There is a newer version of the Code of Alabama
2013 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.
- Section 6-5-2 - Right to commence actions - In foreign jurisdictions.
- Section 6-5-3 - Right to commence actions - By successor of public officer.
- Section 6-5-4 - Recovery of public moneys, funds or property.
- Section 6-5-30 - Right of aggrieved person to commence action.
- Section 6-5-31 - Assignment of breaches on penal bonds or other writings.
- Section 6-5-70 - Furnishing liquor to minors.
- 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.
- Section 6-5-72 - Liability of person for injury to third party in consequence of selling or furnishing controlled substance to minor.
- Section 6-5-100 - Fraud - Right of action generally.
- Section 6-5-101 - Fraud - Misrepresentations of material facts.
- Section 6-5-102 - Suppression of material facts.
- Section 6-5-103 - Deceit - Right of action generally.
- Section 6-5-104 - Deceit - Fraudulent deceit.
Division 1 General Provisions.
- Section 6-5-120 - Defined.
- Section 6-5-121 - Distinction between public and private nuisances; right of action generally.
- Section 6-5-122 - Public nuisances - Abatement or enjoining by municipalities.
- Section 6-5-123 - Public nuisances - Special damage to individual.
- Section 6-5-124 - Right of action for private nuisance.
- Section 6-5-125 - Injunction before completion.
- Section 6-5-126 - Rights and responsibilities of alienees for continuance.
- Section 6-5-127 - Nuisance exceptions; right of action for pollution of waters, etc.; relation to municipal ordinances.
- Section 6-5-140 - Definitions.
- Section 6-5-141 - Who deemed guilty of maintaining nuisance.
- Section 6-5-142 - By whom action to abate and perpetually enjoin nuisance commenced.
- Section 6-5-143 - Venue; filing of complaint; application for preliminary injunction.
- Section 6-5-144 - Bond for preliminary injunction or temporary restraining order prior to hearing.
- Section 6-5-145 - Issuance and return of temporary restraining order; return of inventory; contempt for violation of restraining order.
- Section 6-5-146 - Service of complaint on and answer by defendants; granting of preliminary injunction.
- Section 6-5-147 - Closing place pending final decision - Order.
- Section 6-5-148 - Closing place pending final decision - Release of property on bond.
- Section 6-5-149 - Precedence of action over other cases; evidence; dismissal of action; continuance; costs; judgment.
- Section 6-5-150 - Grant and effect of permanent injunction.
- Section 6-5-151 - Order of abatement; sale of property.
- Section 6-5-152 - Fees of officers selling property, etc.
- Section 6-5-153 - Effect of establishment of nuisance in criminal proceedings.
- Section 6-5-154 - Violations constituting contempt; proceedings thereon.
- Section 6-5-155 - Legislative findings and declarations.
- Section 6-5-155.1 - Definitions.
- Section 6-5-155.2 - Who may file action to abate, enjoin, and prevent drug-related nuisance; commencement of action.
- Section 6-5-155.3 - Contents of complaint; supporting affidavits.
- Section 6-5-155.4 - Service of summons and complaint.
- Section 6-5-155.5 - Motion for preliminary injunction; consolidation of trial with hearing on motion; other equitable relief.
- Section 6-5-155.6 - Issuance of ex parte restraining order; service; inventory of property relating to nuisance; violation of order; contempt of court.
- Section 6-5-155.7 - Civil penalty.
- Section 6-5-155.8 - Protection of witnesses.
- Section 6-5-155.9 - Previous conviction not required.
- Section 6-5-156 - Security bond.
- Section 6-5-156.1 - Evidence of general reputation of property.
- Section 6-5-156.2 - Dismissal of complaint filed by private citizen; prosecution by district attorney or prosecuting attorney; substitution of complainant.
- Section 6-5-156.3 - Standard of proof; damages and other relief; jurisdiction and powers of court; appointment of receiver; eviction of tenant.
- Section 6-5-156.4 - Violation of court order; additional orders necessary to abatement; suspension or cancellation of order.
- Section 6-5-156.5 - Frivolous or bad faith action.
- Section 6-5-160 - Legislative findings.
- Section 6-5-160.1 - Cause of action for public nuisance.
- Section 6-5-160.2 - Security bond for preliminary injunction, etc.
- Section 6-5-160.3 - Standards of proof; remedies; enforcement.
- Section 6-5-160.4 - Violation, suspension, cancellation of abatement order.
- Section 6-5-180 - Import of accusations of false swearing or commission of crime.
- Section 6-5-181 - Words falsely imputing woman's chastity actionable.
- Section 6-5-182 - Libel or slander - Burden of proof.
- Section 6-5-183 - Libel or slander - Mitigation of damages - Evidence of truth or circumstances.
- Section 6-5-184 - Libel or slander - Mitigation of damages - Retraction.
- Section 6-5-185 - Libel or slander - Mitigation of damages - When only actual damages recoverable.
- Section 6-5-186 - Prerequisites to recovery of vindictive or punitive damages in action for libel.
- Section 6-5-187 - Truth of charges against public persons may be proved.
- Section 6-5-188 - Effect of retraction and tender of money.
- Section 6-5-189 - Effect of tender of money.
- Section 6-5-210 - Rights above and below surface.
- Section 6-5-211 - Slander of title.
- Section 6-5-212 - Bare right of possession.
- Section 6-5-213 - Bare possession.
- Section 6-5-214 - Action for trespass by person having bare title.
- Section 6-5-215 - When possession disputed.
- Section 6-5-216 - Unlawful interference with right-of-way.
- Section 6-5-217 - Damages for continuous trespass.
- Section 6-5-218 - Rule of prescription regarding damages arising out of improvements to real property.
- Section 6-5-220 - Definitions.
- Section 6-5-221 - Limitation on time for commencement of action.
- Section 6-5-222 - Statute of limitations - Computation of period.
- Section 6-5-223 - Applicability.
- Section 6-5-224 - Causes of action barred under existing law.
- Section 6-5-225 - Time for commencement of action against architects, engineers, and builders.
- Section 6-5-226 - Causes of action not abrogated.
- Section 6-5-227 - Causes of action for breach of written express warranty, contract, or indemnity against architects, engineers, and builders.
- Section 6-5-228 - Actions relating to sale or disposition of real estate; actions against persons other than architects, engineers or builders.
Article 14A Redemption of Real Estate.
- Section 6-5-247 - Definitions.
- Section 6-5-248 - Who may redeem; priorities.
- Section 6-5-249 - Rights under this article extended to executors and administrators.
- Section 6-5-250 - Characterization of rights of redemption under this article.
- Section 6-5-251 - Delivery of possession to purchaser on demand.
- Section 6-5-252 - Demand for statement of debt and lawful charges by person entitled to redeem.
- Section 6-5-253 - Payment or tender of purchase money and other lawful charges, with interest.
- Section 6-5-254 - Payment of value of permanent improvements; how value of improvements ascertained.
- Section 6-5-255 - Failure or refusal of purchaser to reconvey title.
- Section 6-5-256 - Settlement and adjustment of rights and equities by circuit court when complaint filed.
- Section 6-5-257 - Applicability.
- Section 6-5-260 - Deprivation of owner of possession.
- Section 6-5-261 - Interference with mere possession.
- Section 6-5-262 - Trespass - Generally.
- Section 6-5-263 - Trespass - Bailments.
- Section 6-5-264 - Rights of remainderman or reversioner.
- Section 6-5-270 - Legislative findings.
- Section 6-5-271 - Liability for theft or attempted theft; liability of parents of unemancipated minor; liability for defrauding an eating establishment; liability of foster home.
- Section 6-5-272 - Conviction or plea of guilty not prerequisite to suit; letter of demand for remittance.
- Section 6-5-273 - Jurisdiction of courts.
- Section 6-5-274 - Attorney's fees.
- Section 6-5-275 - Construction of article.
- Section 6-5-280 - Breach of contract - Limitation on actions.
- Section 6-5-281 - Breach of contract - Successive actions.
- Section 6-5-282 - Breach of contract - Ratable compensation for services.
- Section 6-5-283 - Joint obligations and promises.
- Section 6-5-284 - Instrument lost or destroyed by theft, etc.; evidence of loss, destruction and contents; execution bond.
- Section 6-5-285 - Holder of worthless check, draft, or order.
- Section 6-5-286 - Defenses to actions on promissory notes, bonds, or other contracts.
- Section 6-5-287 - Impeachment of or inquiry into consideration of sealed instruments.
- Section 6-5-330 - Breach of contract to marry.
- Section 6-5-331 - :Alienation of affections, criminal conversation, and seduction.
- Section 6-5-332 - Persons rendering emergency care etc., at scene of accident, etc.
- Section 6-5-332.1 - Immunity of persons assisting or advising as to mitigation of effects of discharge of hazardous materials; nonimmunity of certain persons.
- Section 6-5-332.2 - Immunity of persons responding to oil spills.
- Section 6-5-332.3 - Use of automated external defibrillator.
- Section 6-5-333 - Dentists, chiropractors, and physicians serving on utilization and quality control committees, peer review committees, or professional standards review committees; consultants thereto and employees thereof; dental, chiropractic and medical societies and associations; appeal to Alabama Dental Association; confidentiality.
- Section 6-5-334 - Employees of medical services administration, etc., investigating and bringing charges against doctors, etc., relating to fraud or abuse of Medicaid program, etc.
- Section 6-5-335 - Volunteer firemen or rescue squad members entering burning buildings, etc., and attempting to preserve and protect said buildings, property therein, etc.
- Section 6-5-336 - Volunteers.
- Section 6-5-337 - Immunity of those involved in equine activities.
- Section 6-5-338 - Immunity from tort liability for conduct in the line of duty; limitation; certain employers of off-duty officers to maintain liability coverage; penalty for failure to maintain.
- Section 6-5-339 - Volunteer medical professionals.
- Section 6-5-340 - Computer failure or malfunction.
- Section 6-5-341 - Liability for operation or use of sport shooting range.
- Section 6-5-342 - Skateboarding, roller skating in parks or rinks.
- Section 6-5-343 - Liability for farmer allowing nonprofit entity onto property.
- Section 6-5-344 - Volunteer athletic coach, manager, or official.
- Section 6-5-345 - Duty of care owed by possessor of real property to certain trespassers.
- Section 6-5-346 - Defense of self, others, and property.
- Section 6-5-347 - Agritourism.
- Section 6-5-350 - Action by unmarried woman under 19 years of age.
- Section 6-5-351 - Action by father or mother for seduction of daughter.
- Section 6-5-410 - Wrongful act, omission, or negligence causing death.
- Section 6-5-411 - Injuries to decedent's property resulting from wrongful act, etc., causing death.
- Section 6-5-460 - Abatement - Actions by or against unmarried women not abated upon marriage.
- Section 6-5-461 - Abatement - Actions by informers.
- Section 6-5-462 - Survival - Claims by and against personal representative in proceedings not of an equitable nature.
- Section 6-5-463 - Survival - Real property claims to which actions filed.
- Section 6-5-464 - Survival - Claims equitable in nature.
- Section 6-5-465 - Survival - Substitution of personal representative where no action filed.
- Section 6-5-466 - Revival in case of death of one or more defendants jointly sued.
- Section 6-5-480 - Short title.
- Section 6-5-481 - Definitions.
- Section 6-5-482 - Limitation on time for commencement of action.
- Section 6-5-483 - Elimination of ad damnum clause in complaints.
- Section 6-5-484 - Degree of care owed to patient.
- Section 6-5-485 - Settlement of disputes by arbitration.
- Section 6-5-486 - Optional method of payment of judgments in excess of $100,000.
- Section 6-5-487 - Advance payments by defendant or insurer not admission of liability; advance payments in excess of award not repayable.
- Section 6-5-488 - Rules of evidence and procedures in civil actions preserved.
Division 1 Limitation Periods.
- Section 6-5-500 - Intent of Legislature; legislative findings.
- Section 6-5-501 - Definitions.
- Section 6-5-502 - Limitation periods for product liability actions.
- Section 6-5-503 - Applicability of division; not retroactive.
- Section 6-5-504 - Sections, clauses, etc., of division inseparable and nonseverable.
- Section 6-5-520 - Intent of Legislature; legislative findings; collateral source rule modified.
- Section 6-5-521 - "Product liability action" defined.
- Section 6-5-522 - Evidence of medical expense reimbursement mitigates damages; cost of obtaining reimbursement recoverable.
- Section 6-5-523 - Reimbursement for medical expenses discoverable.
- Section 6-5-524 - Evidence of reimbursement inadmissible if recipient must repay.
- Section 6-5-525 - Prior rights not affected.
- Section 6-5-540 - Legislative intent.
- Section 6-5-541 - Short title; construction.
- Section 6-5-542 - Definitions.
- Section 6-5-543 - Damages against health care provider to be itemized; future damages over $150,000 to be paid by periodic payments over period of years; judgment to specify payment terms; requirement to post security or provide evidence of insurance; future damages not to be reduced to present value; attorney's fees; termination of periodic payments; contempt of court upon continuing pattern of failure to make payments; modification of judgment; legislative intent.
- Section 6-5-544 - Recovery of noneconomic losses; limitation of such losses; mistrial if jury advised of limitation.
- Section 6-5-545 - Evidence admissible that medical expenses will be reimbursed; information subject to discovery.
- Section 6-5-546 - Venue of actions; transfer.
- Section 6-5-547 - One million dollar limit on judgments; mistrial if jury advised of limitation.
- Section 6-5-548 - Burden of proof; reasonable care as similarly situated health care provider; no evidence admitted of medical liability insurance.
- Section 6-5-549 - Standard of proof shall be proof by substantial evidence; scintilla rule of evidence abolished; instruction to jury.
- Section 6-5-549.1 - Limits of liability insurance coverage in legal action against health care providers; testimony of health care providers as specialists.
- Section 6-5-550 - Cause of action for malicious prosecution of civil action against health care provider.
- Section 6-5-551 - Complaint to detail circumstances rendering provider liable; discovery.
- Section 6-5-552 - Application.
- Section 6-5-570 - Statement of legislative intent.
- Section 6-5-571 - Short title.
- Section 6-5-572 - Definitions.
- Section 6-5-573 - Creation of one form of action against legal service providers.
- Section 6-5-574 - Limitation on time for commencement of legal service liability action.
- Section 6-5-575 - Settlement of disputes by voluntary arbitration.
- Section 6-5-576 - Advance payments by defendant or insurer not admission of liability; advance payments in excess of award not repayable.
- Section 6-5-577 - Rules of evidence and procedures in civil actions preserved.
- Section 6-5-578 - Effect of compliance or violation of the rules of professional conduct.
- Section 6-5-579 - Severability of underlying action and available defenses.
- Section 6-5-580 - Standards of care.
- Section 6-5-581 - Applicability and effect on inconsistent provisions of law.
- Section 6-5-600 - Definitions.
- Section 6-5-601 - Right of action for diversion or unauthorized use of utility services.
- Section 6-5-602 - Damages.
- Section 6-5-603 - Effect of criminal conviction.
- Section 6-5-604 - Determination of estimated lost revenue.
- Section 6-5-605 - Application of terms "utilities" and "public utility".
- Section 6-5-620 - Statement of legislative intent.
- Section 6-5-621 - Definitions.
- Section 6-5-622 - Damages.
- Section 6-5-623 - Defenses.
- Section 6-5-624 - Limitation on time for commencement of action.
- Section 6-5-625 - Construction with other criminal laws.
- Section 6-5-640 - Scope and effect on other laws or rules.
- Section 6-5-641 - Certification of classes.
- Section 6-5-642 - Appeal of certification order.
- Section 6-5-660 - Short title
- Section 6-5-661 - Legislative findings.
- Section 6-5-662 - Definitions.
- Section 6-5-663 - Liability of volunteer medical professionals.
- Section 6-5-680 - Definitions.
- Section 6-5-681 - Applicability of limitations.
- Section 6-5-682 - Limitations of liability.
- Section 6-5-683 - Fair market value of total gross assets.
- Section 6-5-684 - Adjustment of fair market value of total gross assets.
- Section 6-5-685 - Application of article.
- Section 6-5-700 - Definitions.
- Section 6-5-701 - Reliance upon specifications.
- Section 6-5-702 - Compliance with contract documents.
- Section 6-5-703 - Notification of potentially dangerous conditions.
- Section 6-5-704 - Claims by noncontractual third parties.
- Section 6-5-705 - Dangerous conditions outside scope of project.
- Section 6-5-706 - Improper maintenance following conclusion of project.
- Section 6-5-707 - Damage to property of utility.
- Section 6-5-708 - Accrual of action.
- Section 6-5-709 - Construction of article.
- Section 6-5-710 - Definitions.
- Section 6-5-711 - Exemption from civil liability for certain professional firms and employees providing construction monitoring services.
- Section 6-5-712 - Construction and application of article.
- Section 6-5-730 - Short title.
- Section 6-5-731 - Definitions.
- Section 6-5-732 - Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food - Exemptions from civil actions.
- Section 6-5-733 - Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food - Permitted civil actions.
- Section 6-5-734 - Pleading requirements; stay of discovery.
- Section 6-5-735 - Construction of article.
- Section 6-5-736 - Application of article.
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