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Bill > SB53


AL SB53

AL SB53
Criminal and civil procedure; continuance of case when party, attorney, or witness is on active military duty; bail required to be set in such cases subject to conditions


summary

Introduced
01/13/2026
In Committee
01/13/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

Criminal and civil procedure; continuance of case when party, attorney, or witness is on active military duty; bail required to be set in such cases subject to conditions

AI Summary

This bill mandates that courts must postpone (continue) criminal and civil cases if a party, their main attorney, or a crucial 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, such as the attorney or party confirming they cannot proceed without the absent individual, or a party demonstrating a witness's unavailability and materiality. In criminal cases where the state receives a continuance due to a party or witness's military service, the court must set bail for the defendant, unless the defendant is accused of a violent offense (where bail is optional) or a capital offense (where this bail 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 the act will take effect on October 1, 2026.

Committee Categories

Justice

Sponsors (1)

Last Action

Senate Judiciary Hearing (14:00:00 3/3/2026 Room 325) (on 03/03/2026)

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