Bill > HB58

This bill establishes provisions for continuing criminal and civil cases when a party, attorney, or witness is on active military duty. For both criminal and civil cases, courts are required to grant a continuance (delay) if the party, leading attorney, or a key witness is absent due to active military service in the National Guard or Armed Forces. To qualify for the continuance, specific conditions must be met: in the case of an absent attorney, the client must swear they cannot safely proceed to trial without the attorney, and vice versa. For witnesses, the party seeking the continuance must demonstrate that the witness is material and necessary, is located outside the state, and has submitted a formal request to the appropriate military authority for the witness's testimony. In criminal cases, the bill also addresses bail requirements, mandating that courts set bail when the state is granted a continuance, with exceptions for violent offenses and capital offenses. The bill directs the Alabama Supreme Court to amend its rules to align with these provisions and is set to become effective on October 1, 2026, providing additional protections and procedural guidelines for military service members involved in legal proceedings.

Justice

https://alison.legislature.state.al.us/bill-search