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2014 Code of Alabama
Title 6 - CIVIL PRACTICE.
Chapter 6 - REMEDIES.
Article 1 Settlement of Controversies.Division 1 Arbitration and Award.
- Section 6-6-1 - Duty of courts to encourage settlement of pending controversies.
- Section 6-6-2 - Reference of controversy when no action pending to arbitrators.
- Section 6-6-3 - Statement of dispute; naming of arbitrators; delivery of submission with list of witnesses.
- Section 6-6-4 - Arbitrators - Duties generally.
- Section 6-6-5 - Arbitrators - Substitution; award by majority.
- Section 6-6-6 - Arbitrators - Oath.
- Section 6-6-7 - Arbitrators - Power to subpoena witnesses, administer oaths and take depositions.
- Section 6-6-8 - Subpoena of witnesses - Execution.
- Section 6-6-9 - Subpoena of witnesses - Liability on default.
- Section 6-6-10 - Fees and charges - Arbitrators, witnesses, sheriffs and constables; how paid.
- Section 6-6-11 - Fees and charges - Refusal to testify or deliver award until paid; recovery by party not liable therefor.
- Section 6-6-12 - Award - Proceedings when not performed; force and effect.
- Section 6-6-13 - Award - Enforcement.
- Section 6-6-14 - Award - Conclusive between parties and final; exceptions.
- Section 6-6-15 - Award - Appeals.
- Section 6-6-16 - Common-law arbitration not precluded.
- Section 6-6-26 - Short title.
- Section 6-6-26.01 - Definitions.
- Section 6-6-26.02 - Applicability.
- Section 6-6-26.03 - Collaborative law participation agreement; requirements.
- Section 6-6-26.04 - Beginning and concluding collaborative law process.
- Section 6-6-26.05 - Proceedings pending before tribunal; status report.
- Section 6-6-26.06 - Emergency order.
- Section 6-6-26.07 - Approval of agreement by tribunal.
- Section 6-6-26.08 - Disqualification of collaborative lawyer and lawyers in associated law firm.
- Section 6-6-26.09 - Low income parties.
- Section 6-6-26.10 - Governmental entity as party.
- Section 6-6-26.11 - Disclosure of information.
- Section 6-6-26.12 - Standards of professional responsibility and mandatory reporting not affected.
- Section 6-6-26.13 - Appropriateness of collaborative law process.
- Section 6-6-26.14 - Coercive or violent relationship.
- Section 6-6-26.15 - Confidentiality of collaborative law communication.
- Section 6-6-26.16 - Privilege against disclosure for collaborative law communication; admissibility; discovery.
- Section 6-6-26.17 - Waiver and preclusion of privilege.
- Section 6-6-26.18 - Limits of privilege.
- Section 6-6-26.19 - Authority of tribunal in case of noncompliance.
- Section 6-6-26.20 - Uniformity of application and construction.
- Section 6-6-26.21 - Relation to Electronic Signatures in Global and National Commerce Act.
Division 1 General Provisions.Division 2 Issuance.
- Section 6-6-40 - Form.
- Section 6-6-41 - Matters for which issued.
- Section 6-6-42 - Cases in which issued.
- Section 6-6-43 - By whom issued.
- Section 6-6-44 - Oath of plaintiff.
- Section 6-6-45 - Execution of bond by plaintiff; discharge of levy.
- Section 6-6-46 - When additional affidavit of special facts and circumstances to determine amount of levy required; reduction of sum.
- Section 6-6-47 - By executors and administrators.
- Section 6-6-48 - By one nonresident against another nonresident.
- Section 6-6-49 - By foreign or domestic corporations.
- Section 6-6-50 - Security for costs by nonresident or foreign corporation.
- Section 6-6-51 - Against foreign corporations.
- Section 6-6-52 - When issued and executed on Sunday.
- Section 6-6-53 - Return of bond and affidavit.
- Section 6-6-70 - On what property and persons; endorsement on writ; taking of property into possession.
- Section 6-6-71 - Proceedings with garnishees.
- Section 6-6-72 - Levy on joint or separate property.
- Section 6-6-73 - Levy in any county; holding of attached property.
- Section 6-6-74 - Branch writs.
- Section 6-6-75 - Alias writs of attachment or new writs of garnishment.
- Section 6-6-76 - Creation of lien.
- Section 6-6-77 - Sale of property levied on where perishable or expensive to keep.
- Section 6-6-78 - Order for receipt of sale proceeds by plaintiff pending action upon executing refunding bond; notice of and hearing on motion therefor; forfeiture of bond; payment to defendant.
- Section 6-6-79 - Proceedings against sheriff and sureties for money received in sale of perishables.
- Section 6-6-80 - Indemnification of sheriff by plaintiff.
- Section 6-6-81 - Notice of levy - Nonresident defendant.
- Section 6-6-82 - Notice of levy - Resident defendants.
- Section 6-6-100 - By whom; execution of bond.
- Section 6-6-101 - Forfeiture of bond; execution on bond.
- Section 6-6-102 - Tender of value if property dead or destroyed.
- Section 6-6-120 - In aid of pending action.
- Section 6-6-121 - When defendants evade service of process; dismissal of attachment.
- Section 6-6-140 - Filing of complaint in actions begun by attachment - Time.
- Section 6-6-141 - Filing of complaint in actions begun by attachment - Issuance and service of summons; default judgment.
- Section 6-6-142 - Dismissal of attachment.
- Section 6-6-143 - Construction of attachment law; amendments; dismissal.
- Section 6-6-144 - Suspending entry of judgment - Against executor or administrator.
- Section 6-6-145 - Suspending entry of judgment - Against defendant while claims, etc., settled.
- Section 6-6-146 - Restoration of property to claimant at plaintiff's cost.
- Section 6-6-147 - Execution upon judgment by plaintiff.
- Section 6-6-148 - Action by defendant - On attachment bond for damages.
- Section 6-6-149 - Action by defendant - Venue for actions on injunction bond or attachment bond in cases of injunction or bankruptcy.
- Section 6-6-160 - Claim of persons not party to writ of execution or attachment, etc., to personal property levied on; affidavit and bond; delivery of property to claimant.
- Section 6-6-161 - Return of writ, bond and affidavit; issue made up; burden of proof.
- Section 6-6-162 - Assessment of property value and damages for delay.
- Section 6-6-163 - Forfeiture of claimant's bond; execution for amount of judgment, damages and costs.
- Section 6-6-164 - Claims based on mortgage or lien; ascertainment of amount; payment by plaintiff; sale of property and application of proceeds.
- Section 6-6-165 - Return - Where execution issued from probate court; trial in circuit court; return of execution on forfeited bond.
- Section 6-6-166 - Return - Where levy made in different county than where judgment entered or original attachment issued; trial in circuit court; effect of copies; forfeiture of bond.
- Section 6-6-167 - Levy on other property by plaintiff not precluded.
- Section 6-6-168 - Release of sheriff from damages for seizure.
Division 1 General Provisions.
- Section 6-6-181 - Complaint to compel discovery, etc., of property - Intent to hinder, delay, or defraud creditors; charge of fraud to be answered; use of answer as evidence on fraud indictment.
- Section 6-6-180 - Complaint to compel discovery, etc., of property - Execution for money not satisfied.
- Section 6-6-182 - Complaint to compel discovery, etc., of property - Creditor without lien.
- Section 6-6-183 - Complaint for discovery of assets - Execution returned "no property found" or creditor without lien or judgment; answer of debtor.
- Section 6-6-184 - Complaint for discovery of assets - Joinder of judgment creditors, creditors without liens, or judgments and assignees of judgments.
- Section 6-6-185 - Complaint for discovery of assets - Orders or judgments; appointment of receiver.
- Section 6-6-186 - Examination of debtor as to his property, etc.
- Section 6-6-187 - Subjecting unpaid subscriptions to satisfy payment of judgment against corporation.
- Section 6-6-200 - Statement of assets - Notice to debtor to file; contents.
- Section 6-6-201 - Statement of assets - Order to appear before court for oral examination; production of papers, etc.
- Section 6-6-202 - Statement of assets - Refusal to file or submit to oral examination.
- Section 6-6-203 - Taxation of costs.
- Section 6-6-204 - Remedy deemed cumulative.
- Section 6-6-220 - "Person" defined.
- Section 6-6-221 - Purpose, construction and administration of article.
- Section 6-6-222 - Power of courts of record; form and effect of declarations.
- Section 6-6-223 - Construction or validity of instruments, statutes, ordinances, contracts, or franchises.
- Section 6-6-224 - Construction of contracts before or after breach.
- Section 6-6-225 - Questions on administration of trust or estate of a decedent, etc.
- Section 6-6-226 - Enumeration in Sections 6-6-223, 6-6-224, and 6-6-225 not exclusive.
- Section 6-6-227 - Persons to be made parties; rights of persons not parties.
- Section 6-6-228 - Determination of issue of fact.
- Section 6-6-229 - When refusal proper.
- Section 6-6-230 - Granting of further relief; application therefor; order to show cause.
- Section 6-6-231 - Awarding of costs.
- Section 6-6-232 - Review of orders and judgments.
- Section 6-6-250 - Duty of clerk to require taking of property by sheriff unless defendant gives bond; disposition of property on failure to give bond.
- Section 6-6-251 - Service of process in action for recovery of household furniture and equipment; effect thereof.
- Section 6-6-252 - Intervention by claimant of property; disposition of property.
- Section 6-6-253 - Interpleader by defendant of adverse claimant of property; force and effect of bonds given.
- Section 6-6-254 - Return of bonds; liability of sheriff for failing to do so; compelling making of return.
- Section 6-6-255 - Proceedings when officer fails to find and take property.
- Section 6-6-256 - Assessment of value and damages and judgment - Trial of action.
- Section 6-6-257 - Assessment of value and damages and judgment - Dismissal of action.
- Section 6-6-258 - Assessment of value and damages and judgment - Failure of defendant to appear and plead.
- Section 6-6-259 - Actions by mortgagees or vendor in conditional sale contract, etc., against mortgagors or vendees, etc.
- Section 6-6-260 - Recovery of attorney's fee by person claiming to be owner of lost or stolen property.
- Section 6-6-261 - Execution upon judgment.
- Section 6-6-262 - Execution, garnishment, or other process on bond.
- Section 6-6-263 - Compelling restoration of property by execution or attachment; form of writ.
- Section 6-6-264 - Issuance of writs until judgment satisfied.
- Section 6-6-280 - Election to proceed by action of ejectment or action in nature of ejectment; proceedings upon action in nature of ejectment.
- Section 6-6-281 - Recovery of lands by or in name of state for schools or other educational or governmental institutions.
- Section 6-6-282 - Actions by mortgagee, etc., against mortgagors, etc.
- Section 6-6-283 - Demanding abstract of title to be relied on for recovery or defense; proceedings upon failure to furnish same.
- Section 6-6-284 - Disclaimer of possession by defendant.
- Section 6-6-285 - Proceedings upon defendant's suggestion of disputed boundary line.
- Section 6-6-286 - Proceedings upon defendant's suggestion of adverse possession.
- Section 6-6-287 - Joinder of landlord as party defendant; continuation of action against tenant.
- Section 6-6-288 - Liability - Tenant in possession.
- Section 6-6-289 - Liability - Person holding possession under color of title.
- Section 6-6-290 - Effect of judgment by default.
- Section 6-6-291 - What verdict for plaintiff to specify.
- Section 6-6-292 - Judgment - Damages only.
- Section 6-6-293 - Judgment - Rent of premises after judgment and before possession.
- Section 6-6-294 - Retention of possession for one year by defendant if crop planted or growing upon filing bond; force and effect of bond.
- Section 6-6-295 - Damages - When assessed in severalty.
- Section 6-6-296 - Damages - Exemplary or punitive.
- Section 6-6-297 - Issuance of writs before judgment satisfied.
- Section 6-6-298 - Two judgments in defendant's favor bar further action.
Division 1 General Provisions.
- Section 6-6-310 - Definitions.
- Section 6-6-311 - To what estates applicable.
- Section 6-6-312 - Commencement of action where property held jointly.
- Section 6-6-313 - Effect of temporary absence.
- Section 6-6-314 - Liability of lessee holding over; how such recovered.
- Section 6-6-315 - Uninterrupted occupation for three years bars action.
- Section 6-6-316 - Action of trespass, etc., not precluded.
- Section 6-6-317 - Notice or demand.
- Section 6-6-318 - Courts deemed always open.
- Section 6-6-319 - Forms for judgment, restitution or possession.
- Section 6-6-330 - Jurisdiction.
- Section 6-6-331 - Venue.
- Section 6-6-332 - Process - Form of notice; service and return thereof.
- Section 6-6-333 - Process - Neglect or refusal to execute by sheriff or constable.
- Section 6-6-334 - Failure of witnesses to attend or refusal to testify.
- Section 6-6-335 - Proceedings when parties appear or defendant fails to do so.
- Section 6-6-336 - Extent of inquiry.
- Section 6-6-337 - Proceedings upon determination for either plaintiff or defendant.
- Section 6-6-350 - To circuit court from district court.
- Section 6-6-351 - Writs of restitution or possession - Suspension upon payment of rent by defendant.
- Section 6-6-352 - Writs of restitution or possession - Issuance by circuit court.
- Section 6-6-353 - Proceedings when determination is against appellant.
Division 1 General Provisions.Division 2 Institution of Proceedings.
- Section 6-6-390 - When process of garnishment obtainable.
- Section 6-6-391 - Affidavit of amount due plaintiff.
- Section 6-6-392 - Bond required when garnishment in aid of pending action; exception as to Superintendent of Banks.
- Section 6-6-393 - Issuance and service of process.
- Section 6-6-394 - Notice to defendant.
- Section 6-6-395 - Revival of proceedings when garnishee or contestant dies.
- Section 6-6-410 - Debt or demand on which action pending.
- Section 6-6-411 - Executors and administrators.
- Section 6-6-412 - Money in hands of attorney, sheriff, or other officer.
- Section 6-6-413 - Money or effects in hands of trustee; exception.
- Section 6-6-414 - Unpaid subscription of stock.
- Section 6-6-430 - Filing of bond; discharge of money or property from garnishment; proceedings as if bond not executed; judgment; discharge of garnishee.
- Section 6-6-431 - Bond in double amount; dissolution of garnishment and discharge of all garnishees; judgment against obligors.
- Section 6-6-450 - Filing of answer; notice thereof; oral examination.
- Section 6-6-451 - Answers on behalf of corporations.
- Section 6-6-452 - Payment of defendant's money into court if garnishee admits possession thereof.
- Section 6-6-453 - Payment of indebtedness or liability to clerk; effect thereof; ordering of deposit by court.
- Section 6-6-454 - Judgment where answer admits indebtedness to defendant.
- Section 6-6-455 - Proceedings when garnishee liable for delivery of personal property.
- Section 6-6-456 - Judgment and proceedings if possession of effects subject to levy and sale admitted.
- Section 6-6-457 - Proceedings on failure to appear and answer.
- Section 6-6-458 - Controverting of answer by plaintiff, etc.
- Section 6-6-459 - Contest of answer by defendant.
- Section 6-6-460 - Judgment when issue found against garnishee.
- Section 6-6-461 - Effect of judgment for plaintiff as between garnishee and defendant.
- Section 6-6-462 - Payment of costs to garnishee upon discharge.
- Section 6-6-463 - Disposition of claims of other persons suggested by garnishee.
- Section 6-6-464 - Appeals.
- Section 6-6-480 - "Salary" defined.
- Section 6-6-481 - Who may be garnished; how effected.
- Section 6-6-482 - Writ to issue only after final judgments on actions ex contractu.
- Section 6-6-483 - Answer of state official garnished to show assent to judgment.
- Section 6-6-484 - Drawing of warrant or check for money due as salary.
Article 10 Injunctions.
- Section 6-6-500 - Who may grant.
- Section 6-6-501 - Dissolution of preliminary injunction.
- Section 6-6-502 - Enjoining or restraining enforcement of ordinance.
- Section 6-6-503 - Enjoining unauthorized or unlawful practice of profession, occupation, or calling.
- Section 6-6-520 - Complaint to preserve estate of intemperate from waste and for general relief.
- Section 6-6-521 - Securing estate against further waste pending action.
- Section 6-6-522 - Trustee - Appointment.
- Section 6-6-523 - Trustee - Duties.
- Section 6-6-524 - Trustee - Control by appointing court.
- Section 6-6-525 - Trustee - Partial and final settlements of account.
- Section 6-6-526 - Trustee - Compensation.
- Section 6-6-527 - Restoration of estate.
Division 1 Proceedings in Personam.
- Section 6-6-540 - Right of action to settle title to lands by person in peaceable possession thereof.
- Section 6-6-541 - Contents of complaint.
- Section 6-6-542 - Contents of answer.
- Section 6-6-543 - Trial by jury or determination by court; entry and effect of judgment.
- Section 6-6-544 - Filing of judgment.
- Section 6-6-545 - Costs.
- Section 6-6-546 - Commencement of action by state.
- Section 6-6-560 - Who may file complaint to establish right or title to lands or interest therein.
- Section 6-6-561 - Contents of complaint.
- Section 6-6-562 - Appointment of guardians ad litem.
- Section 6-6-563 - Service of process.
- Section 6-6-564 - Publication of notice.
- Section 6-6-565 - Time to answer; default judgments.
- Section 6-6-566 - Prima facie and conclusive evidence of title.
- Section 6-6-567 - Interest or title to be shown by legal evidence.
- Section 6-6-568 - Intervention.
- Section 6-6-569 - Judgment - Contents.
- Section 6-6-570 - Judgment - Recordation.
- Section 6-6-571 - Assessment of costs.
- Section 6-6-572 - To whom title or interest inures.
- Section 6-6-573 - Remedy and procedure cumulative.
- Section 6-6-590 - Right of action and venue - Vacating charter or annulling existence of corporation.
- Section 6-6-591 - Right of action and venue - Usurpation, etc., of office or franchise, etc.
- Section 6-6-592 - Complaint to be clear and concise.
- Section 6-6-593 - Court always open; return of summons; setting of case for trial; trial by court or jury.
- Section 6-6-594 - Joinder - Alleged corporation as party defendant.
- Section 6-6-595 - Joinder - Informant.
- Section 6-6-596 - Effect of informant's death.
- Section 6-6-597 - Addition of person rightly entitled to office; entry of judgment on such right; delivery of books, papers, and property.
- Section 6-6-598 - Validity of election not triable.
- Section 6-6-599 - Judgment - Dissolving corporation and excluding same from corporate rights, etc.
- Section 6-6-600 - Judgment - Excluding defendant from office or franchise or prohibiting practice of profession.
- Section 6-6-601 - Costs - Assessment.
- Section 6-6-602 - Costs - Liability of informant's sureties.
- Section 6-6-603 - Appeals - Generally.
- Section 6-6-604 - Appeals - Stay of execution on judgment.
- Section 6-6-620 - Appointment - Power of circuit court judge, register, or clerk.
- Section 6-6-621 - Appointment - Appeal when appointed by register or clerk.
- Section 6-6-622 - Appointment - Posting of bond by applicant; recovery upon bond.
- Section 6-6-623 - Appointment - Partnerships; power of court to make orders relative to partnership business, etc.; modification or vacation of appointment or orders.
- Section 6-6-624 - Appointment - Dissolution of attachments and levies of executions against corporations or partnerships.
- Section 6-6-625 - Payment of salaries, commissions, and wages before general liabilities of corporation or partnership paid.
- Section 6-6-626 - Commencement of actions against receivers or managers of property.
- Section 6-6-627 - Service of process on foreign or domestic receivers.
- Section 6-6-628 - Removal and filling of vacancies.
- Section 6-6-640 - Commencement by petition; answer thereto; amendments; relief upon issues presented.
- Section 6-6-641 - Appeals.
- Section 6-6-642 - Effect of article.
Division 1 General Provisions.
- Section 6-6-660 - Notice of motion for judgment.
- Section 6-6-661 - Venue.
- Section 6-6-662 - Parties.
- Section 6-6-663 - Hearing and determination.
- Section 6-6-680 - Judgment against sheriff, etc., receiving or executing writ.
- Section 6-6-681 - Judgment in favor of defendant.
- Section 6-6-682 - Judgment in favor of clerk of appellate court; copy of execution and certification of clerk as evidence.
- Section 6-6-683 - Judgment against officer accepting substitute for juror or serving person other than one to be drawn.
- Section 6-6-684 - Entry of judgment in favor of sheriff or coroner.
- Section 6-6-720 - Entry of summary judgment in favor of state against certain defaulters or sureties.
- Section 6-6-721 - Forfeiture of half of compensation by tax collector, tax assessor, or probate judge for failure to discharge duties.
- Section 6-6-722 - Judgment against county treasurer, etc., failing to pay allowed claim.
- Section 6-6-723 - Judgment for failure to pay over moneys collected or received for county.
- Section 6-6-750 - Definitions.
- Section 6-6-751 - Right to file petition to determine validity of obligations.
- Section 6-6-752 - Contents of petition; order to show cause; service of petition and order on district attorney; publication of public notice.
- Section 6-6-753 - Hearing and determination; contents of judgment.
- Section 6-6-754 - Appeal from judgment of circuit court.
- Section 6-6-755 - Conclusiveness of judgment validating and confirming issuance.
- Section 6-6-756 - Marking of validated obligations.
- Section 6-6-757 - Costs.
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