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SB238 Alabama 2019 Session

Updated Feb 26, 2026
Notable

Summary

Primary Sponsor
Cam Ward
Cam Ward
Republican
Session
Regular Session 2019
Title
Appellate procedure, certain legislative entities and officers authorized to file amicus briefs in certain proceedings
Summary

SB 238 lets certain legislative leaders file amicus briefs in civil appeals without court consent, before judgment is issued.

What This Bill Does

The bill allows the Speaker of the House, President Pro Tempore of the Senate, Chairs of the House and Senate Judiciary Committees, or the Legislative Council to file a brief of an amicus curiae in civil appeals without needing leave of court, at any time before the court issues the certificate of judgment. Briefs must be prepared and filed only by staff of the Legislative Services Agency. The act overrides conflicting appellate rules and becomes effective immediately upon the governor's approval.

Who It Affects
  • Group 1: The Speaker, the President Pro Tempore, the Chairs of the House and Senate Judiciary Committees, and the Legislative Council can file amicus briefs in civil appeals without court approval.
  • Group 2: Civil appellate cases in Alabama, and the courts handling them, since briefs may be filed by Legislative Services Agency staff on behalf of the named legislators and could influence case arguments and outcomes.
Key Provisions
  • Authorizes specified legislative leaders and entities to file a brief of an amicus curiae without leave of court before the judgment certificate is issued in any appeal, in civil cases.
  • Brie fs filed under this act must be prepared and filed only by the staff of the Legislative Services Agency.
  • Applies only to civil cases and not to other types of appeals.
  • Supersedes any inconsistent rule of appellate procedure to the extent of the conflict.
  • Effective immediately after legislative passage and gubernatorial approval.
AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Legislature

Bill Actions

H

Pending third reading on day 21 Favorable from Judiciary

H

Read for the second time and placed on the calendar

H

Read for the first time and referred to the House of Representatives committee on Judiciary

S

Engrossed

S

Motion to Read a Third Time and Pass adopted Roll Call 640

S

Orr motion to Adopt adopted Roll Call 639

S

Orr motion to Adopt adopted Roll Call 639

S

Orr Amendment Offered

S

Third Reading Passed

S

Ward motion to Carry Over to the Call of the Chair adopted Voice Vote

S

Butler motion to Adopt adopted Roll Call 635

S

Butler Amendment Offered

S

Orr motion to Table adopted Voice Vote

S

Orr Amendment Offered

S

Third Reading Carried Over to Call of the Chair

S

Read for the second time and placed on the calendar

S

Read for the first time and referred to the Senate committee on Judiciary

Bill Text

Votes

Documents

Source: Alabama Legislature