Title 6 — Title 6

of Prior Statutes; Rules of Supreme Court Not Affected by Adoption of Code. (a) Statutes in effect immediately prior to the adoption of this Code relating to practice and procedure in any court of this state in which the practice and procedure is not governed by the Alabama Rules…

Any provisions of this title regulating procedure shall apply only if the procedure is not governed by the Alabama Rules of Civil Procedure, the Alabama Rules of Appellate Procedure, or any other rule of practice and procedure as may be adopted by the Supreme Court of Alabama. Hi…

(a) The Supreme Court shall adopt guidelines to promote the prompt, efficient, and cost-effective resolution of civil actions. The guidelines shall: (1) apply to civil actions in circuit courts in which the amount in controversy, inclusive of all claims for damages of any kind, w…

This chapter shall apply to and govern claims in all courts, and shall apply whether the claim upon which an action is commenced is based upon a debt or obligation of either legal or equitable nature. History: (Acts 1915, No. 487, p. 547; Code 1923, §8955; Code 1940, T. 7, §31.)

When any person is absent from the state during the period within which an action might have been commenced against him, the time of such absence must not be computed as a portion of the time necessary to create a bar under this chapter. History: (Code 1852, §2484; Code 1867, §29…

When there are mutual accounts between persons who are not merchants, time must be computed from the date of the last item unless the account is liquidated and a balance struck. History: (Code 1852, §2489; Code 1867, §2913; Code 1876, §3239; Code 1886, §2627; Code 1896, §2810; Co…

When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not computed as a part of the limitation time. History: (Code 1852, §2497; Code 1867, §2921; Code 1876, §3247; Code 1886, §2635; Co…

When the United States is at war with a foreign country and either party to a contract is a subject or citizen thereof, the time of the continuance of the war is not computed as part of the time limited for the commencement of an action. History: (Code 1852, §2500; Code 1867, §29…

Administration. The time between the death of a person and the grant of letters testamentary or of administration, not exceeding six months, is not to be taken as any part of the time limited for the commencement of actions by or against his executors or administrators. History: …

Except as may be otherwise provided by the Uniform Commercial Code, any agreement or stipulation, verbal or written, whereby the time for the commencement of any action is limited to a time less than that prescribed by law for the commencement of such action is void. History: (Co…

No act, promise, or acknowledgment is sufficient to remove the bar to an action created by the provisions of this chapter, nor is such evidence of a new and continuing contract, except a partial payment, made upon the contract by the party sought to be charged before the bar is c…

When the statute of limitations of another state or foreign country has created a bar to an action upon a contract made or act done in such state or country while the party sought to be charged thereby was a resident of such state or country, the bar thus created is effectual in …

(a) This chapter shall not affect Section 43-2-113 insofar as it relates to claims against the heir, legatee, or devisee. (b) The limitations provided in this chapter do not apply to such actions as concern the trade of merchandise between merchants and merchants, or their agents…

In actions seeking relief on the ground of fraud where the statute has created a bar, the claim must not be considered as having accrued until the discovery by the aggrieved party of the fact constituting the fraud, after which he must have two years within which to prosecute his…

from Exposure to Asbestos. (a) All civil actions must be commenced after the cause of action has accrued within the period prescribed in this article and not afterwards, unless otherwise specifically provided for in this code. (b) A civil action for any injury to the person or ri…

(a) There is no limitation of the time within which the state may commence actions for the recovery of any of the land mentioned in Section 6-6-281. (b) There is no limitation of the time within which a county or municipal corporation may commence an action for the recovery of it…

Within 20 years, actions upon a judgment or decree of any court of this state, of the United States, or of any state or territory of the United States must be commenced. History: (Code 1852, §2475; Code 1867, §2899; Code 1876, §3224; Code 1886, §2613; Code 1896, §2794; Code 1907,…

The following actions must be commenced within 10 years: (1) Actions founded upon any contract or writing under seal. (2) Actions for the recovery of lands, tenements or hereditaments, or the possession thereof, except as otherwise provided in this article. (3) Motions and other …

The following must be commenced within six years: (1) Actions for any trespass to person or liberty, such as false imprisonment or assault and battery; (2) Actions for any trespass to real or personal property; (3) Actions for the detention or conversion of personal property; (4)…

The following must be commenced within five years: (1) Where lands have been sold under a judgment of a court of competent jurisdiction, all actions founded on an equity of redemption existing in any person not a party to the proceedings who claims under the mortgagor or grantor …

Within four years, all actions or motions against any surety to any writ of error, appeal, replevy, or forthcoming bond executed in any case in any of the courts of the United States or of any other state or country except this state must be commenced. History: (Code 1852, §2479;…

The following must be commenced within three years: (1) Actions to recover money due by open or unliquidated account, the time to be computed from the date of the last item of the account or from the time when, by contract or usage, the account is due; and (2) Proceedings in any …

(a) An action by a representative to recover damages for wrongful act, omission, or negligence causing the death of the decedent under Sections 6-5-391 and 6-5-410 must be commenced within two years from the death. (b) All actions by common carriers of property subject to Chapter…

When a right of entry on lands accrues, the entry must be considered as having been made and the claim as having then accrued. History: (Code 1852, §2482; Code 1867, §2906; Code 1876, §3232; Code 1886, §2620; Code 1896, §2803; Code 1907, §4842; Code 1923, §8952; Code 1940, T. 7, …

No action shall be commenced to test the validity of any election held by any municipality of this state for the purpose of issuing bonds or levying taxes, nor to attack the issuance of bonds pursuant to such election, unless commenced within six months from the date of declaring…

of Decedent. (a) The real estate of persons dying testate or intestate shall, as against the rights of mortgagees or purchasers for value from the heirs or devisees, be forever discharged from the payment of all legal and equitable debts and obligations unless the persons, includ…

The right of entry is not tolled by a descent cast. History: (Code 1852, §2483; Code 1867, §2907; Code 1876, §3233; Code 1886, §2621; Code 1896, §2804; Code 1907, §4843; Code 1923, §8957; Code 1940, T. 7, §33.)

When an injury arises from the act or omission of a deputy or agent, the time for the limitation of an action by the principal against such deputy or agent does not commence to run until the liability of the principal for the act or omission of such deputy or agent is ascertained…

When a right exists but a demand is necessary to entitle the party to an action against any officer, agent, or attorney, the limitation commences from the commission or omission of the act giving the right of action and not from the date of the demand. History: (Code 1852, §2491;…

(a) If anyone entitled to commence any of the actions enumerated in this chapter, to make an entry on land or enter a defense founded on the title to real property is, at the time the right accrues, below the age of 19 years, or insane, he or she shall have three years, or the pe…

Where a claim against the estate of a decedent has been duly presented, the limitation for the commencement of an action thereon is suspended until the personal representative, heir, or devisee of such decedent shall, by notice in writing, dispute the validity of such claim in wh…

Any agreement or stipulation, verbal or written, whereby the venue prescribed in this article is proposed to be altered or changed so that actions may be commenced contrary to the provisions of this article, is void. History: (Code 1852, §2164; Code 1867, §2562; Code 1876, §2928;…

In all counties having two courthouses, the provisions of this chapter shall not affect any local laws relating to venue in force at the adoption of this Code. History: (Code 1923, §10475; Code 1940, T. 7, §64.)

The venue for all civil actions for damages for personal injury, death, or property damage filed against a county or against a municipality shall be in the county or in the county within which the municipality is located or in the county in which the act or omission complained of…

(a) In proceedings of a legal nature against individuals: (1) All actions for the recovery of land, of the possession thereof, or for a trespass thereto must be commenced in the county where the land or a material part thereof lies. (2) All actions on contracts, except as may be …

Either party to a civil action may move the court to change the venue at any time before final trial, making affidavit that for causes set forth, he cannot have a fair and impartial trial in the county where the action is pending. The court may direct a change to the nearest coun…

A defendant in a civil action may move for a transfer of venue as provided in the Alabama Rules of Civil Procedure.

or in Interest of Justice. (a) With respect to civil actions filed in an appropriate venue, any court of general jurisdiction shall, for the convenience of parties and witnesses, or in the interest of justice, transfer any civil action or any claim in any civil action to any cour…

Change or Transfer; Notice of Change or Transfer; Time for Answer. When a change or transfer of venue has been ordered pursuant to Section 6-3-20 or Section 6-3-21, the clerk of the court shall make a copy of the docket sheet in the action and shall certify under the seal of the …

Right-of-Way Contracts. In all actions for work and labor done or breaches of contracts or covenants as to easements or rights-of-way, the action may be commenced in the county in which the work was done or in which the land is situated as to which the easement or right-of-way wa…

Policies. All unincorporated organizations or associations of every kind that issue policies or certificates of insurance of any kind to their members shall be subject to a civil action in any county where they do business or issue such policies or certificates, and the summons m…

Repealed by Act 99-249, §2, effective July 24, 1999. History: (Acts 1955, No. 366, p. 886.)

Action against an unincorporated organization or association may be commenced in any county where such organization or association does business or has in existence a branch or local organization. History: (Acts 1921, Ex. Sess., No. 13, p. 14; Code 1923, §5726; Code 1940, T. 7, §…

(a) All civil actions against corporations may be brought in any of the following counties: (1) In the county in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of real property that is the subject of the action is situ…

(a) At the election of the Attorney General, all actions of summary proceedings by or for the use of the state founded on breach of the official bond of a state officer or a former state officer, of a tax collector or former tax collector, of a judge of probate or former judge of…

All actions where the prison system or the state on account of the prison system is interested must be commenced in Montgomery County in any court having jurisdiction of the amount involved, except actions to condemn property under Section 18-1A-271, which must be commenced in th…

All original and mesne process, notices, citations and motions or actions in the nature of scire facias shall be executed instanter and, unless otherwise provided by law, shall be returned immediately upon the execution thereof by the officer executing the same; and all execution…

When the summons, subpoena, or other process issues to the sheriff of the county in which the defendant or person against whom the subpoena or other process is directed resides, he may execute it in an adjoining county if such parties are there found, or he may pursue them and ex…

Service of process, unless otherwise provided by law, shall be made as provided in the Alabama Rules of Civil Procedure. History: (Code 1923, §9451; Code 1940, T. 7, §209; Acts 1977, No. 669, p. 1143.)

Persons. Should there be no other provision by law or rule for service upon nonresident minors or insane persons and proof is made before the clerk, register, or judge of the court in which the proceeding is pending, he may direct in writing the mode of service or may appoint in …