HB254 Alabama 2011 Session

Summary

Primary Sponsor

Ron Johnson

Republican

Session

Regular Session 2011

Title

Court costs in circuit and district courts, personal service of more than one defendant, fee increased, distrib. to county general fund, Peace Officers' Annuity and Benefit Fund, District Attorney Solicitor's Fund, and Forensic Sciences Department, Sec. 12-19-73 am'd.

Summary

HB254 would raise the per-defendant service fee in circuit and district court civil cases from $10 to $22 for each defendant beyond the first when personal service is required, and specify how the money is distributed.

What This Bill Does

The bill increases the service fee for handling service of process in civil cases, from $10 to $22 per extra defendant when personal service is required (publication or registered mail costs are billed at actual cost). It also creates a specific distribution plan for the increased fees, directing portions to the county general fund, the Alabama Peace Officers' Annuity and Benefit Fund, the District Attorney/Solicitor's Fund, and the State General Fund, with $3 allocated to the Department of Forensic Sciences. The bill allows a hardship waiver where the court can exempt prepayment if payment would cause substantial hardship, requiring a verified statement. It becomes law on the first day of the third month after passage and approval by the Governor.

Who It Affects

• Parties (plaintiffs and any defendants) involved in civil cases in circuit or district court where service on more than one defendant is required; they would pay a higher service fee ($22 per additional defendant) unless a hardship waiver is granted.
• Public funds and agencies receiving the new fee money: the county general fund, the Alabama Peace Officers' Annuity and Benefit Fund, the District Attorney/Solicitor's Fund, the Department of Forensic Sciences (a $3 earmark), and the State General Fund (the remainder).

Key Provisions

• Increase the service fee for each defendant beyond the first in circuit and district court civil cases from $10 to $22 when personal service is required.
• If service is by publication or by registered mail, the actual cost of service is charged instead of the standard fee.
• Distribution of fees: the first $6 goes to the county general fund; $3 to the Alabama Peace Officers' Annuity and Benefit Fund; $3 to the District Attorney/Solicitor's Fund in the county; the balance to the State General Fund with $3 earmarked for the Department of Forensic Sciences.
• Hardship provision allows non-prepayment if paying would constitute substantial hardship, requiring a verified statement approved by the court.
• Effective date: the act takes effect on the first day of the third month after it becomes law.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Court, Circuit