Title 12 — Title 12
0 chapters · 1,267 sections in this title.
Ala. Code § 12-20-1 Costs and Fees of Substitution
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The cost of any proceedings for substitution under any of the provisions of this chapter shall be paid by the party applying for such substitution if there is no defense; and, if a defense is interposed, the costs are to be paid by the unsuccessful party; but in no case shall any…
Ala. Code § 12-20-21 Copying of Orders, Etc., into Final Record Not Required
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The orders, judgments and decrees entered upon the minutes of a court are parts of the record of the cases to which they pertain and need not be copied into the final record. If so copied, no fee shall be charged therefor. History: (Code 1896, §2642; Code 1907, §5733; Code 1923, …
Ala. Code § 12-20-22 Original Pleadings, Etc., or Copies Thereof Final Record in Civil Actions
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The original pleadings, motions or other papers in civil actions, the original process issued thereon and all affidavits and bonds taken in a court may be used and, if so used, shall stand as the final record. If said original pleadings, motions or other papers, process, affidavi…
Ala. Code § 12-20-23 Preserving Judgment Records of Abolished Inferior Courts of Record
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The records of the judgments of any inferior court of record which heretofore ceased or hereafter ceases to exist is confided to the clerk of the circuit court of the county in which such court held its sessions. Such clerk shall preserve said records as a part of the records of …
Ala. Code § 12-20-24 Removal of Court Records or Papers
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No records or papers of any court shall be removed out of the county, except in cases of invasion or insurrection whereby the same may be endangered, unless by order of the court; provided, that any noncurrent records or papers may be deposited in the Department of Archives and H…
Ala. Code § 12-20-25 Taking File in Pending Action from Office of Clerk, Etc
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The file pertaining to a pending action shall not be taken from the office of the clerk, register or probate judge except by an attorney of record of a party to the action upon a receipt in writing signed by such attorney, stating the number and title of the case and the papers c…
Ala. Code § 12-20-26 Substitution of Lost, Etc., Papers or Records in Civil Cases - Inherent
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Power of Courts. All courts have the inherent power, if original papers or records pertaining to matters of civil jurisdiction or to civil actions which are pending or which have been determined are lost, mislaid, destroyed or mutilated, to cause a substitution thereof, and the s…
Ala. Code § 12-20-27 Substitution of Lost, Etc., Papers or Records in Civil Cases - How Made
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- Generally. When original papers in civil actions have been lost, mislaid, destroyed or mutilated, a court may cause a substitution thereof to be made by directing the attorneys representing the parties therein to file a copy thereof with the clerk or register of the court. Hist…
Ala. Code § 12-20-28 Substitution of Lost, Etc., Papers or Records in Civil Cases - How Made
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- in Pending Action or Proceeding. If the action or proceeding in which the substitution of a lost, mislaid, destroyed or mutilated original paper is proposed is pending and undetermined, the substitution must be made on notice of not less than one day to the adverse party or his…
Ala. Code § 12-20-29 Substitution of Lost, Etc., Papers or Records in Civil Cases - How Made
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- After Determination of Action or Proceeding. If, after the determination of any civil action or proceeding, the original papers, or any part thereof pertaining thereto, which are not of record are lost, mislaid, destroyed or mutilated, if the record of such papers with such pap…
Ala. Code § 12-20-30 Substitution of Lost, Etc., Papers or Records in Civil Cases - How Made
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- Where Deed, Contract, Conveyance or Other Instrument Involved. If the record of a deed, contract, conveyance or other instrument, the record of which is by law required or authorized, is lost, mislaid, destroyed or mutilated, the original of such deed, contract, conveyance or i…
Ala. Code § 12-20-31 Substitution of Lost, Etc., Papers or Records in Civil Cases - Appeal
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from Court Order or Decree Granting or Denying. From any order of a circuit or district court or probate court granting or refusing substitution under this article, an appeal lies to the appropriate appellate court as from final judgments or decrees in civil cases. From an order …
Ala. Code § 12-20-32 Substitution of Appellate Court Records
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If the records of an appellate court, or any part thereof, are lost, mislaid, destroyed or mutilated, the same may be substituted under such rules and regulations as the court may prescribe. History: (Code 1886, §660; Code 1896, §2653; Code 1907, §5745; Code 1923, §10138; Code 19…
Ala. Code § 12-20-50 Establishment or Restoration of Lost, Etc., Records of State, County, or
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Municipality. The circuit courts of this state shall have jurisdiction of an action by the state, a county or municipality or any citizen who will give security for the costs of the proceeding to establish or restore any lost, mislaid, destroyed or mutilated records of the state,…