, when used with reference to any action…

Action Without Substantial Justification; Voluntary Dismissal. (a) Except as otherwise provided in this article, in any civil action commenced or appealed in any court of record in this state, the court shall award, as part of its judgment and in addition to any other costs other…

for Award; Factors to Be Considered. In determining the amount of an award of costs or attorneys’ fees, the court shall exercise its sound discretion. When granting an award of costs and attorneys’ fees, the court shall specifically set forth the reasons for such award and shall …

Nothing in this article shall be construed to prevent an attorney and his client from negotiating in private the actual fee which the client is to pay his attorney. Nothing in this article is intended to limit the authority of the court to approve written stipulations filed with …

This article shall apply to any suit or claim or defense or appeal filed subsequent to June 11, 1987. It shall also apply to any suit or claim or defense or appeal which has been filed prior to June 11, 1987, and which is not dismissed within 180 days of June 11, 1987. History: (…

The provisions of this article are cumulative and in addition to the damages which may be awarded for a frivolous appeal pursuant to Rule 38, Alabama Rules of Appellate Procedure. History: (Acts 1987, No. 87-186, p. 254, §8.)

until June 1, 2026.] AMENDED BY ACT 2026-334, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) The Advanced Technology and Data Exchange Fund is created in the State Treasury. (b) The fund shall consist of all monies paid into the State Treasury to the credit of the fund…

[Effective June 1, 2026.] (a) The Supreme Court Advanced Technology and Data Exchange Fund is created in the State Treasury. (b) The fund shall consist of all monies paid into the State Treasury to the credit of the fund through user fees, copy fees, subscriptions, service charge…

[Effective June 1, 2026.] (a) The Court of Civil Appeals Advanced Technology and Data Exchange Fund is created in the State Treasury. (b) The fund shall consist of all monies paid into the State Treasury to the credit of the fund through user fees, copy fees, subscriptions, servi…

Fund. [Effective June 1, 2026.] (a) The Court of Criminal Appeals Advanced Technology and Data Exchange Fund is created in the State Treasury. (b) The fund shall consist of all monies paid into the State Treasury to the credit of the fund through user fees, copy fees, subscriptio…

Judicial System. The state assumption of financial responsibility for the Unified Judicial System shall be phased over three fiscal years as follows: (1) The state shall be responsible for the following beginning in the 1975-76 fiscal year: a. Salaries and expenses of the Supreme…

(a) In addition to the docket fees now authorized by law, additional docket fees shall be assessed in all circuit, district, and municipal courts as follows: (1) In civil cases in the circuit and district courts, except child support cases and as further provided for small claims…

(a)(1) In addition to all other charges, costs, taxes, or fees levied by law on bail bonds, additional fees as detailed in paragraph a. and paragraph b. shall be imposed on every bail bond in all courts of this state. The fee shall not be assessed in traffic cases, except for tho…

(a) The fee allocated to the Solicitor’s Fund shall be expended for the payment of any and all expenses incurred by the district attorney in the discharge of the duties of the office or for any legitimate law enforcement purpose. (b) The fee allocated for the court clerk’s fund s…

If the charge against a defendant in a case is disposed of by a finding of not guilty, no bill, dismissal or nolle prosequi without conditions, the fees imposed in the case pursuant to paragraph b. of subdivision (1) of subsection (a) of Section 12-19-311 shall not be assessed. I…

All fees or fines imposed pursuant to this chapter shall be collected as provided for by the statute for other court ordered monies in this state. History: (Act 2012-535, p. 1582, §5.)

The court shall maintain jurisdiction to collect restitution, fees, fines, costs, and other court ordered monies beyond the termination of a defendant’s sentence or probation. History: (Act 2012-535, p. 1582, §6.)

and Clerical Facilities for Certain District Courts. Courtrooms and related judicial and clerical facilities for the district court shall be provided and maintained by the municipalities where the court shall sit other than at the county courthouse, said facilities to be with the…

Thereof. (a) Probate judges must keep posted, in a conspicuous place in their respective offices, a complete list of all the fees allowed by law to them and must furnish a copy thereof on application. (b) Any probate judge who fails to comply with the provisions of subsection (a)…

All officers entitled to fees or costs must, on demand, make out a bill of such fees or costs, stating each item distinctly, and, except in cases where it is expressly authorized, no fee shall be charged for taxing costs or furnishing a copy of the bill. History: (Code 1852, §§30…

It shall be the duty of the several probate judges to make out an itemized account for their official services before their fees are due and collectible. History: (Code 1876, §5031; Code 1886, §3686; Code 1896, §1376; Code 1907, §3721; Code 1923, §7286; Code 1940, T. 11, §33.)

Probate; Security Deposits. (a) Fees allowed by law in connection with proceedings before probate judges shall be collected either at the time the pleading is filed in probate court or at the termination of the suit, as determined by the court. Fees for transcripts of papers file…

Persons entitled to an allowance by the county commission for what are commonly called ex officio services shall, before the allowance is made, itemize such services and make oath thereto, as in the case of other claims against the county. The compensation allowed shall be the fa…

The probate judges must keep constantly in their offices, free to public inspection, a book in which must be entered all fees received by virtue of their office, stating for what and from whom received. History: (Code 1852, §3067; Code 1867, §3538; Code 1876, §5021; Code 1886, §3…

Any officer authorized by law to take fees who knowingly receives any other or higher fees than are prescribed by law shall be liable to the party aggrieved for fourfold the fees so received, to be recovered in any court of competent jurisdiction. History: (Code 1852, §3059; Code…

(a) Any probate judge who knowingly receives any other or higher fees than are allowed by law shall forfeit $50.00, to be recovered in the name of the person aggrieved. Such sum, if recovered by a personal representative or guardian, shall be assets of the estate. This penalty sh…

The probate judge must take and approve security for costs in all suits within the jurisdiction of his court commenced by or for the use of a nonresident of this state. History: (Code 1886, §2863; Code 1896, §1352; Code 1907, §3692; Code 1923, §7254; Code 1940, T. 11, §64; Acts 1…

Prepaid Fees Assessed as Costs Against Defendant; Issuance of Execution Against Plaintiff for Unpaid Fees Where Execution Against Defendant Returned Indicating “No Property Found.” (a) Prepaid fees shall be assessed as additional costs of the proceedings when costs are assessed a…

Courts of Unified Judicial System. The Administrative Director of Courts shall prepare budget estimates relating to state expenditures for the trial courts of the Unified Judicial System. History: (Acts 1975, No. 1205, p. 2384, §16-102.)

Issuance of Execution Against Sheriff, Etc., Failing to Return, Levy, or Collect Execution Issued Against Plaintiff or Appellant for Costs. (a) The Clerk of the Supreme Court, clerks of the courts of appeals, clerks of the circuit courts and probate judges, upon return of an exec…

Docket Fee and Making of Final Assessment of Costs in Circuit Court Upon Appeals from District Courts to Circuit Courts. If an appeal to the circuit court is taken in a civil case, the clerk in making records available to the circuit court shall submit a cost bill from the distri…

Interest. If it shall be made to appear that usurious interest has been intentionally taken or reserved, the defendant shall recover full costs. History: (Code 1852, §2377; Code 1867, §2781; Code 1876, §3130; Code 1886, §2839; Code 1896, §1328; Code 1907, §3665; Code 1923, §7225;…

Nominal Plaintiff. When judgment is entered against the plaintiff in any action brought in the name of a nominal plaintiff for the use of another, judgment for costs must be entered against the beneficiary or his personal representative. History: (Code 1852, §2383; Code 1867, §27…

(a) If the taxation of costs by a probate court is excessive by charging the costs of witnesses who were not examined, by charging costs to an improper party or by taxing costs contrary to law, the party aggrieved may move the court for a retaxation, setting forth the particulars…

Judicial System. The salaries and expenses payable to personnel of the Unified Judicial System out of state funds shall be paid out of the State General Fund upon warrants drawn thereon. History: (Acts 1975, No. 1205, p. 2384, §16-104.)

Fees, Witness Fees, Etc. The Administrative Director of Courts shall, with the advice of the Department of Examiners of Public Accounts, establish special procedures for the prompt payment of juror fees, witness fees and any other expenses necessary to the operation of the unifie…

Taxation as Costs at Conclusion of Case; Findings; Notice. (a) There shall be a consolidated civil filing fee, known as a docket fee, collected from a plaintiff at the time a complaint is filed in circuit court or in district court. (b) The docket fee may be waived initially and …

(a) The filing fees that shall be collected in civil cases shall be: (1) Thirty-five dollars ($35) for cases filed on the small claims docket of the district court in which the matter in controversy, exclusive of interest, costs, and attorney fees, totals one thousand five hundre…

The filing fees collected in civil cases shall be distributed as follows: (1) For cases filed on the small claims docket of the district court in which the matter in controversy, exclusive of interest, costs, and attorney fees, totals one thousand five hundred dollars ($1,500) or…

(a) The following defendant service fees shall be collected in civil cases in circuit court and district court: For each defendant in excess of one, where personal service is required, there shall be collected a service fee of $10.00; provided, however, where service on any defen…

(a) In civil cases in circuit court and district court, for the issuance of witness subpoenas a fee of twelve dollars ($12) shall be collected for each subpoena. Subpoena fees shall be paid at the time the subpoena is requested unless the court has approved an affidavit of substa…

Fees. (a) In civil cases in circuit court and district court there shall be collected a fee for the initiation of each of the following postjudgment proceedings: Attachment, garnishment, and execution. The fee for such proceeding shall be paid at the time the proceeding is initia…

Vehicle. Repealed by Act 2006-414, p. 1027, §2, effective July 1, 2006. History: (Acts 1976, No. 564, p. 763; Act 2003-402, p. 1170, §1.)