This amendment requires courts to pause criminal and civil cases if a key person is absent due to active military duty, while also setting specific rules for when defendants must be released on bail during these delays.
Alabama2026Enacted
HB60
Continuing Court Cases for Active Military Duty
Last scannedAug 24, 2026, 9:06 AM
In one sentence
This law requires courts to pause criminal and civil trials if a key person, such as the defendant, lawyer, victim, prosecutor, or witness, cannot attend because they are on active military duty.
What it does
- Requires courts to delay criminal cases when the defendant, their attorney, the victim (or representative), or the prosecutor is absent due to active military service in the National Guard or Armed Forces.
- Allows civil cases to be paused if a party or their lawyer misses trial because of active military duty, unless they announce they are ready for trial without them.
- Mandates that courts continue both criminal and civil cases when an important witness cannot appear due to military orders, provided the court has requested testimony from the military and video conference is not possible.
- Requires judges to set bail for defendants if the prosecution gets a delay based on this law, with exceptions for violent crimes, sex offenses, capital charges, or cases where bail was previously denied.
- Directs the Alabama Supreme Court to update its court rules so they match this new state law.
Who it affects
- Courts and judges in criminal and civil cases
- Defendants, victims (and their representatives), prosecutors, and their attorneys who are on active military duty
- Witnesses whose testimony is needed but cannot attend due to military service
- The Alabama Supreme Court
Limits and unknowns
- The law does not require a delay if the absent party or lawyer says they are ready to go forward with the trial.
- Courts may choose whether to set bail in cases involving violent offenses, sex offenses, capital crimes, or when bail was previously denied.
- This law only applies starting on October 1, 2026.
Plain language
Terms to know
- Continuance
- A delay or pause in a court case so it can be heard at a later date.
- Active duty military service
- When a person is currently serving full-time in the National Guard, Army Reserve, Navy, Air Force, Marines, Coast Guard, Space Force, or other Armed Forces of the United States.
- Material witness
- A person whose testimony is important and necessary for deciding the outcome of the case.
Official record
Sources
Official summary
This act: (1) requires a court, upon motion, to continue a criminal case when the defendant, the defendant's attorney, the victim, the victim's representative if the victim is unavailable, or the prosecutor is absent when the case is at trial due to active duty military service; (2) requires a court to continue a civil case when a party or his or her attorney is absent when the case is at trial due to active duty military service, unless a party or counsel announces ready for trial; and (3) requires a court to continue a criminal and civil case upon a showing that a material witness is unavailable due to active duty military service if a request has been submitted to the proper military authority for testimony and the witness is unable to testify via video conference.
Official activity
Bill history
- EnactedHouse
- Motion to Read a Third Time and Pass - Adopted Roll Call 1323 (Yeas 29, Nays 0)Senate
- Delivered to GovernorHouse
- Signature RequestedSenate
- EnrolledHouse
- Ready to EnrollHouse
- Read for the Second Time and placed on the CalendarSenate
- Reported Out of Committee Second HouseSenate
- Pending Committee Action in Second HouseSenate
- Read for the first time and referred to the Senate Committee on JudiciarySenate
- Motion to Read a Third Time and Pass as Amended - Adopted Roll Call 849 (Yeas 105, Nays 0)House
- Motion to Adopt - Adopted Roll Call 848 (Yeas 103, Nays 0)House
- Third Reading in House of Origin (Yeas 103, Nays 0)House
- EngrossedHouse
- Judiciary 1st Substitute OfferedHouse
- Read for the Second Time and placed on the CalendarHouse
- Reported Out of Committee House of OriginHouse
- Judiciary 1st SubstituteHouse
- Pending Committee Action in House of OriginHouse
- Read for the first time and referred to the House Committee on JudiciaryHouse
Changes
Amendments
1 stored