Bill > SB52

This bill mandates that courts must postpone (continue) both criminal and civil cases if a party, their primary attorney (leading attorney), or a witness is unavailable due to active military duty with the National Guard or any branch of the U.S. Armed Forces, provided certain conditions are met. For parties or attorneys, the client or attorney must affirm they cannot proceed safely without the absent individual, unless the present party or attorney is ready to proceed. For witnesses, the party requesting the continuance must prove the witness is essential, located out of state, and that a formal request for their testimony has been made to the military. In criminal cases where the state receives a continuance due to active military duty, the court must set bail for the defendant, with exceptions for violent offenses where bail is discretionary and for capital offenses where this provision does not apply. The bill also expresses the legislature's intent for the Alabama Supreme Court to update its rules to align with these changes and states the act will take effect on October 1, 2026.

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