Read the full stored bill text
SB52 INTRODUCED
Page 0
SB52
FKRY9CD-1
By Senator Coleman
RFD: Judiciary
First Read: 13-Jan-26
PFD: 12-Jan-26
1
2
3
4
5
6
FKRY9CD-1 01/12/2026 ZAK (L)ma 2026-136
Page 1
PFD: 12-Jan-26
SYNOPSIS:
Under existing court rule, a court may continue
a criminal or civil case upon a motion of a party or
the court.
This bill would require that a criminal or civil
case be continued when a party, his or her leading
attorney, or a witness satisfying certain criteria is
absent because he or she is on active duty in the armed
forces.
This bill would require in criminal cases that
bail be set for certain defendants when the state is
granted such a continuance.
This bill would also require the Alabama Supreme
Court to amend its rules to conform with these
requirements.
A BILL
TO BE ENTITLED
AN ACT
Relating to criminal and civil procedure; to provide
requirements for a court to continue a case when certain
parties to the case are absent due to service with the
National Guard or Armed Forces of the United States; to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SB52 INTRODUCED
Page 2
National Guard or Armed Forces of the United States; to
provide requirements in criminal cases for bail to be set for
a defendant when the state is granted such a continuance, with
exceptions; and to require the Alabama Supreme Court to amend
its rules accordingly.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a)(1) A court, upon or without motion,
shall continue a criminal case when any party thereto or his
or her leading attorney is absent from court when the case is
reached because he or she is on active duty as a member of the
National Guard or a reserve or active component of the Armed
Forces of the United States.
(2) If the leading attorney is absent, his or her
client shall make an oath that the client cannot safely go to
trial without the attorney or, if a party is absent, his or
her leading attorney shall state that the attorney cannot
safely go to trial without the party.
(3) The case may proceed if the party, in the absence
of his or her leading attorney, or the leading attorney, in
the absence of the party, announces ready for trial on the
call of the case.
(b) A court shall continue a criminal case upon a
showing by the state or the defendant that a witness is
unavailable because the witness is on active duty as a member
of the National Guard or as a member of a reserve or active
component of the Armed Forces of the United States if all of
the following are established by the movant:
(1) The witness is material and necessary.
(2) The witness is located outside of the state.
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
SB52 INTRODUCED
Page 3
(2) The witness is located outside of the state.
(3) The movant has submitted a request to the proper
military authority for the testimony of the witness in
accordance with any rule or directive adopted or issued by the
proper authority pursuant to 5 U.S.C. § 301.
(c)(1) Except as provided in subdivisions (2) and (3),
in any case in which the state is granted a continuance
pursuant to subsection (a) or (b), a court shall set bail upon
application by the defendant.
(2) For any case in which the defendant is accused of
committing a violent offense as defined in Section 12-25-32,
Code of Alabama 1975, the court may set bail.
(3) This subsection does not apply to a case when the
defendant is charged with committing a capital offense under
Section 13A-5-40, Code of Alabama 1975 .
Section 2. (a)(1) A court, upon or without motion,
shall continue a civil case when any party thereto or his or
her leading attorney is absent from court when the case is
reached because he or she is on active duty as a member of the
National Guard or a reserve or active component of the Armed
Forces of the United States.
(2) If the leading attorney is absent, his or her
client shall make an oath that the client cannot safely go to
trial without the attorney or, if a party is absent, his or
her leading attorney shall state that the attorney cannot
safely go to trial without the party.
(3) The case may proceed if the party, in the absence
of his or her leading attorney, or the leading attorney, in
the absence of the party, announces ready for trial on the
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
SB52 INTRODUCED
Page 4
the absence of the party, announces ready for trial on the
call of the case.
(b) A court shall continue a civil case upon a showing
by a party that a witness is unavailable because the witness
is on active duty as a member of the National Guard or as a
member of a reserve or active component of the Armed Forces of
the United States if all of the following are established by
the movant:
(1) The witness is material and necessary.
(2) The witness is located outside of the state.
(3) The movant has submitted a request to the proper
military authority for the testimony of the witness in
accordance with any rule or directive adopted or issued by the
proper authority pursuant to 5 U.S.C. § 301.
Section 3. It is the intent of the Legislature that,
pursuant to Section 150 of the Constitution of Alabama of
2022, the Supreme Court of Alabama shall amend its rules to
conform with this act.
Section 4. This act shall become effective on October
1, 2026.
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103