Title 6

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…

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 o…

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,…

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, §617…

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 aw…

(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 al…

(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 m…

This division may be cited as the Alabama Uniform Collaborative Law Act. (Act 2013-355, p. 1267, §1.)

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 …

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.)

(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 …

(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) resolut…

(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 …

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.)

A tribunal may approve an agreement resulting from a collaborative law process. (Act 2013-355, p. 1267, §8.)

(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 other…

(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 previousl…

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…

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 pa…

(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 co…

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.)

(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 reco…

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.)

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 o…

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, togeth…

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 a…

(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 memoran…

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…

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…

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.)

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 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 makin…

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, …

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 …

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 i…

(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, returna…

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 c…

(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 issuan…

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 1…

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 def…

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; …

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…

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…

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 execu…

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 o…

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 mal…