Title 12 — Title 12

Judges, and Supreme Court Justices. (a) All supreme court justices, judges of the appellate courts, circuit court judges, and district court judges must be licensed attorneys. (b)(1) All supreme court justices, judges of the appellate courts, circuit court judges, and district co…

Elected Officials, State Officers, and State Employees. (a) Beginning on October 1, 2021, and notwithstanding any other provision of law, any compensation, salary supplement, or expense allowance under existing law paid by the state, or any political subdivision of the state, to …

Section 12-10B-1 ratifies any pay scales for judges or justices approved prior to October 1, 2021, by the current chief justice of the supreme court or any prior chief justice of the supreme court. History: (Act 2021-441, §5.)

(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 …

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…

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…

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 …

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.)

(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 …

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…

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…

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, …

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…

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 …

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…

(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…

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 …

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 …

(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…

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…

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…

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.…

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…

As used in this chapter, private judge means a person who is qualified to act as a judge of a case. History: (Act 2012-266, p. 514, §1.)

(a) Persons who may act as private judges shall: (1) Have been, but are not actively serving as, a judge of a district, circuit, or probate court and have served in the capacity of judge for at least six consecutive years. (2) Be admitted to the practice of law in Alabama. (3) Be…

(a) A former judge qualified under this chapter who wishes to serve as a private judge must register with the Director of the Alabama Center for Alternative Dispute Resolution. The director shall verify that the former judge is qualified to serve as a private judge and shall comp…

(a) A trial conducted by a private judge shall be conducted without a jury. (b) A person who serves as a private judge has, for each case the private judge hears, the same powers as the judge of a circuit court in relation to the following: (1) Court procedure. (2) Deciding the o…

A filing fee of one hundred dollars ($100) shall be required with every petition to appoint a private judge. This one hundred dollar ($100) fee shall be distributed in equal parts to the Administrative Office of Courts and to the office of the clerk of the county in which the cas…

(a) The clerk of the circuit court of the county in which the case is filed shall provide the same case management services as with any other case filed in the circuit clerk’s office. The private judge hearing a case under this chapter shall have access to all pleadings, docket e…

(a) A case heard by a private judge may be heard: (1) At any time. (2) At any place in Alabama. (b) A private judge under this chapter shall provide to the clerk of the court in which the case was filed the dates, times, and places of any proceeding that could result in a judgmen…

Notwithstanding the Rules of Civil Procedure, a private judge may receive compensation for hearing a case in an amount and subject to the terms and conditions agreed to by the private judge and the parties to the case. A contract for the services of a private judge must provide f…

Courts; Abolition of Courts Not Authorized by Constitution. (a) The district court of Alabama, a trial court of limited jurisdiction, is created and established, effective January 16, 1977, and shall be subdivided according to districts and styled the district court of the county…

The presiding judge of each circuit shall have general supervision of the administrative operation of the district courts within the circuit, subject to rules of the Supreme Court and the administrative authority of the Chief Justice. History: (Acts 1975, No. 1205, p. 2384, §4-11…

The Alabama Rules of Civil Procedure shall be applicable to all civil actions brought in the district court, except as they are inconsistent with this chapter and except as the Supreme Court may otherwise provide by rule. History: (Acts 1975, No. 1205, p. 2384, §4-108.)

Records of Proceedings Generally; Employment of Reporters or Provision for Transcripts of Proceedings by Parties. (a) The district court shall be a court of record. (b) Records of proceedings shall be made, maintained and preserved according to rules promulgated by the supreme co…

All cases in the district court shall be tried by the judge, who shall determine all issues of law and fact without a jury. History: (Acts 1975, No. 1205, p. 2384, §4-109.)

The original civil jurisdiction of the district court of Alabama shall be uniform throughout the state, concurrent with the circuit court, except as otherwise provided, and shall include all civil actions in which the matter in controversy does not exceed twenty thousand dollars …

Prosecution of Assigned Claims; License Required. (a) The district court shall exercise exclusive jurisdiction over all civil actions in which the matter in controversy, exclusive of interest and costs, does not exceed six thousand dollars ($6,000). These actions shall be placed …

(a) Misdemeanors. The district court shall have exclusive original trial jurisdiction over prosecutions of all offenses defined by law or ordinance as misdemeanors, except: (1) Prosecutions by municipalities having municipal courts; (2) Any such prosecution which also involves a …

The district court may exercise jurisdiction over proceedings relating to demands for extradition made by another jurisdiction pursuant to the laws of Alabama governing extradition. History: (Acts 1975, No. 1205, p. 2384, §4-106.)

Juvenile jurisdiction shall be exercised concurrently by the district court and the circuit court as provided by law. History: (Acts 1975, No. 1205, p. 2384, §4-104.)

Maintenance of Records of Adoption Proceedings. THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024. (a) Adoption proceedings, primarily cognizable before the probate court, may be transferred to the district court on motion of a party to the proceeding in probate cou…

of Additional Locations for Court Sites. (a) Venue in the district court lies in the county where venue would lie for civil or criminal actions brought in the circuit court, except that: (1) In counties where venue has lain within an area of lesser geographic extent than the coun…

Jurisdiction. Any civil action brought in district court of which the circuit court has concurrent jurisdiction may be removed by a defendant or defendants to the circuit court of the county in which the action is pending. A defendant or defendants desiring to remove a case under…

In disposing of cases within its criminal jurisdiction, the district court may impose and suspend sentences, place criminal defendants on probation, remit fines and court costs and release defendants on personal recognizance in accordance with standards prescribed by law or rule;…

The district court may, on conviction of a defendant, upon a showing of inability to make immediate payment of fine and costs, continue the case from time to time to permit the fine and costs to be paid. History: (Acts 1975, No. 1205, p. 2384, §4-106.)

As used in this article, the following terms have the following meanings: (1) BOATING VIOLATION. As defined in Section 33-5-3. (2) TRAFFIC INFRACTION. Any violation of a statute, ordinance, or rule relating to the operation or use of motor or other vehicles or the use of streets …

Infractions and Boating Infractions.. The district court shall have exclusive original jurisdiction of misdemeanor prosecutions for traffic infractions and all boating violations, except ordinance infractions prosecuted in municipal courts. History: (Acts 1975, No. 1205, p. 2384,…

Infractions or Boating Violations. Pursuant to Section 12-17-251, magistrates may receive pleas of guilty in traffic infraction and boating violation prosecutions, but may not receive pleas in matters involving any of the following: (1) Violations resulting in personal injury. (2…

(a) Every law enforcement agency in the state shall use traffic citations of the form known as the uniform traffic ticket and complaint, which shall be substantially uniform throughout the state and which shall be issued, except for an electronic traffic ticket or e-ticket, as de…