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https://law.justia.com/codes/alabama/title-6/chapter-3/article-1/section-6-3-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 3 - Venue.›Article 1 - General Provisions.›Section 6-3-9 - Venue of Actions - Where Prison System Involved.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 3 - Venue. › Article 1 - General Provisions. › Section 6-3-9 - Venue of Actions - Where Prison System Involved.
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Section 6-3-9
Venue of actions - Where prison system involved.
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 the county where the property sought to be condemned is located. And if, on the trial of any case in any county, it is suggested by the Board of Corrections or is otherwise shown that the state is interested on account of the prison system, such case must be transferred to the proper court of Montgomery County. All actions commenced under this section must be commenced in the name of the state.
(Code 1886, §4650; Code 1896, §4518; Code 1907, §6570; Code 1923, §10473; Code 1940, T. 7, §62.)
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https://law.justia.com/codes/alabama/title-6/chapter-3/article-1/section-6-3-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 3 - Venue.›Article 1 - General Provisions.›Section 6-3-10 - Local Laws in Counties Having Two Courthouses Unaffected.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 3 - Venue. › Article 1 - General Provisions. › Section 6-3-10 - Local Laws in Counties Having Two Courthouses Unaffected.
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Section 6-3-10
Local laws in counties having two courthouses unaffected.
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.
(Code 1923, §10475; Code 1940, T. 7, §64.)
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https://law.justia.com/codes/alabama/title-6/chapter-3/article-1/section-6-3-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 3 - Venue.›Article 1 - General Provisions.›Section 6-3-11 - Venue of Actions - Against Counties or Municipalities.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 3 - Venue. › Article 1 - General Provisions. › Section 6-3-11 - Venue of Actions - Against Counties or Municipalities.
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Section 6-3-11
Venue of actions - Against counties or municipalities.
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 occurred.
(Acts 1987, No. 87-391, p. 560.)
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https://law.justia.com/codes/alabama/title-6/chapter-3/article-2/section-6-3-20/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 3 - Venue.›Article 2 - Change and Transfer.›Section 6-3-20 - One Change for Cause Permitted on Motion of a Party.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 3 - Venue. › Article 2 - Change and Transfer. › Section 6-3-20 - One Change for Cause Permitted on Motion of a Party.
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Section 6-3-20
One change for cause permitted on motion of a party.
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 county free from proper objection by either party, to be determined by affidavits and, whenever it will best secure the ends of justice, it may require the applicant to give bond and security for costs. The same party can have the venue changed but once.
(Code 1852, §2359; Code 1867, r§2761; Code 1876, §3114; Code 1886, §2645; Code 1896, §4210; Code 1907, §6116; Code 1923, §10476; Code 1940, T. 7, §65.)
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https://law.justia.com/codes/alabama/title-6/chapter-3/article-2/section-6-3-21/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 3 - Venue.›Article 2 - Change and Transfer.›Section 6-3-21 - Transfer of Venue.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 3 - Venue. › Article 2 - Change and Transfer. › Section 6-3-21 - Transfer of Venue.
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Section 6-3-21
Transfer of venue.
A defendant in a civil action may move for a transfer of venue as provided in the Alabama Rules of Civil Procedure.
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https://law.justia.com/codes/alabama/title-6/chapter-3/article-2/section-6-3-21-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 3 - Venue.›Article 2 - Change and Transfer.›Section 6-3-21.1 - Change or Transfer of Venue for Convenience of Parties and Witnesses or in Intere...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 3 - Venue. › Article 2 - Change and Transfer. › Section 6-3-21.1 - Change or Transfer of Venue for Convenience of Parties and Witnesses or in Interest of Justice.
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Section 6-3-21.1
Change or transfer of venue for convenience of parties and witnesses 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 court of general jurisdiction in which the action might have been properly filed and the case shall proceed as though originally filed therein. Provided, however, this section shall not apply to cases subject to Section 30-3-5.
(b) The right of a party to move for a change or transfer of venue pursuant to this statute is cumulative and in addition to the rights of a party to move for a change or transfer of venue pursuant to Section 6-3-20, Section 6-3-21, or Alabama Rules of Civil Procedure.
(Acts 1987, No. 87-181, p. 242, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-3/article-2/section-6-3-22/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 3 - Venue.›Article 2 - Change and Transfer.›Section 6-3-22 - Certification and Delivery of Docket Sheet and Other Papers Upon Change or Transfer...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 3 - Venue. › Article 2 - Change and Transfer. › Section 6-3-22 - Certification and Delivery of Docket Sheet and Other Papers Upon Change or Transfer; Notice of Change or Transfer; Time for Answer.
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Section 6-3-22
Certification and delivery of docket sheet and other papers upon 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 court that the same is a true copy. The clerk shall envelope and securely seal the copy of the docket sheet, together with the orders, pleadings, motions, or other papers in the action, shall write his name across the seal and shall certify on the back of the envelope that the enclosed papers, numbered from 1 - __, include all the orders, pleadings, motions, or other papers in the action, naming it; and such signatures and certificates must be received as true until the contrary is shown. The clerk may deliver this package in person or send it by registered or certified mail, return receipt requested, to the clerk of the court to which such action has been changed or transferred, and, if not mutilated or defaced, it must be presumed to be as it came from the hands of the clerk of the court from which the action is changed or transferred. The clerk of the court to which such action has been changed or transferred shall cause notice of such change or transfer to be served on all parties of record as provided in the Alabama Rules of Civil Procedure. The time for answer by any defending party shall be governed by and shall be computed in accordance with the Alabama Rules of Civil Procedure; except, that said time period shall commence to run from the service of notice of change or transfer.
(Code 1852, §2363; Code 1867, §2766; Code 1876, §3116; Code 1886, §2647; Code 1896, §4212; Code 1907, §6118; Code 1923, §10478; Code 1940, T. 7, §§64(2), 68; Acts 1961, Ex. Sess., No. 76, p. 1953, §2; Acts 1967, No. 593, p. 1379.)
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https://law.justia.com/codes/alabama/title-6/chapter-4/article-1/section-6-4-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 4 - Process.›Article 1 - General Provisions.›Section 6-4-1 - Time for Execution and Return.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 4 - Process. › Article 1 - General Provisions. › Section 6-4-1 - Time for Execution and Return.
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Section 6-4-1
Time for execution and return.
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 executions and venditioni exponas issuing from a court shall be made returnable 90 days after the issue thereof.
(Code 1923, §9444; Code 1940, T. 7, §344.)
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https://law.justia.com/codes/alabama/title-6/chapter-4/article-1/section-6-4-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 4 - Process.›Article 1 - General Provisions.›Section 6-4-2 - Execution - Adjoining County or Any Part of State.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 4 - Process. › Article 1 - General Provisions. › Section 6-4-2 - Execution - Adjoining County or Any Part of State.
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Section 6-4-2
Execution - Adjoining county or any part of state.
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 execute it in any part of the state.
(Code 1852, §2173; Code 1867, §2572; Code 1876, §2936; Code 1886, §2658; Code 1896, §3279; Code 1907, §5315; Code 1923, §9440; Code 1940, T. 7, §342.)
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https://law.justia.com/codes/alabama/title-6/chapter-4/article-1/section-6-4-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 4 - Process.›Article 1 - General Provisions.›Section 6-4-3 - Execution - Coroner or Special Coroner.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 4 - Process. › Article 1 - General Provisions. › Section 6-4-3 - Execution - Coroner or Special Coroner.
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Section 6-4-3
Execution - Coroner or special coroner.
(a) When the office of sheriff is vacant and until his successor is qualified, when the sheriff is imprisoned or in cases in which the sheriff is a party, is interested or otherwise is incompetent to act, the summons must be directed to and executed by the coroner if such interest or cause appears on the face of the proceedings; and if such interest or cause does not appear on the face of the proceedings, the coroner must execute the summons, though directed to the sheriff, if the judge of probate, on proper showing by affidavit, directs the execution thereof by the coroner.
(b) When, in such cases, the coroner has not qualified or the office is vacant or when the coroner is absent from the county having no deputy therein, when the coroner is imprisoned or when he is a party to or interested in the action, the summons must be directed to and executed by a special coroner, to be appointed by the judge of probate.
(Code 1852, §2171; Code 1867, §2570; Code 1876, §2938; Code 1886, §2660; Code 1896, §3281; Code 1907, §5317; Code 1923, §9442; Code 1940, T. 7, §343.)
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https://law.justia.com/codes/alabama/title-6/chapter-4/article-1/section-6-4-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 4 - Process.›Article 1 - General Provisions.›Section 6-4-4 - Commencement of Action on Sunday.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 4 - Process. › Article 1 - General Provisions. › Section 6-4-4 - Commencement of Action on Sunday.
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Section 6-4-4
Commencement of action on Sunday.
Whenever the plaintiff shall make an affidavit that he is informed and believes that the defendant is about to abscond or to remove out of the state, or is about to secrete himself so that service cannot be had upon him on the following day, he shall be allowed to file his complaint in any of the courts of this state on Sunday. Upon the filing thereof, a summons shall immediately issue and be served by the sheriff upon the defendant on the same day of its issuance, and if he cannot be found on that day, then it shall be served as any other summons and complaint.
(Code 1907, §5298; Code 1923, §9416; Code 1940, T. 7, §346.)
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https://law.justia.com/codes/alabama/title-6/chapter-4/article-2/section-6-4-20/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 4 - Process.›Article 2 - Service.›Section 6-4-20 - Method Generally.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 4 - Process. › Article 2 - Service. › Section 6-4-20 - Method Generally.
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Section 6-4-20
Method generally.
Service of process, unless otherwise provided by law, shall be made as provided in the Alabama Rules of Civil Procedure.
(Code 1923, §9451; Code 1940, T. 7, §209; Acts 1977, No. 669, p. 1143.)
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https://law.justia.com/codes/alabama/title-6/chapter-4/article-2/section-6-4-21/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 4 - Process.›Article 2 - Service.›Section 6-4-21 - Where No Other Provision for Service of Nonresident Minors or Insane Persons.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 4 - Process. › Article 2 - Service. › Section 6-4-21 - Where No Other Provision for Service of Nonresident Minors or Insane Persons.
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Section 6-4-21
Where no other provision for service of nonresident minors or insane 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 writing a guardian ad litem for such person without service.
(Code 1923, §9449; Code 1940, T. 7, §339.)
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https://law.justia.com/codes/alabama/title-6/chapter-4/article-2/section-6-4-22/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 4 - Process.›Article 2 - Service.›Section 6-4-22 - Deposit of Money for Postage and Registration.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 4 - Process. › Article 2 - Service. › Section 6-4-22 - Deposit of Money for Postage and Registration.
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Section 6-4-22
Deposit of money for postage and registration.
In all cases where service is to be made by publication or registered or certified mail, a sufficient sum of money must be deposited in advance with the clerk or judge to cover the expenses of such publication or the postage and registration fee, as the case may be.
(Code 1923, §9454; Code 1940, T. 7, §211.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-1/section-6-5-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 1 - Actions by the State.›Section 6-5-1 - Right to Commence Actions - Generally.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 1 - Actions by the State. › Section 6-5-1 - Right to Commence Actions - Generally.
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Section 6-5-1
Right to commence actions - Generally.
(a) The state may commence an action in its own name and is entitled to all remedies provided for the enforcement of rights between individuals without giving bond or security or causing an affidavit to be made, though the same may be required as if the action were between private citizens.
(b) The district attorney of the circuit in which an action by the state is pending must attend to the same on the part of the state, and the Governor of the state may employ assistant counsel if he deems it necessary. The written direction of the Governor to the attorney of record is sufficient authority for commencing such an action, and the trial judge may determine the amount of compensation. If unsuccessful, the state is liable for costs as individual parties are.
(c) Actions commenced by the state are to be governed by the same rules as in actions between individuals.
(Code 1852, §2137; Code 1867, §§2533, 3323; Code 1876, §§2902, 3755; Code 1886, §§2573, 3416; Code 1896, §§12, 671; Code 1907, §§2440, 3087; Code 1923, §§5644, 6518; Code 1940, T. 7, §§72, 292.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-1/section-6-5-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 1 - Actions by the State.›Section 6-5-2 - Right to Commence Actions - in Foreign Jurisdictions.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 1 - Actions by the State. › Section 6-5-2 - Right to Commence Actions - in Foreign Jurisdictions.
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Section 6-5-2
Right to commence actions - In foreign jurisdictions.
The Governor may, whenever the interests of the state may require, order and direct actions to be commenced in the name of the state in any foreign jurisdiction for the recovery of any moneys due or owing to the state or upon any claim or demand on which the state is entitled to commence an action; and, for the prosecution of such actions, he may employ counsel and may, for such sum as is necessary to pay the costs or expenses thereof, order the Comptroller to draw a warrant on the Treasury.
(Code 1886, §79; Code 1896, §3762; Code 1907, §2450; Code 1923, §5654; Code 1940, T. 7, §80.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-1/section-6-5-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 1 - Actions by the State.›Section 6-5-3 - Right to Commence Actions - by Successor of Public Officer.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 1 - Actions by the State. › Section 6-5-3 - Right to Commence Actions - by Successor of Public Officer.
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Section 6-5-3
Right to commence actions - By successor of public officer.
When any public officer shall die or in any way go out of office, all actions which shall or would have accrued to him in his official capacity may be commenced by his successor.
(Code 1923, §5656; Code 1940, T. 7, §82.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-1/section-6-5-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 1 - Actions by the State.›Section 6-5-4 - Recovery of Public Moneys, Funds or Property.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 1 - Actions by the State. › Section 6-5-4 - Recovery of Public Moneys, Funds or Property.
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Section 6-5-4
Recovery of public moneys, funds or property.
(a) The Governor may cause actions to be commenced for the recovery of any public moneys, funds, or property of the state or of any county which have been lost by the neglect or default of any public officer, which have been wrongfully expended or disbursed by such officer, which have been wrongfully used by such officer, or which have been wrongfully received from him.
(b) In the event any public officer or agent of the state or any depositary or custodian of public funds or moneys has wrongfully used such funds or moneys, actions for the recovery thereof may be commenced before any court having jurisdiction of the subject matter; and it shall not be ground of objection to such an action that either, any, or all of the parties defendant do not reside within the county or within the district in which such action is commenced.
(c) Such action may be commenced in any court of competent jurisdiction; and such officer or agent, such depositary or custodian and the sureties on his official bond, or any one or more of them, may be joined as parties defendant; and any person who has wrongfully received such moneys or funds from such officer, agent, depositary, or custodian may also be joined as a party defendant.
(d) In aid of such an action and on application of the Governor, the Attorney General, district attorney, or attorney employed in the prosecution of such action showing just and legal cause, the court having jurisdiction shall direct the issue of writs of attachment, garnishment, seizure, ne exeat, or of any other proper writ or process which may be deemed necessary for the security of the state or to make effective the judgment in such action if it should be entered in favor of the state; and bond and security shall not be required of the state upon or for the issue of any such writ or process.
(e) Such writs may be levied on any and all property, real or personal, rights, or credits in which the party against whom the same may issue has any estate or any interest, legal or equitable, subject to the payment of the debt or demand preferred in such action and upon any and all property, real or personal, rights or credits which may have been conveyed, assigned, or transferred in fraud of creditors. The levy of such writ creates a lien from the day it is made. All property levied on may be replevied in the mode provided by law for the replevy of property on which an attachment is levied; and, if the property, or any part thereof, is not forthcoming to answer the judgment of the court, the replevin bond shall have the force and effect of a judgment for such sum as the court may order on motion, after notice to the obligors, any one or more of them, or their personal representatives if any one or more of them should be dead.
(f) The court shall have full power to make any and all such orders in reference to any other action which may be pending on the same claim or demand against any one or more of the defendants as justice may require, and the court may enter a final judgment against all of the defendants jointly or against them severally as the ends of justice may seem to require; and, for the making of all necessary orders or judgments in such an action, the court shall be deemed open at all times.
(g) If in the progress of such an action any matter of fact arises or any issue is presented which is properly triable by jury at any time within 10 days after such matter of fact or issue is shown by the pleadings, a trial by jury may be claimed by filing a written demand therefor. Such demand being filed, the court must order a jury to be summoned and impaneled at such time as it may appoint for the trial and determination of such matter of fact or issue, which trial shall in all respects be conducted as trials by jury are conducted in other civil cases. The verdict of the jury shall have the force and effect of other verdicts; and, for good cause, the court may set the verdict aside and order a new trial. If within the 10-day period a trial by jury is not claimed, the right thereto is waived; but the court may, in its discretion, order and direct such trial notwithstanding such waiver.
(Code 1886, §§72-78; Code 1896, §§3755-3761; Code 1907, §§2443-2449; Code 1923, §§5647-5653; Code 1940, T. 7, §§73-79.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-2/section-6-5-20/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 2 - Actions Against Counties.›Section 6-5-20 - Presentment of Claim to County Commission.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 2 - Actions Against Counties. › Section 6-5-20 - Presentment of Claim to County Commission.
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Section 6-5-20
Presentment of claim to county commission.
(a) An action must not be commenced against a county until the claim has been presented to the county commission, disallowed or reduced by the commission and the reduction refused by the claimant.
(b) The failure or refusal of such a county commission to enter upon its minutes the disallowance or reduction of the claim for 90 days is a disallowance.
(c) Proof of the fact of presentation of such claim to such county commission may be made by parol evidence.
(Code 1852, §2141; Code 1867, §2537; Code 1876, §2903; Code 1886, §2574; Code 1896, §13; Code 1907, §2472; Code 1923, §5680; Code 1940, T. 7, §96.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-3/section-6-5-30/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 3 - Actions on Official Bonds.›Section 6-5-30 - Right of Aggrieved Person to Commence Action.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 3 - Actions on Official Bonds. › Section 6-5-30 - Right of Aggrieved Person to Commence Action.
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Section 6-5-30
Right of aggrieved person to commence action.
For any breach of an official bond or undertaking of any officer of this state, executor, administrator, or guardian or of any bond or undertaking given in an official capacity to the state or any officer thereof, the person aggrieved may commence an action in his own name, assigning the appropriate breach.
(Code 1852, §2154; Code 1867, §2552; Code 1876, §2917; Code 1886, §2575; Code 1896, §14; Code 1907, §2473; Code 1923, §5682; Code 1940, T. 7, §98.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-3/section-6-5-31/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 3 - Actions on Official Bonds.›Section 6-5-31 - Assignment of Breaches on Penal Bonds or Other Writings.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 3 - Actions on Official Bonds. › Section 6-5-31 - Assignment of Breaches on Penal Bonds or Other Writings.
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Section 6-5-31
Assignment of breaches on penal bonds or other writings.
In actions upon penal bonds or other writings for the nonperformance of any covenant or agreement contained therein, the plaintiff may assign such breaches as he may deem proper, and verdict and judgment may be entered for the plaintiff for such of the breaches as he may prove. Default judgments may be entered in accordance with and as appropriate under the Alabama Rules of Civil Procedure, but in no case shall the judgment exceed the principal and interest due on the instrument.
(Code 1852, §§2231, 2367; Code 1867, §§2633, 2771; Code 1876, §§2982, 3033; Code 1886, §2668; Code 1896, §3289; Code 1907, §5325; Code 1923, §9462; Code 1940, T. 7, §215.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-4/section-6-5-50/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 4 - Actions for Statutory Penalties.›Section 6-5-50 - Who May Commence.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 4 - Actions for Statutory Penalties. › Section 6-5-50 - Who May Commence.
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Section 6-5-50
Who may commence.
When a penalty is imposed by a statute which does not provide a mode for the recovery, any citizen may commence an action for the same on behalf of himself and the county in which the penalty is incurred.
(Code 1852, §2155; Code 1867, §2533; Code 1876, §2918; Code 1886, §2576; Code 1896, §15; Code 1907, §2474; Code 1923, §5683; Code 1940, T. 7, §99.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-5/section-6-5-60/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 5 - Trusts, Combines, or Monopolies.›Section 6-5-60 - By Whom and Against Whom Action May Be Commenced; Venue.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 5 - Trusts, Combines, or Monopolies. › Section 6-5-60 - By Whom and Against Whom Action May Be Commenced; Venue.
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Section 6-5-60
By whom and against whom action may be commenced; venue.
(a) Any person, firm, or corporation injured or damaged by an unlawful trust, combine, or monopoly, or its effect, direct or indirect, may, in each instance of such injury or damage, recover the sum of $500 and all actual damages from any person, firm, or corporation creating, operating, aiding, or abetting such trust, combine, or monopoly and may commence the action therefor against any one or more of the parties to the trust, combine, or monopoly, or their attorneys, officers, or agents, who aid or abet such trust, combine, or monopoly. All such actions may be prosecuted to final judgment against any one or more of the defendants thereto, notwithstanding there may be a dismissal, acquittal, verdict, or judgment in favor of one or more of the defendants.
(b) Actions under this section may be commenced in any county where the trust, combine, or monopoly was formed or where it exists or is carried on, promoted, operated, practiced, employed, used, or enjoyed, or in any county in which either of the defendants may have a domicile or where an officer or agent of any defendant corporation may be found.
(Code 1907, §§2487, 2488; Code 1923, §§5697, 5698; Code 1940, T. 7, §§124, 125.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 6 - Illegal Liquor and Drug Sales; Penalties.›Section 6-5-70 - Furnishing Liquor to Minors.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 6 - Illegal Liquor and Drug Sales; Penalties. › Section 6-5-70 - Furnishing Liquor to Minors.
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Section 6-5-70
Furnishing liquor to minors.
Either parent of a minor, guardian, or a person standing in loco parentis to the minor having neither father nor mother shall have a right of action against any person who unlawfully sells or furnishes spirituous liquors to such minor and may recover such damages as the jury may assess, provided the person selling or furnishing liquor to the minor had knowledge of or was chargeable with notice or knowledge of such minority. Only one action may be commenced for each offense under this section.
(Code 1907, §2467; Code 1923, §5673; Code 1940, T. 7, §120.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-6/section-6-5-71/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 6 - Illegal Liquor and Drug Sales; Penalties.›Section 6-5-71 - Right of Action of Wife, Child, Parent, or Other Person for Injury in Consequence o...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 6 - Illegal Liquor and Drug Sales; Penalties. › Section 6-5-71 - Right of Action of Wife, Child, Parent, or Other Person for Injury in Consequence of Illegal Sale or Disposition of Liquor or Beverages.
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Section 6-5-71
Right of action of wife, child, parent, or other person for injury in consequence of illegal sale or disposition of liquor or beverages.
(a) Every wife, child, parent, or other person who shall be injured in person, property, or means of support by any intoxicated person or in consequence of the intoxication of any person shall have a right of action against any person who shall, by selling, giving, or otherwise disposing of to another, contrary to the provisions of law, any liquors or beverages, cause the intoxication of such person for all damages actually sustained, as well as exemplary damages.
(b) Upon the death of any party, the action or right of action will survive to or against his executor or administrator.
(c) The party injured, or his legal representative, may commence a joint or separate action against the person intoxicated or the person who furnished the liquor, and all such claims shall be by civil action in any court having jurisdiction thereof.
(Acts 1909, No. 191, p. 63; Code 1923, §§5674, 5675; Code 1940, T. 7, §§121, 122.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 6 - Illegal Liquor and Drug Sales; Penalties.›Section 6-5-72 - Liability of Person for Injury to Third Party in Consequence of Selling or Furnishi...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 6 - Illegal Liquor and Drug Sales; Penalties. › Section 6-5-72 - Liability of Person for Injury to Third Party in Consequence of Selling or Furnishing Controlled Substance to Minor.
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Section 6-5-72
Liability of person for injury to third party in consequence of selling or furnishing controlled substance to minor.
(a) A person who unlawfully sells, furnishes, or gives a controlled substance as defined in Section 20-2-2 to a minor may be liable for injury or damage or both suffered by a third person caused by or resulting from the use of the controlled substance by the minor, if the sale, furnishing, or giving of the controlled substance is the proximate cause of the injury or damage.
(b) A third person who is injured or damaged or both, under subsection (a) shall have a cause of action against the person selling, furnishing, or giving the controlled substance to the minor.
(c) Conviction under any criminal law relating to the unlawful sale, furnishing, or giving of a controlled substance shall conclusively establish an unlawful sale, furnishing, or giving of a controlled substance under this section.
(d) Upon the death of a party, the cause of action or right to the cause of action shall survive to the estate of the party.
(Acts 1994, 1st Ex. Sess., No. 94-783, p. 72, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 7 - Actions Against Estate for Trespass, Waste, Etc.›Section 6-5-90 - Right of Action Against Executor or Administrator.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 7 - Actions Against Estate for Trespass, Waste, Etc. › Section 6-5-90 - Right of Action Against Executor or Administrator.
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Section 6-5-90
Right of action against executor or administrator.
Any person or his personal representatives may commence an action against the executor or administrator of any testator or intestate who in his lifetime has wasted, destroyed, taken, carried away, or converted to his own use the goods or chattels of any such person or committed any trespass on the real estate of such person.
(Code 1923, §5710; Code 1940, T. 7, §137.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 8 - Fraud, Misrepresentation, and Deceit.›Section 6-5-100 - Fraud - Right of Action Generally.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 8 - Fraud, Misrepresentation, and Deceit. › Section 6-5-100 - Fraud - Right of Action Generally.
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Section 6-5-100
Fraud - Right of action generally.
Fraud by one, accompanied with damage to the party defrauded, in all cases gives a right of action.
(Code 1907, §2468; Code 1923, §5676; Code 1940, T. 7, §107.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 8 - Fraud, Misrepresentation, and Deceit.›Section 6-5-101 - Fraud - Misrepresentations of Material Facts.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 8 - Fraud, Misrepresentation, and Deceit. › Section 6-5-101 - Fraud - Misrepresentations of Material Facts.
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Section 6-5-101
Fraud - Misrepresentations of material facts.
Misrepresentations of a material fact made willfully to deceive, or recklessly without knowledge, and acted on by the opposite party, or if made by mistake and innocently and acted on by the opposite party, constitute legal fraud.
(Code 1907, §4298; Code 1923, §8049; Code 1940, T. 7, §108.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 8 - Fraud, Misrepresentation, and Deceit.›Section 6-5-102 - Suppression of Material Facts.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 8 - Fraud, Misrepresentation, and Deceit. › Section 6-5-102 - Suppression of Material Facts.
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Section 6-5-102
Suppression of material facts.
Suppression of a material fact which the party is under an obligation to communicate constitutes fraud. The obligation to communicate may arise from the confidential relations of the parties or from the particular circumstances of the case.
(Code 1907, §4299; Code 1923, §8050; Code 1940, T. 7, §109.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 8 - Fraud, Misrepresentation, and Deceit.›Section 6-5-103 - Deceit - Right of Action Generally.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 8 - Fraud, Misrepresentation, and Deceit. › Section 6-5-103 - Deceit - Right of Action Generally.
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Section 6-5-103
Deceit - Right of action generally.
Willful misrepresentation of a material fact made to induce another to act, and upon which he does act to his injury, will give a right of action. Mere concealment of such a fact, unless done in such a manner as to deceive and mislead, will not support an action. In all cases of deceit, knowledge of a falsehood constitutes an essential element. A fraudulent or reckless representation of facts as true, which the party may not know to be false, if intended to deceive, is equivalent to a knowledge of the falsehood.
(Code 1907, §2469; Code 1923, §5677; Code 1940, T. 7, §110.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 8 - Fraud, Misrepresentation, and Deceit.›Section 6-5-104 - Deceit - Fraudulent Deceit.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 8 - Fraud, Misrepresentation, and Deceit. › Section 6-5-104 - Deceit - Fraudulent Deceit.
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Section 6-5-104
Deceit - Fraudulent deceit.
(a) One who willfully deceives another with intent to induce him to alter his position to his injury or risk is liable for any damage which he thereby suffers.
(b) A deceit within the meaning of this section is either:
(1) The suggestion as a fact of that which is not true by one who does not believe it to be true;
(2) The assertion as a fact of that which is not true by one who has no reasonable ground for believing it to be true;
(3) The suppression of a fact by one who is bound to disclose it or who gives information of other facts which are likely to mislead for want of communication of that fact; or
(4) A promise made without any intention of performing it.
(Code 1923, §§7353, 7354; Code 1940, T. 7, §§111, 112.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 1 - General Provisions.›Section 6-5-120 - Defined.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 1 - General Provisions. › Section 6-5-120 - Defined.
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Section 6-5-120
Defined.
A "nuisance" is anything that works hurt, inconvenience, or damage to another. The fact that the act done may otherwise be lawful does not keep it from being a nuisance. The inconvenience complained of must not be fanciful or such as would affect only one of a fastidious taste, but it should be such as would affect an ordinary reasonable man.
(Code 1907, §5193; Code 1923, §9271; Code 1940, T. 7, §1081.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-9/division-1/section-6-5-121/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 1 - General Provisions.›Section 6-5-121 - Distinction Between Public and Private Nuisances; Right of Action Generally.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 1 - General Provisions. › Section 6-5-121 - Distinction Between Public and Private Nuisances; Right of Action Generally.
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Section 6-5-121
Distinction between public and private nuisances; right of action generally.
Nuisances are either public or private. A public nuisance is one which damages all persons who come within the sphere of its operation, though it may vary in its effects on individuals. A private nuisance is one limited in its injurious effects to one or a few individuals. Generally, a public nuisance gives no right of action to any individual, but must be abated by a process instituted in the name of the state. A private nuisance gives a right of action to the person injured.
(Code 1907, §5196; Code 1923, §9274; Code 1940, T. 7, §1084.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 1 - General Provisions.›Section 6-5-122 - Public Nuisances - Abatement or Enjoining by Municipalities.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 1 - General Provisions. › Section 6-5-122 - Public Nuisances - Abatement or Enjoining by Municipalities.
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Section 6-5-122
Public nuisances - Abatement or enjoining by municipalities.
All municipalities in the State of Alabama may commence an action in the name of the city to abate or enjoin any public nuisance injurious to the health, morals, comfort, or welfare of the community or any portion thereof.
(Acts 1919, No. 49, p. 50; Code 1923, §9298; Code 1940, T. 7, §1085.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-9/division-1/section-6-5-123/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 1 - General Provisions.›Section 6-5-123 - Public Nuisances - Special Damage to Individual.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 1 - General Provisions. › Section 6-5-123 - Public Nuisances - Special Damage to Individual.
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Section 6-5-123
Public nuisances - Special damage to individual.
If a public nuisance causes a special damage to an individual in which the public does not participate, such special damage gives a right of action.
(Code 1907, §5197; Code 1923, §9275; Code 1940, T. 7, §1086.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-9/division-1/section-6-5-124/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 1 - General Provisions.›Section 6-5-124 - Right of Action for Private Nuisance.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 1 - General Provisions. › Section 6-5-124 - Right of Action for Private Nuisance.
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Section 6-5-124
Right of action for private nuisance.
A private nuisance may injure either the person or property, or both, and in either case a right of action accrues.
(Code 1907, §5198; Code 1923, §9276; Code 1940, T. 7, §1087.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-9/division-1/section-6-5-125/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 1 - General Provisions.›Section 6-5-125 - Injunction Before Completion.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 1 - General Provisions. › Section 6-5-125 - Injunction Before Completion.
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Section 6-5-125
Injunction before completion.
Where the consequences of a nuisance about to be erected or commenced will be irreparable in damages and such consequences are not merely possible but to a reasonable degree certain, a court may interfere to arrest a nuisance before it is completed.
(Code 1907, §5195; Code 1923, §9273; Code 1940, T. 7, §1083.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 1 - General Provisions.›Section 6-5-126 - Rights and Responsibilities of Alienees for Continuance.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 1 - General Provisions. › Section 6-5-126 - Rights and Responsibilities of Alienees for Continuance.
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Section 6-5-126
Rights and responsibilities of alienees for continuance.
The alienee of a person owning the property injured may commence an action for a continuance of the nuisance, and the alienee of the property causing the nuisance is responsible for a continuance of the same. In the latter case, there must be a request to abate before an action is commenced.
(Code 1907, §5194; Code 1923, §9272; Code 1940, T. 7, §1082.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 1 - General Provisions.›Section 6-5-127 - Nuisance Exceptions; Right of Action for Pollution of Waters, etc.; Relation to Mu...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 1 - General Provisions. › Section 6-5-127 - Nuisance Exceptions; Right of Action for Pollution of Waters, etc.; Relation to Municipal Ordinances.
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Section 6-5-127
Nuisance exceptions; right of action for pollution of waters, etc.; relation to municipal ordinances.
(a) No agricultural, manufacturing, or other industrial plant or establishment, farming operation facility, or any racetrack for automobiles or motorcycles, or both, operated in conjunction with a museum that is owned by a nonprofit organization and has a building and collection on display which together have a minimum value of at least one million dollars ($1,000,000), or any of its appurtenances or the operation thereof shall be or become a nuisance, private or public, by any changed conditions in and about the locality thereof after the same has been in operation for more than one year during which such plant, facility, establishment, farming operation facility, or racetrack, its appurtenances or the operation thereof has not been found by a court of competent jurisdiction to be a nuisance; provided, that the provisions of this subsection shall not apply whenever a nuisance results from the negligent or improper operation of any such plant, establishment, farming operation facility, or racetrack, or any of its appurtenances.
(b) The provisions of subsection (a) shall not affect or defeat the right of any person, firm, or corporation to recover damages for any injuries or damage sustained by them on account of any pollution of, or change in the condition of, the waters of any stream or on account of any overflow of the lands of any person, firm, or corporation.
(c) Any and all ordinances heretofore or hereafter adopted by any municipal corporation in which such plant, establishment, farming operation facility, or racetrack is located, which purports to make the operation of any such plant, establishment, farming operation facility, or racetrack, or its appurtenances a nuisance or providing for an abatement thereof as a nuisance in the circumstances set forth in this section are, and shall be, null and void; provided, that the provisions of this subsection shall not apply whenever a nuisance results from the negligent or improper operation of any such plant, establishment, farming operation facility, or racetrack, or any of its appurtenances.
(d) This section shall not be construed to invalidate any contracts heretofore made, but, insofar as contracts are concerned, is only applicable to contracts and agreements to be made in the future.
(Acts 1915, No. 691, p. 744; Code 1923, §§9277- 9279; Code 1940, T. 7, §§1088-1090; Acts 1978, 2nd Ex. Sess., No. 79, p. 1767; Act 2004-316, p. 538, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 2 - Lewdness, Assignation, or Prostitution.›Section 6-5-140 - Definitions.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-140 - Definitions.
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Section 6-5-140
Definitions.
For the purposes of this division, the following terms shall have the meanings respectively ascribed to them by this section:
(1) PLACE. Any building, erection, or place, any separate part or portion thereof or the ground itself.
(2) PERSON. Any individual, corporation, association, partnership, trustee, lessee, agent, or assignee.
(3) NUISANCE. Any place in or upon which lewdness, assignation, or prostitution is conducted, permitted, continued, or exists and the personal property and contents used in conducting or maintaining any such place for any such purpose.
(Acts 1919, No. 53, p. 52; Code 1940, T. 7, §1091.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 2 - Lewdness, Assignation, or Prostitution.›Section 6-5-141 - Who Deemed Guilty of Maintaining Nuisance.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-141 - Who Deemed Guilty of Maintaining Nuisance.
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Section 6-5-141
Who deemed guilty of maintaining nuisance.
Any person who shall use, occupy, establish, or conduct a nuisance, as defined in Section 6-5-140, or aid or abet therein, and the owner, agent, or lessee of any interest in any such nuisance, together with the person employed in or in control of any such nuisance by any such owner, agent, or lessee shall for the purpose of this division be guilty of maintaining a nuisance and shall be enjoined as provided in this division.
(Acts 1919, No. 53, p. 52; Code 1923, §9281; Code 1940, T. 7, §1092.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 2 - Lewdness, Assignation, or Prostitution.›Section 6-5-142 - By Whom Action to Abate and Perpetually Enjoin Nuisance Commenced.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-142 - By Whom Action to Abate and Perpetually Enjoin Nuisance Commenced.
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Section 6-5-142
By whom action to abate and perpetually enjoin nuisance commenced.
Whenever a nuisance exists, the Attorney General of the state, the district attorney or assistant district attorney, or any citizen or citizens may commence an action in the name of the State of Alabama, upon the relation of such Attorney General or such other officer or person to abate such nuisance and to enjoin perpetually the person or persons maintaining the same from further maintenance thereof.
(Acts 1919, No. 53, p. 52; Code 1923, §9282; Code 1940, T. 7, §1093.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-9/division-2/section-6-5-143/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 2 - Lewdness, Assignation, or Prostitution.›Section 6-5-143 - Venue; Filing of Complaint; Application for Preliminary Injunction.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-143 - Venue; Filing of Complaint; Application for Preliminary Injunction.
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Section 6-5-143
Venue; filing of complaint; application for preliminary injunction.
(a) Such action shall be commenced in the circuit court of the county in which the property is located.
(b) At or before the commencement of the action, a verified copy of the complaint alleging the facts constituting the nuisance shall be filed in the office of the probate judge of the county, together with a notice of the pendency of the action, containing the name of the court, the names of the parties, the object of the action, and a brief description of the property affected thereby. The probate judge shall be paid the usual fee for recording such lis pendens and shall immediately record such notice.
(c) After the filing of the complaint, application for a preliminary injunction may be made to the circuit court, a judge thereof or any judge authorized by the laws of the state to make an order for a preliminary injunction, who shall grant a hearing thereon within 10 days thereafter.
(Acts 1919, No. 53, p. 52; Code 1923, §9284; Code 1940, T. 7, §1095.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 2 - Lewdness, Assignation, or Prostitution.›Section 6-5-144 - Bond for Preliminary Injunction or Temporary Restraining Order Prior to Hearing.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-144 - Bond for Preliminary Injunction or Temporary Restraining Order Prior to Hearing.
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Section 6-5-144
Bond for preliminary injunction or temporary restraining order prior to hearing.
No preliminary injunction or temporary restraining order shall be issued before hearing in any action commenced by a citizen or citizens under the provisions of this division unless such citizen or citizens have made bond in such sum as may be fixed by the judge to whom the application for such injunction or restraining order is made, such bond to be approved by the register or clerk of the circuit court of the county in which the proceeding is filed and to be payable and conditioned as provided by the Alabama Rules of Civil Procedure.
(Acts 1919, No. 53, p. 52; Code 1923, §9283; Code 1940, T. 7, §1094.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 2 - Lewdness, Assignation, or Prostitution.›Section 6-5-145 - Issuance and Return of Temporary Restraining Order; Return of Inventory; Contempt...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-145 - Issuance and Return of Temporary Restraining Order; Return of Inventory; Contempt for Violation of Restraining Order.
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Section 6-5-145
Issuance and return of temporary restraining order; return of inventory; contempt for violation of restraining order.
(a) Where such application for a preliminary injunction has been made, the court or judge thereof may, on the application of the plaintiff, issue an ex parte temporary restraining order, restraining the defendants and all other persons from the moving, or in any manner interfering with, the personal property and contents of the place where such nuisance is alleged to exist until the decision of the court or judge granting or refusing such preliminary injunction and until the further order of the court thereon.
(b) The restraining order may be served by handing to and leaving a copy of said order with any person in charge of said place or residing therein or by posting a copy thereof in a conspicuous place at, or upon one or more of the principal doors or entrances to such places, or the judge may order it served on the parties defendant.
(c) The officer serving such restraining order shall forthwith make and return into the court an inventory of the personal property and contents situated in and used in conducting and maintaining such nuisance.
(d) Any violation of such restraining order shall be a contempt of court; and, where such order is so posted, mutilation or removal thereof while the same remains in force shall be a contempt of court.
(Acts 1919, No. 53, p. 52; Code 1923, §§9285, 9286; Code 1940, T. 7, §§1096, 1097.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 2 - Lewdness, Assignation, or Prostitution.›Section 6-5-146 - Service of Complaint on and Answer by Defendants; Granting of Preliminary Injuncti...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-146 - Service of Complaint on and Answer by Defendants; Granting of Preliminary Injunction.
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Section 6-5-146
Service of complaint on and answer by defendants; granting of preliminary injunction.
(a) A copy of the complaint, together with a notice of the time and place of the hearing of the application for a preliminary injunction, shall be served upon the defendants at least five days before such hearing. If the hearing shall then be continued at the instance of any defendant, the temporary writ as petitioned for shall be granted as a matter of course.
(b) Each defendant so notified shall serve upon the plaintiff or the attorney filing the complaint a verified answer on or before the date fixed in said notice for said hearing, and such answer shall be filed with the register or clerk of the court wherein such case is triable, but the court or judge may allow additional time for answering, providing such extension of time shall not prevent the issuing of said temporary writ as petitioned for.
(Acts 1919, No. 53, p. 52; Code 1923, §§9287, 9288; Code 1940, T. 7, §§1098, 1099.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 2 - Lewdness, Assignation, or Prostitution.›Section 6-5-147 - Closing Place Pending Final Decision - Order.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-147 - Closing Place Pending Final Decision - Order.
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Section 6-5-147
Closing place pending final decision - Order.
(a) If on the hearing for a preliminary injunction it shall appear that the person owning, in control, or in charge of the nuisance so enjoined has received five days' notice of the hearing, then, unless such person shall show to the satisfaction of the court or judge that the nuisance complained of has been abated, the court or judge shall issue an order closing the place against its use for any purpose until final decision shall be entered on the application for a permanent injunction.
(b) Such order shall also continue in effect for such further period the temporary restraining order provided in Section 6-5-145 if already issued or, if not issued, shall include such an order restraining for such period the removal or interference with the personal property and contents located thereat or therein as provided, and such restraining order shall be served and the inventory of such property shall be made and filed as provided in such section.
(Acts 1919, No. 53, p. 52; Code 1923, §9290; Code 1940, T. 7, §1101.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 2 - Lewdness, Assignation, or Prostitution.›Section 6-5-149 - Precedence of Action Over Other Cases; Evidence; Dismissal of Action; Continuance;...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-149 - Precedence of Action Over Other Cases; Evidence; Dismissal of Action; Continuance; Costs; Judgment.
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Section 6-5-149
Precedence of action over other cases; evidence; dismissal of action; continuance; costs; judgment.
(a) The action, when commenced, shall have precedence over all other cases except injunctions.
(b) In such action, evidence of the general reputation of the place or any admission or finding of guilt of any person under the original laws against prostitution, lewdness, or assignation at any such place shall be admissible for the purpose of proving the existence of said nuisance and shall be prima facie evidence of such nuisance, of knowledge of and acquiescence and participation therein on the part of the person, or persons, charged with maintaining such nuisance.
(c) If the complaint is filed for the state by a citizen of the county, it shall not be dismissed except upon a sworn statement of the plaintiff or his personal representative or agent, and his attorney or of the officer filing the complaint, setting forth the reasons why the action should be dismissed and the dismissal be approved by the attorney filing the complaint in writing or in open court. If the court or judge is of the opinion that the action ought not be dismissed, he may direct the district attorney to prosecute such action to judgment at the expense of the county, and if the action is continued more than once, any person who is a citizen of the county, the Attorney General, the district attorney may be substituted for the plaintiff and prosecute said action to judgment.
(d) If the action is commenced by a person who is a citizen of the county and the court finds that there were no reasonable grounds or cause for said action, the costs may be taxed against such person.
(e) If the existence of the nuisance is established upon the trial, a judgment shall be entered which shall perpetually enjoin the defendants and any other person or persons from further maintaining the nuisance at the place complained of and the defendants from maintaining such nuisance elsewhere in the county.
(Acts 1919, No. 53, p. 52; Code 1923, §9292; Code 1940, T. 7, §1103.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 2 - Lewdness, Assignation, or Prostitution.›Section 6-5-148 - Closing Place Pending Final Decision - Release of Property on Bond.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-148 - Closing Place Pending Final Decision - Release of Property on Bond.
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Section 6-5-148
Closing place pending final decision - Release of property on bond.
The owner or owners of any real property or personal property closed or restrained, or to be closed or restrained, may appear at any time between the filing of the complaint and the hearing of the application for a permanent injunction, and, upon payment of all costs incurred and upon the filing of a bond payable to the state by the owner of the real property, with sureties or a surety company to be approved by the register or clerk in the full value of the property to be ascertained by the court or the judge, conditioned that such owner or owners will immediately abate the nuisance and prevent the same from being established or kept until the decision of the court or judge shall have been entered on the application for a permanent injunction, then, in that case, the court or judge, if satisfied of the good faith of the owner of the real property and of innocence on the part of any owner of the personal property of any knowledge of the use of such personal property as a nuisance and that with reasonable care and diligence such owner could not have known thereof, shall deliver such real or personal property, or both, to the respective owners thereof and cancel or refrain from issuing at the time of the hearing on the application for the injunction, as the case may be, any order or orders closing such real property or restraining the removal or interference with such personal property. The release of any personal property or real property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it may be subjected by law.
(Acts 1919, No. 53, p. 52; Code 1940, T. 7, §1102.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 2 - Lewdness, Assignation, or Prostitution.›Section 6-5-150 - Grant and Effect of Permanent Injunction.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-150 - Grant and Effect of Permanent Injunction.
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Section 6-5-150
Grant and effect of permanent injunction.
If upon the final hearing the allegations are sustained to the satisfaction of the court or judge, the court or judge shall enter a judgment restraining the defendants and all other persons from continuing the nuisance. When any injunction has been granted, it shall be binding on the defendants throughout the county. Any violation thereof shall be contempt of court and punished as provided in Section 6-5-154.
(Acts 1919, No. 53, p. 52; Code 1923, §9289; Code 1940, T. 7, §1100.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 2 - Lewdness, Assignation, or Prostitution.›Section 6-5-151 - Order of Abatement; Sale of Property.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-151 - Order of Abatement; Sale of Property.
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Section 6-5-151
Order of abatement; sale of property.
(a) If the existence of the nuisance is admitted or established in an action as provided in this division, or in a criminal proceeding in the circuit court, an order of abatement shall be entered as a part of the judgment in the case, which shall direct the removal from the place of all personal property and contents used in conducting the nuisance not already released under authority of the court as provided in Sections 6-5-143, 6-5-145 through 6-5-148, and 6-5-150 and shall direct the sale of such thereof as belonged to the defendants notified or appearing in the manner provided for the sale of chattels under execution.
(b) Such order shall also require the renewal for one year of any bond furnished by the owner of the real property as provided in Section 6-5-148 or, if not so furnished, shall continue for one year any closing order issued at the time of granting the preliminary injunction or, if no such closing order was then issued, shall include an order directing the effectual closing of the place against its use for any purpose, so keeping it closed for a period of one year unless sooner released; but the owner of the place so closed and not released under bond as provided in Section 6-5-148 may appear and obtain such release in the manner and upon fulfilling the requirements as provided in such section.
(c) The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it may be subject by law.
(d) Owners of unsold property and contents so seized must appear and claim same within 10 days after such order of abatement is made and prove innocence to the satisfaction of the court of any knowledge of said use thereof and that with reasonable care and diligence they could not have known thereof. Every defendant in the action shall be presumed to have had knowledge of the general reputation of the place. If such innocence shall be so established, such unsold personal property and contents shall be delivered to the owner; otherwise, it shall be sold as provided in this section.
(e) If any person shall break and enter or use a place so directed to be closed, he shall be punished for contempt as provided in Section 6-5-154.
(Acts 1919, No. 53, p. 52; Code 1923, §§9293, 9294; Code 1940, T. 7, §§1104, 1105.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 2 - Lewdness, Assignation, or Prostitution.›Section 6-5-152 - Fees of Officers Selling Property, Etc.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-152 - Fees of Officers Selling Property, Etc.
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Section 6-5-152
Fees of officers selling property, etc.
For removing and selling the personal property and contents, the officer shall be entitled to charge and receive the same fees as he would for levying and selling like property on execution; and, for closing the place and keeping it closed, a reasonable fee shall be allowed by the court.
(Acts 1919, No. 53, p. 52; Code 1923, §9295; Code 1940, T. 7, §1106.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 2 - Lewdness, Assignation, or Prostitution.›Section 6-5-153 - Effect of Establishment of Nuisance in Criminal Proceedings.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-153 - Effect of Establishment of Nuisance in Criminal Proceedings.
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Section 6-5-153
Effect of establishment of nuisance in criminal proceedings.
In case the existence of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction, the district attorney shall proceed promptly under this division to enforce the provisions and penalties thereof, and the finding of the defendant guilty in such criminal proceedings, unless reversed or set aside, shall be conclusive as against the defendant as to the existence of the nuisance. The proceeds of the sale of the personal property as provided in Section 6-5-152 shall be applied in payment of the costs of the action and abatement, including the plaintiff's costs, or so much of such proceeds as may be necessary, except as provided in this division.
(Acts 1919, No. 53, p. 52; Code 1923, §9296; Code 1940, T. 7, §1107.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 2 - Lewdness, Assignation, or Prostitution.›Section 6-5-154 - Violations Constituting Contempt; Proceedings Thereon.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 2 - Lewdness, Assignation, or Prostitution. › Section 6-5-154 - Violations Constituting Contempt; Proceedings Thereon.
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Section 6-5-154
Violations constituting contempt; proceedings thereon.
(a) In case of the violation of any injunction or closing order granted under the provisions of this division or of any restraining order or the commission of any contempt of court in proceedings under this division, the court or the judge thereof may try and punish the offender. The proceedings shall be commenced by filing with the register or clerk of the court a complaint under oath setting out and alleging facts constituting such violation, upon which the court or judge shall cause a warrant to issue, under which the defendant shall be arrested; he may be released on bond, pending the hearing, to be fixed by the judge. The trial may be had upon affidavits or either party may demand the production and oral examination of witnesses.
(b) A party found guilty of contempt under the provisions of this section shall be punished by a fine of not less than $100 nor more than $200, or by imprisonment in the county jail not less than one nor more than three months, or by both such fine and imprisonment.
(Acts 1919, No. 53, p. 52; Code 1923, §9297; Code 1940, T. 7, §1108.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 3 - Drug-Related Nuisances›Section 6-5-155 - Legislative Findings and Declarations.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-155 - Legislative Findings and Declarations.
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Section 6-5-155
Legislative findings and declarations.
The Legislature finds and declares the following:
(1) There is a drug crisis in the State of Alabama which is plaguing our neighborhoods and our housing and rental accommodations.
(2) Drugs have caused an increase in crime and violence and a deterioration in the habitability of housing and rental accommodations, as well as diminished property values.
(3) Currently there are inadequate incentives for property owners to take a more active role in preventing the use of their property for the manufacture, use, sale, storage, or distribution of drugs.
(Acts 1996, No. 96-566, p. 849, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 3 - Drug-Related Nuisances›Section 6-5-155.1 - Definitions.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-155.1 - Definitions.
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Section 6-5-155.1
Definitions.
The following words and phrases when used in this division shall have the meanings given to them in this section unless the context clearly indicates otherwise:
(1) COMMUNITY-BASED ORGANIZATION. Any group, whether incorporated or unincorporated, affiliated with or organized for the benefit of one or more communities or neighborhoods containing an alleged drug-related nuisance, or any group organized to improve the quality of life in a residential area containing the alleged drug-related nuisance.
(2) CONTROLLED SUBSTANCE ACTS. The provisions of Sections 20-2-1 et seq., known as the "Alabama Uniform Controlled Substance Act," and Sections 13A-12-201 et seq., known as "The Drug Predator Control Act of 1987," and Sections 13A-12-210 et seq., known as "The Drug Crimes Amendments Act of 1987."
(3) DRUG-RELATED NUISANCE.
a. Any property, in whole or in part, used or intended to be used to facilitate any violation of the controlled substance acts or any similar ordinance of any municipality in this state or a similar act of the United States or any other state.
b. The use, sale, distribution, possession, storage, transportation, or manufacture of any controlled substances in violation of the controlled substance acts, or similar act of the United States or any other state.
c. Drug-related nuisance includes, but is not limited to, conduct unlawful in itself or unreasonable under the circumstances, knowingly or recklessly creating or maintaining a condition which endangers the safety or health of persons not occupying the property alleged to be a drug-related nuisance, and knowingly or recklessly conducting or maintaining any premises or place where persons gather for purposes of engaging in drug-related activities. For purposes of this definition, "knowingly" means either actual awareness or should have reasonably known.
(4) MANUFACTURING. The production, preparation, propagation, compounding, conversion, or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin or independent means of chemical synthesis, including any packaging or repackaging of the drug or labeling or relabeling of its container.
(5) OWNER. An individual, corporation, partnership, trust association, joint venture, or any other business entity, and the respective agents of the individuals or entities, in whom is vested all or any part of the title to the property alleged to be a drug-related nuisance.
(6) PROPERTY. Tangible real property, or an interest in real property, including an interest in any leasehold, license, or real estate, including any house, apartment building, condominium, cooperative, office building, store, restaurant, tavern, nightclub, or warehouse, and the land extending to the boundaries of the lot upon which the structure is situated, and anything growing on, affixed to, or found on the land.
(7) PROSECUTING ATTORNEY. The Attorney General, district attorney, or county, municipal, or private attorney bringing a drug-related nuisance action.
(8) TENANT. A person who resides in or occupies property belonging to another person pursuant to a lease agreement, or pursuant to a tenancy under the common law.
(Acts 1996, No. 96-566, p. 849, §2.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 3 - Drug-Related Nuisances›Section 6-5-155.2 - Who May File Action to Abate, Enjoin, and Prevent Drug-Related Nuisance; Commenc...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-155.2 - Who May File Action to Abate, Enjoin, and Prevent Drug-Related Nuisance; Commencement of Action.
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Section 6-5-155.2
Who may file action to abate, enjoin, and prevent drug-related nuisance; commencement of action.
Wherever there is reason to believe that a drug-related nuisance exists, the Attorney General, district attorney, the attorney for the county or municipality, a person residing in the county in which the property is located including a tenant of the property, or any community-based organization, may file an action in the circuit courts of this state to abate, enjoin, and prevent the drug-related nuisance. The actions shall be commenced by the filing of a complaint in circuit court of the county in which the nuisance is situated alleging the facts constituting the drug-related nuisance.
(Acts 1996, No. 96-566, p. 849, §3.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 3 - Drug-Related Nuisances›Section 6-5-155.3 - Contents of Complaint; Supporting Affidavits.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-155.3 - Contents of Complaint; Supporting Affidavits.
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Section 6-5-155.3
Contents of complaint; supporting affidavits.
(a) The complaint or an affidavit attached thereto shall describe the adverse impact associated with the drug-related nuisance upon the surrounding neighborhood. Adverse impact includes, without limitation, the presence of any one or more of the following conditions:
(1) Diminished property value.
(2) Increased fear of residents to walk through or in public areas, including sidewalks, streets, alleys, and parks.
(3) Increased volume of vehicular and pedestrian traffic to and from the property.
(4) An increase in the number of ambulance or police calls to the property which are related to the use of drugs, or to violence stemming from drug-related activity.
(5) Bothersome solicitors or approaches by strangers wishing to sell drugs, or the aggressive solicitation of alms, on or near the property.
(6) The display of dangerous weapons on or near the property.
(7) Investigative purchases of drugs by law enforcement officers on or near the property.
(8) Arrests of persons on or near the property.
(9) Housing code violations relating to the property.
(10) Health code violations relating to the property.
(11) Accumulation of trash and refuse in common areas on or adjacent to the property.
(12) Unsecured entryways on the property.
(13) Loitering.
(14) Unreasonable noise.
(15) Search warrants served or executed at the property.
(16) The number of complaints made to law enforcement and other government officials about the alleged illegal activity associated with the property.
(17) The discharge of a firearm at the property.
(18) Violations of zoning laws or regulations at the property.
(b) The complaint shall contain a description of attempts made by the plaintiff, or any other person or entity, to notify the owner of the property on which the drug-related nuisance is situated and the resulting adverse impact thereof. No complaint shall be filed unless there has been at least one notice to the owner of the alleged drug-related nuisance 21 days prior to the filing of the complaint. Notice shall be served on the owner in accordance with the Alabama Rules of Civil Procedure. If personal service can not be made, service may be made by posting the papers at the property.
(c) When an action is brought under this division by a private individual, the complaint shall be supported by at least five residents residing or owning real property within 1,000 feet of the premises alleged to be a drug-related nuisance. The support shall be in the form of an affidavit attesting to the fact that the residence of the affiant is within 1,000 feet of the alleged drug-related nuisance, and that the affiants have witnessed the alleged drug-related nuisance, and are aware of an adverse impact of the alleged drug-related nuisance.
(Acts 1996, No. 96-566, p. 849, §4.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 3 - Drug-Related Nuisances›Section 6-5-155.4 - Service of Summons and Complaint.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-155.4 - Service of Summons and Complaint.
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Section 6-5-155.4
Service of summons and complaint.
A copy of the summons and complaint shall be served upon the defendant at least five business days prior to the first hearing in the action. Service shall be made in accordance with the Alabama Rules of Civil Procedure. If personal service cannot be made, service may be made by posting the papers at the property. If service is made by posting papers to the property, a copy of the summons and complaint shall be mailed to the last known mailing address, if any, of the defendant.
(Acts 1996, No. 96-566, p. 849, §5.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 3 - Drug-Related Nuisances›Section 6-5-155.5 - Motion for Preliminary Injunction; Consolidation of Trial With Hearing on Motion...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-155.5 - Motion for Preliminary Injunction; Consolidation of Trial With Hearing on Motion; Other Equitable Relief.
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Section 6-5-155.5
Motion for preliminary injunction; consolidation of trial with hearing on motion; other equitable relief.
(a) Upon a filing of a motion for a preliminary injunction to abate the drug-related nuisance, the plaintiff shall be entitled to a hearing on the motion within 10 business days of the filing. If it appears by affidavit or otherwise, that there is a substantial likelihood that the plaintiff will be able to prove a drug-related nuisance by a preponderance of evidence, the circuit court may issue a preliminary injunction and grant other relief as the court may deem to be appropriate, including those remedies provided by Section 6-5-156.3.
(b) When appropriate, the court shall order the trial of the action on the merits to be advanced and consolidated with the hearing on the motion for a preliminary injunction.
(c) This section shall not be construed to prohibit the application for or the granting of a temporary restraining order or other equitable relief provided by law.
(Acts 1996, No. 96-566, p. 849, §6.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 3 - Drug-Related Nuisances›Section 6-5-155.6 - Issuance of Ex Parte Restraining Order; Service; Inventory of Property Relating...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-155.6 - Issuance of Ex Parte Restraining Order; Service; Inventory of Property Relating to Nuisance; Violation of Order; Contempt of Court.
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Section 6-5-155.6
Issuance of ex parte restraining order; service; inventory of property relating to nuisance; violation of order; contempt of court.
(a) The court, upon the application of the plaintiff, may issue an ex parte restraining order, restraining the defendant and all other persons from removing, or in any manner interfering with, the personal property and contents of the place where the drug-related nuisance is alleged to exist, until a decision of the court granting or refusing to grant a temporary injunction, or until further order of the court.
(b) The restraining order may be served by handing it to and leaving a copy of the order with any person appearing to reside therein, or by posting a copy thereof in a conspicuous place at or upon one or more of the principal doors or entrances to the place, or by both delivery and posting.
(c) The officer serving a restraining order shall forthwith attempt to make and return to the court an inventory of the personal property and contents situated in, and apparently used in, conducting or maintaining the drug-related nuisance. Any violation of the restraining order shall be a contempt of court, and where the order is posted, if it is removed or mutilated while it remains in force, is a contempt of court, provided that the posted order contains a notice to that effect.
(Acts 1996, No. 96-566, p. 849, §7.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 3 - Drug-Related Nuisances›Section 6-5-155.7 - Civil Penalty.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-155.7 - Civil Penalty.
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Section 6-5-155.7
Civil penalty.
In any action brought under this division, the complainants may request, and the court at its discretion may order a civil penalty of up to one thousand dollars ($1,000) for each day the nuisance exists, with the penalty payable to the general fund of the municipality in which the nuisance was located, or one-half to the state and one-half to the general fund of the county if situated outside the boundaries of a municipality.
(Acts 1996, No. 96-566, p. 849, §8.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 3 - Drug-Related Nuisances›Section 6-5-155.8 - Protection of Witnesses.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-155.8 - Protection of Witnesses.
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Section 6-5-155.8
Protection of witnesses.
If proof of the existence of the drug-related nuisance depends, in whole or in part, upon the affidavits of witnesses who are not law enforcement officers, upon a showing of prior threats of violence or acts of violence by any defendant or other person using the property alleged to be a drug-related nuisance, the court may issue orders to protect those witnesses, including, but not limited to, nondisclosure of the name, address, or any other identifying information.
(Acts 1996, No. 96-566, p. 849, §9.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 3 - Drug-Related Nuisances›Section 6-5-155.9 - Previous Conviction Not Required.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-155.9 - Previous Conviction Not Required.
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Section 6-5-155.9
Previous conviction not required.
A previous conviction of the defendant, or anyone, shall not be required to demonstrate a drug-related nuisance.
(Acts 1996, No. 96-566, p. 849, §10.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-9/division-3/section-6-5-156/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 3 - Drug-Related Nuisances›Section 6-5-156 - Security Bond.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-156 - Security Bond.
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Section 6-5-156
Security bond.
No security bond shall be required to issue a preliminary injunction or temporary restraining order sought by the Attorney General, district attorney, or an attorney appearing for the county or municipality. Otherwise, at the discretion of the court, a security bond may be required to issue a preliminary injunction or temporary restraining order. Where relief is issued after an evidentiary hearing at which witnesses are subject to cross examination, the court shall not require a security bond in excess of one thousand dollars ($1,000).
(Acts 1996, No. 96-566, p. 849, §11.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 3 - Drug-Related Nuisances›Section 6-5-156.1 - Evidence of General Reputation of Property.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-156.1 - Evidence of General Reputation of Property.
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Section 6-5-156.1
Evidence of general reputation of property.
In an action brought under this division, evidence of the general reputation of the property of the defendant shall be admissible for the purpose of proving a drug-related nuisance, and for the purpose of proving the knowledge of the defendant of the drug-related nuisance.
(Acts 1996, No. 96-566, p. 849, §12.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 3 - Drug-Related Nuisances›Section 6-5-156.2 - Dismissal of Complaint Filed by Private Citizen; Prosecution by District Attorne...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-156.2 - Dismissal of Complaint Filed by Private Citizen; Prosecution by District Attorney or Prosecuting Attorney; Substitution of Complainant.
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Section 6-5-156.2
Dismissal of complaint filed by private citizen; prosecution by district attorney or prosecuting attorney; substitution of complainant.
(a) If a complaint is filed by a private citizen, it may not be dismissed except upon a sworn statement by the complainant and his or her attorney, setting forth the reason why the action should be dismissed. A copy of the sworn statement shall be sent to the Attorney General and the district attorney at least seven days prior to its presentment to the court.
(b) If the court is of the opinion that the action should not be dismissed, it may direct the district attorney or prosecuting attorney to prosecute the action to judgment.
(c) Any citizen of the county in which the alleged drug-related nuisance is located, or an interested community-based organization, may be substituted for the complainant and prosecute the action to judgment.
(Acts 1996, No. 96-566, p. 849, §13.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 3 - Drug-Related Nuisances›Section 6-5-156.3 - Standard of Proof; Damages and Other Relief; Jurisdiction and Powers of Court; A...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-156.3 - Standard of Proof; Damages and Other Relief; Jurisdiction and Powers of Court; Appointment of Receiver; Eviction of Tenant.
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Section 6-5-156.3
Standard of proof; damages and other relief; jurisdiction and powers of court; appointment of receiver; eviction of tenant.
(a) The plaintiff is required by a preponderance of the evidence to establish that a drug-related nuisance exists. The plaintiff is required by clear and convincing evidence to establish that the owner of the property who is not a resident or in actual possession of the property was criminally culpable in aiding and abetting in the drug related nuisance.
(b) If the existence of a drug-related nuisance is found, the judgment may include actual damages and an injunction to restrain, abate, and prevent the continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction or order and enforce the judgment or order.
(c) The court may retain jurisdiction of the case for the purpose of enforcing its orders.
(d) If the existence of a drug-related nuisance is found, the court shall have additional power to fashion any one or more of the following remedies:
(1) Assess damages against the defendant in favor of each plaintiff of not less than three hundred dollars ($300) nor more than forty thousand dollars ($40,000), or a lien on the property.
(2) Assess costs of the action against the defendant.
(3) Assess reasonable attorney fees since the filing of the complaint, payable to a private attorney filing the complaint or the municipal, county, or state agency by which the prosecuting attorney is employed.
(4) When a government agency is a plaintiff in the action, assess a fine against the defendant of not less than five hundred dollars ($500) nor more than fifty thousand dollars ($50,000) in addition to attorney fees.
(5) Order the owner to clean up the property and make repairs upon the property.
(6) Suspend or revoke any business, housing, operational, or liquor license. The suspension of any beer, wine, or liquor license held by or belonging to the defendant for at least 90 days is mandatory if the court finds a drug-related nuisance.
(7) Order the owner to make additional reasonable expenditures upon the property, including, but not limited to, installing secure locks on doors, hiring private security personnel, increasing lighting in common areas, and using videotaped surveillance of the property and adjacent alleyways, sidewalks, and parking lots.
(8) Order all rental income from the property to be placed in an escrow account with the court for up to 90 days or until the drug-related nuisance is abated.
(9) Order all rental income for property transferred to a trustee, to be appointed by the court, who shall be empowered to use the rental income to take reasonable expenditures related to the property in order to abate the drug-related nuisance.
(10) Order the suspension of any state, city, or local governmental subsidies payable to the owners of the property, including, but not limited to, tenant assistance payments to landlords, until the nuisance is abated.
(11) Allow the plaintiff to seal the property with the cost of sealing payable by the defendant.
(e) In making any order under this division, the court shall consider, among others, the following factors:
(1) The effect the drug-related nuisance has had on the community.
(2) The number of people residing at the property.
(3) The proximity of the property to other residential structures.
(4) The number of times the property has been cited for housing code or health code violations.
(5) The number of times the owner has been notified of drug-related problems at the property.
(6) The extent and duration of the drug-related nuisance at the time of the order.
(7) Prior efforts or lack of effort by the defendant to abate the drug-related nuisance.
(8) The involvement of the owners in the drug-related nuisance.
(9) The costs incurred by the jurisdiction, community-based organization, individuals, or their attorneys, investigating, correcting, or attempting to correct the drug-related nuisance.
(10) Whether the drug-related nuisance was continuous or recurring.
(11) The economic or financial benefit accruing or likely to accrue to the defendant as a result of the conditions constituting the drug-related nuisance.
(12) Any other factors the court deems relevant.
(f) In making an order under subsection (d), the court shall not consider the lack of action by other property owners to abate alleged drug-related nuisances.
(g) If the building is ordered closed, then the court shall appoint a receiver to sell all of the furnishings and fixtures located in the building which are owned by the building owner, and place the funds from the sale in an escrow account to be used to satisfy the judgment. If the proceeds are inadequate to pay the judgment, the court may order public sale of the property with the proceeds to be paid into an escrow account.
(h) The owner of the property on which a tenant maintains a drug-related nuisance may in the same proceeding seek the eviction of the tenant.
(Acts 1996, No. 96-566, p. 849, §14.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 3 - Drug-Related Nuisances›Section 6-5-156.4 - Violation of Court Order; Additional Orders Necessary to Abatement; Suspension o...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-156.4 - Violation of Court Order; Additional Orders Necessary to Abatement; Suspension or Cancellation of Order.
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Section 6-5-156.4
Violation of court order; additional orders necessary to abatement; suspension or cancellation of order.
(a) A violation of any court order issued pursuant to this division is punishable as a contempt of court by a fine of not less than five hundred dollars ($500) nor more than seventy-five thousand dollars ($75,000), or by imprisonment for not more than one year, or both. Evidence concerning the duration and repetitive nature of the violations shall be considered by the court in determining the penalty for contempt.
(b) Upon finding that a defendant has willfully violated an order issued pursuant to this division, the court may issue any additional orders necessary to abate the drug-related nuisance or to carry out the punishment for contempt.
(c) The court may suspend the effectiveness of an order of abatement for no more than 90 days if the owner of the property establishes that he or she had no knowledge of the drug-related nuisance, and could not reasonably be expected to have knowledge, and the owner avers under oath that he or she will immediately undertake specified measures to abate the nuisance for the following two-year period. An abatement order issued pursuant to this subsection may not be issued for the benefit of a defendant who has been found in contempt of court as part of the same action. An order issued pursuant to this subsection is a suspension and is not a withdrawal of the original order.
(d) The courts shall cancel the order of abatement if the owner of the property satisfies the court that the drug-related nuisance has been abated for the past 90 days, corrects all housing code and health code violations, and posts a bond in an amount to be determined by the court, which shall be immediately forfeitable if the drug-related nuisance recurs during the following two-year period.
(Acts 1996, No. 96-566, p. 849, §15.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 3 - Drug-Related Nuisances›Section 6-5-156.5 - Frivolous or Bad Faith Action.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 3 - Drug-Related Nuisances › Section 6-5-156.5 - Frivolous or Bad Faith Action.
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Section 6-5-156.5
Frivolous or bad faith action.
If the action is brought by a private citizen and the court finds that the action was frivolous or motivated by bad faith, costs and attorney fees may be taxed to the person.
(Acts 1996, No. 96-566, p. 849, §16.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-9/division-4/section-6-5-160/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 4 - Obscene Nuisances.›Section 6-5-160 - Legislative Findings.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 4 - Obscene Nuisances. › Section 6-5-160 - Legislative Findings.
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Section 6-5-160
Legislative findings.
The Legislature of Alabama finds and declares:
(1) That in order to protect children from exposure to obscenity, prevent assaults on the sensibilities of unwilling adults by the purveyor of obscene material, and suppress the proliferation of "adult-only video stores," "adult bookstores," "adult movie houses," and "adult-only entertainment," the sale and dissemination of obscene material should be regulated without impinging on the First Amendment rights of free speech by erecting barriers to the open display of erotic and lascivious material.
(2) That the premises in which a violation of Division 5, Article 4, Chapter 12, Title 13A occurs should be declared a public nuisance.
(Act 98-467, p. 893, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 4 - Obscene Nuisances.›Section 6-5-160.1 - Cause of Action for Public Nuisance.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 4 - Obscene Nuisances. › Section 6-5-160.1 - Cause of Action for Public Nuisance.
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Section 6-5-160.1
Cause of action for public nuisance.
It is hereby declared that the use of any premise to distribute obscene material to minors in violation of Division 5 (commencing with Section 13A-12-200.1), Article 4, Chapter 12, Title 13A is a public nuisance and the Attorney General, district attorney, or, when authorized by the local governing body, the attorney for the county or municipality may file an action in the circuit courts of this state to abate, enjoin, and prevent the nuisance. A county, by resolution, or a municipality, by ordinance, may authorize the filing of an action in the circuit court within their jurisdiction to abate, enjoin, and prevent the nuisance. The actions shall be commenced by the filing of a complaint alleging the facts constituting the nuisance in circuit court of the county in which the nuisance is situated.
(Act 98-467, p. 893, §2.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 4 - Obscene Nuisances.›Section 6-5-160.2 - Security Bond for Preliminary Injunction, Etc.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 4 - Obscene Nuisances. › Section 6-5-160.2 - Security Bond for Preliminary Injunction, Etc.
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Section 6-5-160.2
Security bond for preliminary injunction, etc.
No security bond shall be required to issue a preliminary injunction or temporary restraining order sought by the Attorney General, district attorney, or an attorney appearing for the county or municipality. At the discretion of the court, a security bond may be required to issue a preliminary injunction or temporary restraining order. Where relief is issued after an evidentiary hearing at which witnesses are subject to cross examination, the court may not require a security bond in excess of one thousand dollars ($1,000).
(Act 98-467, p. 893, §3.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 4 - Obscene Nuisances.›Section 6-5-160.3 - Standards of Proof; Remedies; Enforcement.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 4 - Obscene Nuisances. › Section 6-5-160.3 - Standards of Proof; Remedies; Enforcement.
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Section 6-5-160.3
Standards of proof; remedies; enforcement.
(a) A plaintiff is required by a preponderance of the evidence to establish that a nuisance exists. The plaintiff is required by clear and convincing evidence to establish that the owner of the property who is not a resident or in actual possession of the property was criminally culpable in aiding and abetting the nuisance.
(b) If the existence of a nuisance is found, the judgment may include actual damages and an injunction to restrain, abate, and prevent the continuance or recurrence of the nuisance. The court may grant declaratory relief, mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction or order and enforce the judgment or order.
(c) The court may retain jurisdiction of the case for the purpose of enforcing its orders.
(d) If a nuisance is found, the court shall have additional power to fashion any one or more of the following remedies:
(1) Assess damages against the defendant in favor of each plaintiff of not less than three hundred dollars ($300) nor more than ten thousand dollars ($10,000).
(2) Assess costs of the action against the defendant.
(3) Assess reasonable attorney's fees from the time of the filing of the complaint, payable to a private attorney filing the complaint or to the municipal, county, or state agency by which the prosecuting attorney is employed.
(4) When a government agency is a plaintiff in the action, assess a fine against the defendant of not less than five hundred dollars ($500) nor more than twenty thousand dollars ($20,000), in addition to attorney's fees. All fines shall be paid into the general fund of the county if the plaintiff is the county governing body or a county government agency.
(5) Suspend or revoke any business, housing, or operational license.
(Act 98-467, p. 893, §4.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-9/division-4/section-6-5-160-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 9 - Nuisances.›Division 4 - Obscene Nuisances.›Section 6-5-160.4 - Violation, Suspension, Cancellation of Abatement Order.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 9 - Nuisances. › Division 4 - Obscene Nuisances. › Section 6-5-160.4 - Violation, Suspension, Cancellation of Abatement Order.
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Section 6-5-160.4
Violation, suspension, cancellation of abatement order.
(a) A violation of any court order issued pursuant to this division is punishable as a contempt of court by a fine of not less than five hundred dollars ($500) nor more than thirty thousand dollars ($30,000), or by imprisonment for not more than one year, or both. At least one-half of all fines collected as punishment for contempt shall be paid into the general fund of the county if the action against the defendant was commenced by the county governing body or a county government agency. Evidence concerning the duration and repetitive nature of the violations shall be considered by the court in determining the penalty for contempt.
(b) Upon finding that a defendant has willfully violated an order issued pursuant to this division, the court may issue any additional orders necessary to abate the nuisance or to carry out the punishment for contempt.
(c) The court may suspend the effectiveness of an order of abatement for no more than 90 days if the owner of the property establishes that he or she had no knowledge of the nuisance, and could not reasonably be expected to have knowledge, and the owner avers under oath that he or she will immediately undertake specified measures to abate the nuisance for the following two-year period. An abatement order issued pursuant to this subsection may not be issued for the benefit of a defendant who has been found in contempt of court as part of the same action. An order issued pursuant to this subsection is a suspension and is not a withdrawal of the original order.
(d) The courts shall cancel the order of abatement if the owner of the property satisfies the court that the nuisance has been abated for the past 90 days, and posts a bond in an amount to be determined by the court, which shall be immediately forfeitable if the nuisance recurs during the following two-year period.
(Act 98-467, p. 893, §5.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-10/section-6-5-170/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 10 - False Imprisonment.›Section 6-5-170 - Definition.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 10 - False Imprisonment. › Section 6-5-170 - Definition.
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Section 6-5-170
Definition.
False imprisonment consists in the unlawful detention of the person of another for any length of time whereby he is deprived of his personal liberty.
(Code 1907, §4238; Code 1923, §7967; Code 1940, T. 7, §962.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-11/section-6-5-180/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 11 - Defamation, Libel and Slander.›Section 6-5-180 - Import of Accusations of False Swearing or Commission of Crime.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 11 - Defamation, Libel and Slander. › Section 6-5-180 - Import of Accusations of False Swearing or Commission of Crime.
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Section 6-5-180
Import of accusations of false swearing or commission of crime.
Every accusation of false swearing presumptively imports a charge of perjury, and every accusation importing the commission of a crime punishable by indictment must be held presumptively to mean what the language used ordinarily imports.
(Code 1852, §2224; Code 1867, §2626; Code 1876, §2975; Code 1886, §2726; Code 1896, §1439; Code 1907, §3747; Code 1923, §7358; Code 1940, T. 7, §911.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-11/section-6-5-181/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 11 - Defamation, Libel and Slander.›Section 6-5-181 - Words Falsely Imputing Woman's Chastity Actionable.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 11 - Defamation, Libel and Slander. › Section 6-5-181 - Words Falsely Imputing Woman's Chastity Actionable.
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Section 6-5-181
Words falsely imputing woman's chastity actionable.
Any words written, spoken, or printed of any woman falsely imputing to her a want of chastity are actionable without proof of special damages.
(Code 1852, §2220; Code 1867, §2622; Code 1876, §2971; Code 1886, §2727; Code 1896, §1440; Code 1907, §3748; Code 1923, §7359; Code 1940, T. 7, §912.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-11/section-6-5-182/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 11 - Defamation, Libel and Slander.›Section 6-5-182 - Libel or Slander - Burden of Proof.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 11 - Defamation, Libel and Slander. › Section 6-5-182 - Libel or Slander - Burden of Proof.
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Section 6-5-182
Libel or slander - Burden of proof.
In an action for libel or slander, the plaintiff must prove, unless it shall be admitted by the defendant, the facts showing that the alleged defamatory matter was published or spoken of the plaintiff.
(Code 1923, §7357; Code 1940, T. 7, §910.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-11/section-6-5-183/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 11 - Defamation, Libel and Slander.›Section 6-5-183 - Libel or Slander - Mitigation of Damages - Evidence of Truth or Circumstances.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 11 - Defamation, Libel and Slander. › Section 6-5-183 - Libel or Slander - Mitigation of Damages - Evidence of Truth or Circumstances.
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Section 6-5-183
Libel or slander - Mitigation of damages - Evidence of truth or circumstances.
In all actions of slander or libel, the truth of the words spoken or written or the circumstances under which they were spoken or written may be given in evidence under a general denial in mitigation of the damages.
(Code 1852, §2226; Code 1867, §2628; Code 1876, §2977; Code 1886, §2725; Code 1896, §1438; Code 1907, §3746; Code 1923, §7356; Code 1940, T. 7, §909.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-11/section-6-5-184/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 11 - Defamation, Libel and Slander.›Section 6-5-184 - Libel or Slander - Mitigation of Damages - Retraction.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 11 - Defamation, Libel and Slander. › Section 6-5-184 - Libel or Slander - Mitigation of Damages - Retraction.
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Section 6-5-184
Libel or slander - Mitigation of damages - Retraction.
The defendant in an action of slander or libel may prove under a general denial in mitigation of damages that the charge was made in good faith by mistake or through inadvertence or misapprehension, and that he has retracted the charge in the same medium of publication as the charge was originally promulgated and in a prominent position therein.
(Code 1852, §2221; Code 1867, §2623; Code 1876, §2972; Code 1886, §2728; Code 1896, §1441; Code 1907, §3749; Code 1923, §7360; Code 1940, T. 7, §913.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-11/section-6-5-185/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 11 - Defamation, Libel and Slander.›Section 6-5-185 - Libel or Slander - Mitigation of Damages - When Only Actual Damages Recoverable.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 11 - Defamation, Libel and Slander. › Section 6-5-185 - Libel or Slander - Mitigation of Damages - When Only Actual Damages Recoverable.
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Section 6-5-185
Libel or slander - Mitigation of damages - When only actual damages recoverable.
In an action of slander or libel, if a retraction as provided in Section 6-5-184 shall be published in such medium within 10 days of the date of the publication, then the plaintiff in such case shall recover only actual damages.
(Code 1907, §3751; Code 1923, §7362; Code 1940, T. 7, §915.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-11/section-6-5-186/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 11 - Defamation, Libel and Slander.›Section 6-5-186 - Prerequisites to Recovery of Vindictive or Punitive Damages in Action for Libel.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 11 - Defamation, Libel and Slander. › Section 6-5-186 - Prerequisites to Recovery of Vindictive or Punitive Damages in Action for Libel.
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Section 6-5-186
Prerequisites to recovery of vindictive or punitive damages in action for libel.
Vindictive or punitive damages shall not be recovered in any action for libel on account of any publication unless (1) it shall be proved that the publication was made by the defendant with knowledge that the matter published was false, or with reckless disregard of whether it was false or not, and (2) it shall be proved that five days before the commencement of the action the plaintiff shall have made written demand upon the defendant for a public retraction of the charge or matter published; and the defendant shall have failed or refused to publish within five days, in as prominent and public a place or manner as the charge or matter published occupied, a full and fair retraction of such charge or matter.
(Code 1907, §3750; Code 1923, §7361; Code 1940, T. 7, §914.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-11/section-6-5-187/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 11 - Defamation, Libel and Slander.›Section 6-5-187 - Truth of Charges Against Public Persons May Be Proved.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 11 - Defamation, Libel and Slander. › Section 6-5-187 - Truth of Charges Against Public Persons May Be Proved.
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Section 6-5-187
Truth of charges against public persons may be proved.
In civil actions for the publication of papers investigating the official conduct of officers or persons in public capacity or when the matter published is proper for public information, the truth thereof may be given in evidence.
(Code 1852, §2225; Code 1867, §2627; Code 1876, §2976; Code 1886, §2724; Code 1896, §1437; Code 1907, §3745; Code 1923, §7355; Code 1940, T. 7, §908.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-11/section-6-5-188/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 11 - Defamation, Libel and Slander.›Section 6-5-188 - Effect of Retraction and Tender of Money.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 11 - Defamation, Libel and Slander. › Section 6-5-188 - Effect of Retraction and Tender of Money.
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Section 6-5-188
Effect of retraction and tender of money.
If the defendant, after or before an action is commenced, makes the retraction recited in Sections 6-5-184 through 6-5-186 and also tenders to the plaintiff a compensation in money, bringing the same into court, the plaintiff can recover no costs if the jury believes and finds the tender was sufficient.
(Code 1852, §2222; Code 1867, §2624; Code 1876, §2973; Code 1886, §2729; Code 1896, §1442; Code 1907, §3752; Code 1923, §7363; Code 1940, T. 7, §916.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-11/section-6-5-189/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 11 - Defamation, Libel and Slander.›Section 6-5-189 - Effect of Tender of Money.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 11 - Defamation, Libel and Slander. › Section 6-5-189 - Effect of Tender of Money.
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Section 6-5-189
Effect of tender of money.
The receipt of money tendered before an action is commenced is a bar to the action and, if after an action is commenced, such releases the defendant from all damages and costs, except the costs which accrued before the tender and receipt of the money.
(Code 1852, §2223; Code 1867, §2625; Code 1876, §2974; Code 1886, §2730; Code 1896, §1443; Code 1907, §3753; Code 1923, §7364; Code 1940, T. 7, §917.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-12/section-6-5-200/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 12 - Adverse Possession.›Section 6-5-200 - When Title to Land Conferred or Defeated; When Claim May Be Defended or Prosecuted...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 12 - Adverse Possession. › Section 6-5-200 - When Title to Land Conferred or Defeated; When Claim May Be Defended or Prosecuted; Construction of Section.
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Section 6-5-200
When title to land conferred or defeated; when claim may be defended or prosecuted; construction of section.
(a) Adverse possession cannot confer or defeat title to land unless:
(1) The party setting it up shall show that a deed or other color of title purporting to convey title to him has been duly recorded in the office of the judge of probate of the county in which the land lies for 10 years before the commencement of the action;
(2) He and those through whom he claims shall have annually listed the land for taxation in the proper county for 10 years prior to the commencement of the action if the land is subject to taxation; or
(3) He derives title by descent cast or devise from a predecessor in the title who was in possession of the land.
(b) If the period during which the party's deed or color of title has been on record, added to the time during which the deeds or color of title of those through whom he claims have been on record, amounts to 10 years, he may defend or prosecute on his adverse possession, and an inadvertent failure to list the land for taxation, any unintentional mistake in the description of the assessment or unintentional omission of any part of it from the assessment during the period of 10 years shall not bar the party of his action or defense on his adverse possession.
(c) This section shall not be construed to affect in any way a title perfect by adverse possession before the adoption of this Code, nor to deprive any person of his rights under Sections 6-6-286 through 6-6-289, nor to affect cases involving a question as to boundaries between coterminous owners.
(Code 1896, §§1541-1546; Code 1907, §2830; Code 1923, §6069; Code 1940, T. 7, §828.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-13/section-6-5-210/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 13 - Real Property Actions Generally.›Section 6-5-210 - Rights Above and Below Surface.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13 - Real Property Actions Generally. › Section 6-5-210 - Rights Above and Below Surface.
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Section 6-5-210
Rights above and below surface.
The owner of realty having title downwards and upwards indefinitely, any unlawful interference with his rights, below or above the surface alike, gives him a right of action.
(Code 1907, §2457; Code 1923, §5663; Code 1940, T. 7, §87.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-13/section-6-5-211/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 13 - Real Property Actions Generally.›Section 6-5-211 - Slander of Title.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13 - Real Property Actions Generally. › Section 6-5-211 - Slander of Title.
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Section 6-5-211
Slander of title.
The owner of any estate in lands may commence an action for libelous or slanderous words falsely and maliciously impugning his title.
(Code 1907, §2459; Code 1923, §5665; Code 1940, T. 7, §89.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-13/section-6-5-212/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 13 - Real Property Actions Generally.›Section 6-5-212 - Bare Right of Possession.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13 - Real Property Actions Generally. › Section 6-5-212 - Bare Right of Possession.
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Section 6-5-212
Bare right of possession.
The bare right of possession to lands authorizes their recovery by the owner of such right and also damages for the withholding of the right.
(Code 1907, §2453; Code 1923, §5659; Code 1940, T. 7, §83.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-13/section-6-5-213/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 13 - Real Property Actions Generally.›Section 6-5-213 - Bare Possession.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13 - Real Property Actions Generally. › Section 6-5-213 - Bare Possession.
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Section 6-5-213
Bare possession.
The bare possession of land authorizes the possessor to recover damages from any person who wrongfully, in any manner, interferes with such possession.
(Code 1907, §2454; Code 1923, §5660; Code 1940, T. 7, §84.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-13/section-6-5-214/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 13 - Real Property Actions Generally.›Section 6-5-214 - Action for Trespass by Person Having Bare Title.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13 - Real Property Actions Generally. › Section 6-5-214 - Action for Trespass by Person Having Bare Title.
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Section 6-5-214
Action for trespass by person having bare title.
The person having title to lands, if no one is in actual possession under the same title with him, may commence an action for trespass thereon; and if a tenant is in possession and the trespass is such as injures the freehold, the owner, a remainderman, or reversioner may maintain trespass.
(Code 1907, §2455; Code 1923, §5661; Code 1940, T. 7, §85.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-13/section-6-5-215/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 13 - Real Property Actions Generally.›Section 6-5-215 - When Possession Disputed.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13 - Real Property Actions Generally. › Section 6-5-215 - When Possession Disputed.
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Section 6-5-215
When possession disputed.
Where two persons claim to have actual possession of the same land, he is deemed in possession who has the legal title, and the other is a trespasser.
(Code 1907, §2456; Code 1923, §5662; Code 1940, T. 7, §86.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-13/section-6-5-216/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 13 - Real Property Actions Generally.›Section 6-5-216 - Unlawful Interference With Right-of-Way.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13 - Real Property Actions Generally. › Section 6-5-216 - Unlawful Interference With Right-of-Way.
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Section 6-5-216
Unlawful interference with right-of-way.
The unlawful interference with the right-of-way, or of common, is a trespass to the party entitled thereto.
(Code 1907, §2458; Code 1923, §5664; Code 1940, T. 7, §88.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-13/section-6-5-217/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 13 - Real Property Actions Generally.›Section 6-5-217 - Damages for Continuous Trespass.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13 - Real Property Actions Generally. › Section 6-5-217 - Damages for Continuous Trespass.
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Section 6-5-217
Damages for continuous trespass.
Damages for continuous trespass are limited to those which have occurred before and up to the trial. Subsequent damages flowing from a continuance of the trespass give a new cause of action.
(Code 1907, §2460; Code 1923, §5666; Code 1940, T. 7, §90.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-13/section-6-5-218/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 13 - Real Property Actions Generally.›Section 6-5-218 - Rule of Prescription Regarding Damages Arising Out of Improvements to Real Propert...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13 - Real Property Actions Generally. › Section 6-5-218 - Rule of Prescription Regarding Damages Arising Out of Improvements to Real Property.
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Section 6-5-218
Rule of prescription regarding damages arising out of improvements to real property.
(a) No action in tort, contract, or otherwise shall be commenced against any person performing or furnishing the design, planning, supervision, or observation of construction or the construction of an improvement to real property more than seven years after the substantial completion of such improvement for the recovery of damages for:
(1) Any deficiency in the design, planning, supervision, or observation of construction or construction of such an improvement; or
(2) Injury to real or personal property caused by any such deficiency; or
(3) Injury to or wrongful death of a person caused by any such deficiency.
(b) The prohibition provided in this section shall apply to any action commenced against a person for his own act, or failure to act, or for the act, or failure to act, of his employees; likewise, the prohibition contained in this section shall extend to every demand, whether commenced by direct action or for contribution or indemnity or by third-party practice and whether commenced by an owner of the subject improvement or by any other person.
(c) Where an action for damage for wrongful death or injury to a person or damages to property, caused by any deficiency in an improvement to real property, is commenced against a person in actual possession or control as owner, tenant, or otherwise of such improvement, the prohibition prescribed by this section shall not be a defense for such person.
(d) This section shall not be construed to extend any applicable statute of limitations or time for commencing civil actions against any person performing or furnishing the design, planning, supervision, or observation of construction or the construction of an improvement to real property.
(e) As used in this section, the word "person" shall mean an individual, partnership, corporation, association, or any other legal entity.
(Acts 1969, No. 788, p. 1418, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-13a/section-6-5-220/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 13A - Actions Against Architects, Contractors, Engineers.›Section 6-5-220 - Definitions.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13A - Actions Against Architects, Contractors, Engineers. › Section 6-5-220 - Definitions.
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Section 6-5-220
Definitions.
As used in this article, the following words and phrases used herein shall have the following meaning ascribed to them:
(a) BUILDER. Any individual, partnership, firm, or corporation that constructed, or performed or managed the construction of, an improvement, or any portion thereof, on or to real estate, and at the time of the construction was licensed as a general contractor in the State of Alabama.
(b) ARCHITECT. Any individual who, at the time the architectural services were performed, was legally qualified to practice architecture and held an unexpired registration as an architect in the State of Alabama; any partnership, corporation, professional corporation, or professional association which, at the time the architectural services were performed, was legally qualified to practice architecture in the State of Alabama; and all employees or agents of the registered architect or of his or her entity or firm acting under the instruction, control, or supervision of the registered architect.
(c) ENGINEER. Any individual who, at the time the engineering services were performed, was legally qualified to practice engineering and held an unexpired registration as a professional engineer in the State of Alabama; any individual who, at the time the engineering services were performed, was legally qualified to practice engineering and was certified as an engineer-in-training in the State of Alabama; any partnership, firm, or corporation which, at the time the engineering services were performed, was legally qualified to practice engineering and held an unexpired certificate of authorization to practice engineering in the State of Alabama; and all employees or agents of the registered engineer or of his or her entity or firm acting under the instruction, control, or supervision of the registered engineer.
(d) SUBSTANTIAL COMPLETION OF CONSTRUCTION OR CONSTRUCTION OF IMPROVEMENT. The time at which the construction of the improvement on or to real estate is sufficiently completed so that the owner, tenant, or other person can occupy or utilize the improvement, or a designated portion thereof, for the use for which it is intended.
(e) CAUSE OF ACTION ACCRUES OR ARISES. The time when a person is injured, including injury which results in death, or when property is damaged as a proximate result of a defect or deficiency in design, planning, testing, supervision, administration, or observation of construction of an improvement by an architect or engineer or in the construction of an improvement on or to real estate, constructed, performed, or managed by a builder; or where the damage or injury either is latent or by its nature is not discoverable in the exercise of reasonable diligence at the time of its occurrence, the claim for relief shall be deemed to arise or accrue at the time the damage or injury is or in the exercise of reasonable diligence should have been first discovered, whichever is earlier. The cause of action accrues or arises whether or not the full amount of damages is apparent at the time of the first injury or damage, and cannot be extended as a continuous wrong. Property damage shall include both physical damages to, and defective condition of, the property.
(f) CONSTRUCTION or CONSTRUCTED. Includes building, constructing, erecting, fabricating, or assembling.
(g) IMPROVEMENT ON OR TO REAL PROPERTY. Anything that is constructed on or to real property, whether on, under, or over land or water, that enhances the value of real property permanently for general uses, including, without limitation, buildings, structures, fixtures, walls, fences, locks, dams, embankments, bulkheads, docks, jetties, drilling and other platforms and rigs, highways, bridges, canals, ditches, waterways, railroads, sewers, pipelines, pole lines, storage tanks, machinery, equipment and other improvements, and any extension, alteration, addition, or portion thereof.
(Acts 1994, No. 94-138, p. 183, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-13a/section-6-5-221/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 13A - Actions Against Architects, Contractors, Engineers.›Section 6-5-221 - Limitation on Time for Commencement of Action.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13A - Actions Against Architects, Contractors, Engineers. › Section 6-5-221 - Limitation on Time for Commencement of Action.
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Section 6-5-221
Limitation on time for commencement of action.
(a) All civil actions in tort, contract, or otherwise against any architect or engineer performing or furnishing the design, planning, specifications, testing, supervision, administration, or observation of any construction of any improvement on or to real property, or against builders who constructed, or performed or managed the construction of, an improvement on or to real property designed by and constructed under the supervision, administration, or observation of an architect or engineer, or designed by and constructed in accordance with the plans and specifications prepared by an architect or engineer, for the recovery of damages for:
(i) Any defect or deficiency in the design, planning, specifications, testing, supervision, administration, or observation of the construction of any such improvement, or any defect or deficiency in the construction of any such improvement; or
(ii) Damage to real or personal property caused by any such defect or deficiency; or
(iii) Injury to or wrongful death of a person caused by any such defect or deficiency;
shall be commenced within two years next after a cause of action accrues or arises, and not thereafter. Notwithstanding the foregoing, no relief can be granted on any cause of action which accrues or would have accrued more than seven years after the substantial completion of construction of the improvement on or to the real property, and any right of action which accrues or would have accrued more than seven years thereafter is barred, except where prior to the expiration of such seven-year period, the architect, engineer, or builder had actual knowledge that such defect or deficiency exists and failed to disclose such defect or deficiency to the person with whom the architect, engineer, or builder contracted to perform such service.
(b) This section shall apply to any civil action commenced against an architect, engineer, or builder as defined in this article, whether for his or her own act or omission or failure to act, for the act or omission or failure to act of his or her agents or employees, or for the act or omission or failure to act of any person or entity, its agents, or employees, who are acting under the instructions, control, or supervision of the architect, engineer, or builder.
(c) This section shall apply and extend to every action or demand, whether commenced by direct action, action for contribution or indemnity, or by counterclaim, cross-claim, or third party practice and whether commenced by an owner of the improvement or any other person.
(d) This section shall not apply to, shall not be a defense for, and does not proscribe a cause or right of action against any architect, engineer, or builder who, at the time the cause of action accrues or arises, is the owner or is in actual possession or control as owner, tenant, or otherwise of the improvement.
(e) When the architect, engineer, or builder has been the owner or the person in actual possession or control, in whatever capacity, of the improvement during the seven-year period after the substantial completion of construction of the improvement on or to real property, but not at the time the cause of action accrues or arises, the time of the ownership, possession, or control shall not be computed as a portion of the time necessary to create a bar for the action or of relief by virtue of the passage of time after the substantial completion of the improvement.
(Acts 1994, No. 94-138, p. 183, §2; Act 2011-519, p. 830, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-5/article-13a/section-6-5-222/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 5 - Actions.›Article 13A - Actions Against Architects, Contractors, Engineers.›Section 6-5-222 - Statute of Limitations - Computation of Period.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 5 - Actions. › Article 13A - Actions Against Architects, Contractors, Engineers. › Section 6-5-222 - Statute of Limitations - Computation of Period.
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Section 6-5-222
Statute of limitations - Computation of period.
Section 6-5-221 shall be subject to all existing provisions of law relating to the computation of statutory periods of limitation for the commencement of actions, set forth in Sections 6-2-1, 6-2-2, 6-2-3, 6-2-5, 6-2-6, 6-2-8, 6-2-9, 6-2-10, 6-2-13, 6-2-15, 6-2-16, 6-2-17, 6-2-30 and 6-2-39(b), as amended. Notwithstanding any provisions of Section 6-2-8, no disability set forth in Section 6-2-8 shall extend the period of limitations set forth in Section 6-5-221 so as to allow such action to be commenced more than seven years after the cause of action accrues; provided further, that notwithstanding any provisions of such sections, no relief can be granted for any cause of action which accrued, and any right of action is barred which would have accrued, more than seven years after the substantial completion of construction of such improvement.
(Acts 1994, No. 94-138, p. 183, §3; Act 2011-519, p. 830, §1.)
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