Code of Alabama - Title 6: Civil Practice - Chapter 8 - Miscellaneous Procedure

• Article 1 Partition Actions.
• Section 6-8-1 Trial of title or adverse claim issues
  In actions for partition of lands, either by metes and bounds or by sale for division when the same cannot be equitably partitioned among the...
• Article 2 Funds Due Foreign Residents.
• Section 6-8-20 Payment to consular officer of estate or land sale funds due nonrepresented foreigners
  Whenever upon the settlement of an estate or upon the sale of lands for division in any court of this state it is shown that...
• Article 3 Abstracts for Judicial Sales.
• Section 6-8-30 Power to have abstract of title made; inspection thereof by prospective purchasers; costs of abstract
  (a) Whenever any court shall order the sale of any real estate or interest therein, the court shall have power to have an abstract of...
• Article 4 Notices and Hours of Sale.
• Division 1 General Provisions.
• Section 6-8-40 Subscribing, taking, and filing of weekly newspapers by probate judges
  (a) Required. The judges of the several courts of probate must subscribe for, take and file in their respective offices one copy of each weekly...
• Section 6-8-41 Hours of sale
  All public sales shall be made between the hours of 11:00 A.M. and 4:00 P.M., but in the event such sale is not completed by...
• Division 2 Notices.
• Section 6-8-60 Designation of newspaper for publication of notice; publication requirements
  (a) The party in interest or at whose instance the publication of notice is to be given by advertisement in a newspaper may designate the...
• Section 6-8-61 Length of publication when not otherwise provided; exception
  If the length of the publication is not otherwise prescribed, it must be for three successive weeks; provided, that the provisions of this section shall...
• Section 6-8-62 Timing and duration of publication; Internet publication
  (a) When the notice is required to be given for a specified number of weeks, it must be given by consecutive weekly insertions for the...
• Section 6-8-63 Suspension or discontinuance of paper making publication before publication made or completed
  If publication is commenced or is directed in a particular paper and before it is made or completed there is a suspension or discontinuance of...
• Section 6-8-64 Costs of publication - Rates; Internet publication; applicability of section
  (a) The rate charged for publication of a public notice shall not exceed the lowest classified rate paid by or published on a rate card...
• Section 6-8-65 Costs of publication - Affidavit that no agreement exists between officer and publisher, etc., and that sum charged is lowest
  All agreements between any officer charged with the duty of advertising legal notices in a newspaper and the printer, publisher, or manager of such paper...
• Section 6-8-66 Copies of each issue of paper containing advertisement to be furnished to parties
  The publisher or manager of the newspaper must send to the officer or person making the advertisement a copy of each issue of the paper...
• Section 6-8-67 Newspapers as evidence of publication
  The newspapers containing the advertisement shall be received as evidence of the fact of publication.
• Section 6-8-68 Executors, administrators, and guardians in probate court
  In all cases where notice is required by law to be given to executors, administrators, and guardians in the probate court, if affidavit shall be...
• Section 6-8-69 Postponement of sale; publication of original notice
  Whenever it becomes necessary to postpone any sale that has been advertised to occur on a certain day, the same may be postponed by the...
• Article 5 Counterclaims.
• Section 6-8-80 Judgments
  Judgments may be set off against each other by a district or circuit court on motion.
• Section 6-8-81 Debt or liquidated demand due comaker or principal
  A comaker or surety against whom an action is commenced jointly or alone may, with the consent of his comaker or principal, counterclaim a debt...
• Section 6-8-82 Exemptions - Wages of head of family
  The wages or hire of any head of a family in this state, not having property liable to levy and sale under execution, cannot be...
• Section 6-8-83 Exemptions - Negotiated commercial paper
  Paper governed by the commercial law, negotiated before maturity, is not subject to counterclaim.
• Section 6-8-84 Effect of statute of limitations
  When the defendant pleads a counterclaim to the plaintiff's demand, to which the plaintiff replies the statute of limitations, the defendant is nevertheless entitled to...
• Section 6-8-85 Judgment for defendant - Permissive counterclaims
  If the debt or demand permissively counterclaimed exceeds the amount of the plaintiff's demand, the amount of such excess being found by the jury or...
• Section 6-8-86 Judgment for defendant - Compulsory counterclaims
  On a compulsory counterclaim, if the claim or demand of the defendant equals the claim or demand of the plaintiff, judgment must be entered for...
• Article 6 Trials.
• Section 6-8-100 Answer of tender; judgment thereon
  An answer of tender of money or of a thing in action must be accompanied by a delivery of the money or such thing in...
• Section 6-8-101 Litigation on merits after loss on certain defenses not bar to raising of same defenses on appeal
  A party may raise the defenses of (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue,...
• Section 6-8-102 Filing of copies in place of missing pleadings, etc
  If any of the original pleadings, motions, or other papers shall be lost, destroyed, or withheld by any person, the court may order a copy...
• Section 6-8-103 Allowing omissions in testimony to be supplied
  The court may, at its discretion, at any time before the conclusion of the argument, when it appears to be necessary to the due administration...
• Section 6-8-104 Limit of two new trials
  No more than two new trials can be granted the same party in any cause of action.

Last modified: May 3, 2021