HB58 Alabama 2026 Session

Summary

Primary Sponsor

Ontario J. TillmanRepresentative

Democrat

Session

2026 Regular Session

Title

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

Summary

HB58 would require courts to continue criminal and civil cases when a party, their leading attorney, or a key witness is on active military duty, and would require bail to be set in such continuances, with the Supreme Court directed to adjust rules accordingly.

What This Bill Does

It mandatorily continues criminal and civil cases if a party, their leading attorney, or a material witness on active duty is unavailable. The absent party or attorney must swear they cannot safely go to trial without the other, and the case may proceed only if ready for trial when called. For unavailable witnesses, the court may continue if the witness is material, outside the state, and military authorities have been approached for testimony under federal law. In criminal cases, bail must be set when a continuance is granted, with exceptions for certain violent offenses; capital offenses are excluded. The act also requires the Alabama Supreme Court to amend rules to implement these changes, and it takes effect October 1, 2026.

Who It Affects

• Parties in criminal or civil cases and their leading attorneys who are on active military duty; their absence triggers a mandatory continuance, with readiness for trial allowing the case to proceed.
• Witnesses on active duty who are material to the case and located outside Alabama; their unavailability can justify a continuance when proper military channels are used to obtain testimony.
• Criminal defendants whose cases are continued; the court must set bail in most continuance scenarios, subject to exceptions for violent offenses and penalties for capital offenses.
• The Alabama Supreme Court and trial courts; they must amend court rules to reflect these new continuance and bail provisions.

Key Provisions

• Mandatory continuances in criminal and civil cases when a party, leading attorney, or a key witness on active duty is absent.
• Oath requirements: absent leading attorney or party must state why they cannot proceed safely; case may proceed if ready for trial on the call.
• Witness-continuance criteria: materiality, outside-state location, and submission of a request to military authorities for testimony under 5 U.S.C. § 301.
• Bail provisions: bail must be set in continuance cases (with bail possible in cases involving violent offenses; not applicable to capital offenses).
• Civil-case continuances mirror criminal rules; Supreme Court amendments required; effective date October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Courts & Judges