SB53 Criminal and civil procedure; continuance of case when party…

Plain English Breakdown

The official status shows 'Passed Legislature' but also lists 'Pending Committee Action in House of Origin,' which is contradictory; however, the text confirms it was introduced on January 13, 2026.

SB53: Court Delays for Military Service and Bail Rules

This bill requires courts to delay criminal or civil cases when a party, their leading attorney, or a specific witness is on active military duty outside the state.

What This Bill Does

Requires courts to pause criminal or civil cases if a person involved in the case cannot attend because they are serving in the National Guard or Armed Forces of the United States.
Allows a case to continue only if the remaining party and lawyer say they can safely go forward without the absent member.
Mandates that judges set bail for defendants when the government gets a delay due to military service, with exceptions for violent crimes and capital offenses.
Sets rules for delaying cases when an important witness is on active duty outside Alabama and cannot testify in person.
Requires the Alabama Supreme Court to change its court rules so they match this new law.

Who It Names or Affects

Courts handling criminal or civil cases
Parties, lawyers, or witnesses who are on active military duty
Defendants in criminal cases facing bail decisions during these delays

Terms To Know

Continuance: A delay that pushes a court case to a later date.
Active duty: When someone is currently serving in the military or National Guard and cannot leave their service for other reasons.
Material witness: A person whose testimony is important and necessary to decide the case.

Limits and Unknowns

The law does not apply if a defendant is charged with a capital offense, which means they may face the death penalty.
Courts have some choice on setting bail for defendants accused of violent crimes during these delays.
This bill will only take effect starting October 1, 2026.

Official Summary Text

Criminal and civil procedure; continuance of case when party, attorney, or witness is on active military duty; bail required to be set in such cases subject to conditions

Current Bill Text

Read the full stored bill text

SB53 INTRODUCED
Page 0
SB53
AR8KASQ-1
By Senator Coleman
RFD: Judiciary
First Read: 13-Jan-26
PFD: 12-Jan-26
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AR8KASQ-1 01/12/2026 ZAK (L)ma 2026-102
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
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SB53 INTRODUCED
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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.
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SB53 INTRODUCED
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(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 .
(d) This section shall apply to a criminal case to
which a judge has been appointed pursuant to the Speedy Trial
Act, Article 2 of Chapter 1 of Title 12, 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.
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SB53 INTRODUCED
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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 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.
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