Alabama Codes
Title 12 - Courts
Chapter 1 - Court Finances
- Article 1 General Provisions.
- Section 12-19-1 State responsibility for operating expenses of Unified Judicial System generally; supplementation of state expenditures by counties
Except as otherwise provided in this chapter, the operating expenses of the Unified Judicial System, exclusive of the expenses of probate courts and municipal ... - Section 12-19-2 Continuation of financial support by counties from January 16, 1977, through September 30, 1977
(a) All counties shall continue from January 16, 1977, through September 30, 1977, to support court services within their respective counties at not less ... - Section 12-19-3 Phasing of state assumption of financial responsibility for Unified Judicial System
The state assumption of financial responsibility for the Unified Judicial System shall be phased over three fiscal years as follows: (1) The state shall ... - Section 12-19-4 Provision and maintenance by municipalities of courtrooms and judicial and clerical facilities for certain district courts
Courtrooms and related judicial and clerical facilities for the district court shall be provided and maintained by the municipalities where the court shall sit ... - Section 12-19-5 Preparation of budget estimates as to state expenditures for trial courts of Unified Judicial System
The Administrative Director of Courts shall prepare budget estimates relating to state expenditures for the trial courts of the Unified Judicial System. ... - Section 12-19-6 Payment by state of salaries and expenses of personnel of Unified Judicial System
The salaries and expenses payable to personnel of the Unified Judicial System out of state funds shall be paid out of the State General ... - Section 12-19-7 Establishment and filing of special procedures for payment of juror fees, witness fees, etc
The Administrative Director of Courts shall, with the advice of the Department of Examiners of Public Accounts, establish special procedures for the prompt payment ... - Section 12-19-8 Inventory of equipment and furniture used in operation of trial courts other than municipal and probate courts; submission of inventory to county commission for approval, etc.; finality of decision of Administrative Director of Courts as to items to be transferred to state
(a) The Administrative Director of Courts shall forthwith inventory all equipment and furniture utilized in the operation of circuit courts and all other trial ... - Section 12-19-9 Transfer to state of title to county-owned equipment, furniture and supplies utilized in operation of judicial system
(a) The county-owned equipment and furniture used in the operation of the judicial system shall become the property of the state as follows: (1) ... - Section 12-19-10 Local purchasing procedures
In order to facilitate the prompt purchase and delivery of equipment, clerical office supplies, court forms, stationery and other printed court supplies, hereinafter referred ... - Article 2 Costs, Fees, Fines, etc., Generally.
- Section 12-19-20 Court fees in civil and criminal cases in circuit and district courts to be uniform; fees prescribed by chapter exclusive; exceptions
(a) Court fees in civil and criminal cases in the circuit court and district court shall be uniform for each type of case and ... - Section 12-19-21 Administrative Director of Courts to prescribe procedures for collection and distribution of court fees
The Administrative Director of Courts shall prescribe procedures for the collection and distribution of court fees. ... - Section 12-19-22 Assessment and distribution of fines, costs and fees in cases filed in circuit or district courts on or after January 16, 1977; assessment and distribution of fines, costs and fees in cases filed prior to January 16, 1977, in circuit courts and courts abolished; transfer to circuit clerks of costs, fees, etc., collected and in possession on January 15, 1977, of clerks of courts abolished
(a) In all cases filed in the district or circuit court on or after January 16, 1977, fines, costs and fees shall be assessed ... - Section 12-19-23 Fees collected from proceeds of judicial sale; payment into General Fund; application of section
(a) For each judicial sale in any district or circuit court in this state a fee, which shall equal one percent of the sales ... - Section 12-19-25 Applicability
(a) The increase in fees provided in this act shall in no instance operate to increase the municipal share of the docket fees collected ... - Section 12-19-26 Administrative fee for periodic payments; payment to General Fund; notice of fee
(a) There is hereby imposed an administrative fee of $1.00 to be collected by the clerks of the circuit and district courts and the ... - Article 3 Costs and Fees in Civil Cases.
- Division 1 General Provisions.
- Section 12-19-40 Posting of lists of fees by probate judges and furnishing of copies thereof
(a) Probate judges must keep posted, in a conspicuous place in their respective offices, a complete list of all the fees allowed by law ... - Section 12-19-41 Preparation of bills for fees or costs generally - Officers
All officers entitled to fees or costs must, on demand, make out a bill of such fees or costs, stating each item distinctly, and, ... - Section 12-19-42 Preparation of bills for fees or costs generally - Probate judges
It shall be the duty of the several probate judges to make out an itemized account for their official services before their fees are ... - Section 12-19-43 When fees allowed for services in proceedings before probate judges due
Except as otherwise provided by local act or general act with local application, fees allowed by law for services in connection with proceedings before ... - Section 12-19-44 Allowances for ex officio services
Persons entitled to an allowance by the county commission for what are commonly called ex officio services shall, before the allowance is made, itemize ... - Section 12-19-45 Maintenance of record book of fees received by probate judges
The probate judges must keep constantly in their offices, free to public inspection, a book in which must be entered all fees received by ... - Section 12-19-46 Liability for receiving unauthorized fees - Officers
Any officer authorized by law to take fees who knowingly receives any other or higher fees than are prescribed by law shall be liable ... - Section 12-19-47 Liability for receiving unauthorized fees - Probate judges
(a) Any probate judge who knowingly receives any other or higher fees than are allowed by law shall forfeit $50.00, to be recovered in ... - Section 12-19-48 Security for costs in suits by or for nonresidents in probate courts
The probate judge must take and approve security for costs in all suits within the jurisdiction of his court commenced by or for the ... - Section 12-19-49 Assessment of prepaid fees as costs against defendant; execution for prepaid fees assessed as costs against defendant; issuance of execution against plaintiff for unpaid fees where execution against defendant returned indicating "no property found."
(a) Prepaid fees shall be assessed as additional costs of the proceedings when costs are assessed against the defendant. (b) A plaintiff may have ... - Section 12-19-50 Issuance of execution against plaintiff or appellant for own costs; issuance of execution against sheriff, etc., failing to return, levy or collect execution issued against plaintiff or appellant for costs
(a) The Clerk of the Supreme Court, clerks of the courts of appeals, clerks of the circuit courts and probate judges, upon return of ... - Section 12-19-51 Submission of cost bill by district court clerk, payment of circuit court docket fee and making of final assessment of costs in circuit court upon appeals from district courts to circuit courts
If an appeal to the circuit court is taken in a civil case, the clerk in making records available to the circuit court shall ... - Section 12-19-52 Recovery of full costs by defendant upon showing of usurious interest
If it shall be made to appear that usurious interest has been intentionally taken or reserved, the defendant shall recover full costs. ... - Section 12-19-53 Entry of judgment for costs when judgment in action entered against nominal plaintiff
When judgment is entered against the plaintiff in any action brought in the name of a nominal plaintiff for the use of another, judgment ... - Section 12-19-54 Proceedings for retaxation of excessive costs in probate courts
(a) If the taxation of costs by a probate court is excessive by charging the costs of witnesses who were not examined, by charging ... - Division 2 Court Fees.
- Section 12-19-70 Circuit and district court docket fee - Creation; collection generally; waiver and taxation as costs at conclusion of case
(a) There shall be a consolidated civil filing fee, known as a docket fee, collected from a plaintiff at the time a complaint is ... - Section 12-19-71 Circuit and district court docket fee - Amount
(a) The filing fees which shall be collected in civil cases shall be: (1) Thirty-five dollars ($35) for cases filed on the small claims ... - Section 12-19-72 Circuit and district court docket fee - Distribution
The filing fees collected in civil cases shall be distributed as follows: (1) For cases filed on the small claims docket of the district ... - Section 12-19-73 Circuit and district court defendant service fees
(a) The following defendant service fees shall be collected in civil cases in circuit court and district court: For each defendant in excess of ... - Section 12-19-74 Circuit and district court fee for service of witness subpoenas
(a) In civil cases in circuit court and district court, for the issuance of witness subpoenas a fee of twelve dollars ($12) shall be ... - Section 12-19-75 Circuit and district court attachment, garnishment, and execution fees
(a) In civil cases in circuit court and district court there shall be collected a fee for the initiation of each of the following ... - Section 12-19-76 Circuit court fee for filing of report of sale of abandoned motor vehicle
Repealed by Act 2006-414, p. 1027, §2, effective July 1, 2006. ... - Division 3 Officers' Fees.
- Section 12-19-90 Judge of probate - Schedule of fees
(a) The following fees for service provided by the probate offices shall be charged and paid into the county treasury or to the judge ... - Section 12-19-90.1 Limitation on probate judges' income when on fee basis
Repealed by Act 2000-108, p. 148, §8, effective October 1, 2000. ... - Section 12-19-91 Clerks of Supreme Court or courts of appeals
(a) The clerks of the courts of appeal shall be entitled to receive the following fees for the following services, to be paid to ... - Section 12-19-92 Constables' fees generally; exception as to Jefferson County
(a) Constables shall be entitled to the following fees for the following services in civil cases in which the amount in controversy is less ... - Section 12-19-93 Coroners' fees generally
The coroners shall be entitled to receive, for services rendered by them in civil cases, the same fees as were allowed to sheriffs for ... - Section 12-19-94 Fees due constables and coroners for services in connection with circuit and district court proceedings
Fees due to constables and coroners for services in connection with district and circuit court proceedings shall be payable from the county treasury upon ... - Section 12-19-95 Collection, etc., of commissions on costs on executions by coroners or constables generally
No coroner or constable shall collect or reserve commissions on costs taxed in an execution put in his hands. The commissions allowed by law ... - Section 12-19-96 When coroners or constables entitled to receive full commissions
Coroners or constables shall not be entitled to full commissions until after actual levy of execution on property of the defendant and the money ... - Section 12-19-97 When coroners or constables entitled to receive only half commissions
When the coroner or constable has levied execution and, before sale, it is stayed by order of the plaintiff, the coroner or constable so ... - Section 12-19-98 Fees, etc., for keeping indexes not allowed
Clerks of the circuit courts and registers of the circuit courts are prohibited from receiving any fees or allowances out of the county treasury ... - Division 4 Jurors' Fees.
- Section 12-19-110 Circuit court
Regular and tales jurors serving in the circuit court in civil cases are entitled to the same fees and allowances as provided by law ... - Section 12-19-111 Probate court - Generally
Jurors in the probate court are entitled to the same pay as in the circuit court, except as otherwise provided in this article, upon ... - Section 12-19-112 Probate court - Ad quod damnum proceedings
The viewing jurors in cases of erection of dams and establishment of public mills and all jurors summoned under writs of ad quod damnum ... - Section 12-19-113 Probate court - Proceedings to pass upon soundness of mind of person
Jurors summoned under the provisions of this code to pass upon the soundness of mind of a person, with a view to the appointment ... - Division 5 Witnesses' Fees.
- Section 12-19-130 Circuit and district court witness fees generally
In civil cases in circuit court and district court, witness fees shall be collected in the amount prescribed by law and shall be distributed ... - Section 12-19-131 Attendance and mileage fees generally; limitations in same case and when attending more than one case
(a) Witnesses shall be allowed $1.50 per day in civil cases; also, $.05 per mile for each mile to and from their residence by ... - Section 12-19-132 Issuance to witness of certificate of sum entitled to for attendance, etc.; proof of attendance by witness
(a) After the trial, continuance of the cause or discharge of the witness, the clerk must, on his application and upon his oath, give ... - Section 12-19-133 Effect of certificate of attendance; obligation of witness to appear in same case when fees not paid
The certificate issued to the witness entitles him to demand, of the party summoning or at whose request he attended, the amount therein stated ... - Section 12-19-134 Taxation and collection of amount proved; limitation on number of witnesses to prove any one matter
(a) Upon the final disposition of any civil case, the amount proved by the witnesses, as provided in this article, must be taxed in ... - Section 12-19-135 Witness fees in probate court - Generally; inquisition proceedings regarding mental illness
Witnesses in proceedings in probate court are entitled to the same fees as in circuit court, to be taxed as costs, except in inquisition ... - Section 12-19-136 Witness fees in probate court - Ad quod damnum proceedings
Witnesses summoned in ad quod damnum proceedings, to assess the damages to real estate from taking land, are entitled to the same fees and ... - Section 12-19-137 Claims for payment of witness fees to be presented within three months from date of collection by clerk; payment of claims
Any person entitled to such witness fees shall present his claim for payment to the court clerk within three months from the date of ... - Section 12-19-138 Payment of nondisbursed fees to successors and furnishing of statement as to fees by court clerks
All court clerks in this state, upon the expiration of their several terms of office, shall pay over to their several successors in office ... - Article 4 Costs, Fees, Fines, etc., in Criminal Cases.
- Division 1 General Provisions.
- Section 12-19-150 Legislative intent; assessment of fees in criminal cases; submission of cost bill by municipal or district court clerk and making of final assessment of costs in circuit court upon appeals from municipal or district courts to circuit courts
(a) It is hereby declared to be the policy of the state that docket fees and other court costs in criminal cases shall generally ... - Section 12-19-151 Collection of docket fees and fines where defendants convicted of misdemeanors confess judgment for fees and fines
If the defendant is convicted of a misdemeanor and confesses judgment for the fees and fine, the fees set forth in Sections 12-19-170 through ... - Section 12-19-152 Distribution of fines collected in misdemeanor and felony cases generally
Except as otherwise provided in Chapter 14 of this title, fines collected in misdemeanor and felony cases shall be remitted to the State General ... - Section 12-19-153 Imposition of court costs by municipal courts; collection of municipal court costs, fines, etc., by circuit court clerks upon appeals to circuit courts from municipal courts
(a) Municipal courts may impose court costs pursuant to law. (b) In cases of appeal de novo from a municipal court and conviction of ... - Section 12-19-154 Distribution of docket fees, fines, etc., collected in municipal ordinance cases in district and circuit courts; payment of municipal share of docket fee
(a) Docket fees, fines and forfeitures collected in municipal ordinance cases in district court and in circuit court shall be distributed as follows: (1) ... - Section 12-19-155 Provisions not to increase municipal share of docket fees or fees applicable to traffic cases
Notwithstanding any provision of the law to the contrary, the increases in fees and costs provided in this act shall in no instance operate ... - Section 12-19-156 Prescribed fees for circuit and district courts to be exclusive
Except for the law library costs provided in Section 11-25-9 and the victims compensation costs provided in Section 15-23-17, the fees and costs prescribed ... - Division 2 Court Fees.
- Section 12-19-170 Docket fees to be uniform for criminal cases; exception for conservation cases
Docket fees for criminal cases shall be uniform by court level and type of case; except, that in all conservation cases the docket fee ... - Section 12-19-171 Schedule and distribution of fees - Juvenile and criminal cases in district and circuit courts
(a) The following docket fees shall be collected for juvenile and criminal cases in the district court and the circuit court: (1) District Court: ... - Section 12-19-172 Schedule and distribution of fees - Municipal ordinance cases in circuit and district courts
(a) The following docket fees shall be collected for municipal ordinance cases in the district court:(1) Traffic infraction $92.00 - Section 12-19-173 Distribution of docket fees - Cases in circuit and district courts in which bond forfeited
(a) The following distribution shall be made of docket fees in cases where the defendant forfeits bond in either the district court or circuit ...- Section 12-19-174 Distribution of docket fees - Felony cases in circuit court
(a) The following distribution shall be made of docket fees for felony cases in circuit court: (1) Ten dollars ($10) to the Peace Officers' ...- Section 12-19-175 Distribution of docket fees - Misdemeanor cases in circuit court
(a) The following distribution shall be made of docket fees for misdemeanors in circuit court: (1) Sixteen dollars ($16) to the Fair Trial Tax ...- Section 12-19-176 Distribution of docket fees - Felony guilty pleas in district court
(a) The following distribution shall be made of docket fees for felony guilty plea cases in district court: (1) Ten dollars ($10) to the ...- Section 12-19-177 Distribution of docket fees - Preliminary hearings in district court
The docket fee collected in circuit court for preliminary hearings in district court shall be remitted to the State General Fund. ...- Section 12-19-178 Distribution of docket fees - Misdemeanor cases in district court
(a) The following distribution shall be made of docket fees for misdemeanor cases in district court: (1) Seven dollars ($7) to the Police Officers' ...- Section 12-19-179 Distribution of docket fees - Traffic infractions in district court
(a) The following distribution shall be made of docket fees for traffic infractions in district court: (1) Three dollars ($3) to the Police Officers' ...- Section 12-19-180 Criminal history processing fee; allocation of monies; access to court data from within and without Unified Judicial System; user fees to be deposited in Court Automation Fund; section not bar to public access to court records
(a) In addition to all other costs, fees, or fines prescribed by law, each person convicted of a crime in a municipal, district, or ...- Section 12-19-181 Schedule and distribution of additional fees
(a) In addition to any other docket fees provided by law, including, but not limited to, the docket fees provided in Sections 12-19-171 and ...- Division 3 Officers' Fees.
- Section 12-19-190 Attorney General
In all criminal cases taken to the Supreme Court or Court of Criminal Appeals if judgment is there entered in favor of the state, ... - Section 12-19-191 Constables
(a) Constables shall be entitled to the following fees in criminal cases: (1) For executing a search warrant by day ..... $1.00 (2) For ... - Section 12-19-192 Coroners generally
(a) Coroners shall be entitled to the following fees: (1) For going to and returning from the place where he holds an inquest, for ... - Section 12-19-193 Fees for inquest; fees, etc., for postmortem examinations; payment of fees to coroners for services rendered in discharging duties of sheriff
(a) Fees for holding inquest shall be paid out of the county treasury, when the inquest has been held under the order of a ...
- Division 4 Jurors' Fees.
- Section 12-19-210 Grand and petit jurors generally
(a) Regular jurors, grand and petit, shall be entitled to $10.00 expense allowance for each day's services, $.05 for each mile traveled in going ... - Section 12-19-211 Tales jurors
Every person summoned for trial of a capital case under the provisions of this code or for service on a coroner's jury and attending ...
- Division 5 Witnesses' Fees.
- Article 5 Fair Trial Tax.
- Section 12-19-250 Imposition; assessment, collection
(a) There shall be levied and imposed a tax in the amount of sixteen dollars ($16), to be called the "fair trial tax," in ... - Section 12-19-250.1 Imposition of additional fee on every case; charge and collection; distribution to Fair Trial Tax Fund
Repealed by Act 99-427, p. 759, §12, 1999 Regular Session, effective June 10, 1999. ... - Section 12-19-251 Remittance into Fair Trial Tax Fund
When the fair trial tax is collected in circuit or district court, the clerk or register of the court, or the judge if there ... - Section 12-19-251.1 Retention of tax by municipalities when collected in municipal court; disposition of proceeds by municipalities
Notwithstanding the provisions of this article, when the "fair trial tax" levied and provided for in this article is collected, the clerk of the ... - Section 12-19-252 Annual appropriation from fund for payment of expenses of indigent defense generally; annual appropriation from State General Fund; payment of share of cost of maintaining public defender offices by counties
There is hereby appropriated from the Fair Trial Tax Fund, annually, such amount as may be necessary to pay the fees of counsel, court ... - Section 12-19-253 Expenditures from fund subject to control and approval of Governor
(a) Expenditures from the Fair Trial Tax Fund shall be subject to the control and approval of the Governor. (b) In his discretion the ... - Section 12-19-254 Disposition of unexpended and unencumbered balance in fund at close of fiscal year
Any unexpended and unencumbered balance remaining in the Fair Trial Tax Fund at the close of the state fiscal year shall not revert to ...
- Article 6 Litigation Accountability.
- Section 12-19-270 Short title
This article may be cited as the Alabama Litigation Accountability Act. ... - Section 12-19-271 Definitions
The following words and phrases as used in this article, have the meaning ascribed to them in this section, unless the context clearly requires ... - Section 12-19-272 Court to award fees and costs against attorney or party who brought action without substantial justification; voluntary dismissal
(a) Except as otherwise provided in this article, in any civil action commenced or appealed in any court of record in this state, the ... - Section 12-19-273 Court to exercise sound discretion and specifically set forth reasons for award; factors to be considered
In determining the amount of an award of costs or attorneys' fees, the court shall exercise its sound discretion. When granting an award of ... - Section 12-19-274 Attorney's fees negotiated in private; court may approve stipulations
Nothing in this article shall be construed to prevent an attorney and his client from negotiating in private the actual fee which the client ... - Section 12-19-275 Application
This article shall apply to any suit or claim or defense or appeal filed subsequent to June 11, 1987. It shall also apply to ... - Section 12-19-276 Provisions cumulative
The provisions of this article are cumulative and in addition to the damages which may be awarded for a frivolous appeal pursuant to Rule ...
- Article 7 Advanced Technology and Data Exchange Fund
- Section 12-19-290 Created; purposes; payments
(a) The Advanced Technology and Data Exchange Fund is created in the State Treasury. (b) The fund shall consist of all monies paid into ...
- Section 12-19-173 Distribution of docket fees - Cases in circuit and district courts in which bond forfeited