Senate Bill 52 Alabama 2026 Session

Summary

Primary Sponsor

Merika ColemanSenator

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

SB52 would require courts to automatically continue criminal and civil cases when a party, their leading attorney, or a qualifying witness is on active military duty, and would set bail rules for criminal continuances with the Supreme Court required to amend rules to conform, effective October 1, 2026.

What This Bill Does

If passed, the bill would force a continued case when key people are absent due to active duty. In criminal cases, when such a continuance is granted, the court must set bail for the defendant (with exceptions for certain offenses); the case may proceed if the party or attorney is ready in their absence and the required oath provisions are met. The bill also covers continuances for witnesses who are unavailable because of military service and requires the Alabama Supreme Court to amend its rules to reflect these changes; the act becomes effective October 1, 2026.

Who It Affects

• Parties to criminal and civil cases and their leading attorneys who are on active duty; their cases must be continued and they may need to declare readiness or provide sworn statements if their attorney or they are absent.
• Defendants in criminal cases and witnesses on active duty or otherwise unavailable due to military service; they are subject to new continuance and bail rules, and the Alabama Supreme Court must amend rules to implement these changes.

Key Provisions

• Section 1(a)(1): Court shall continue a criminal case when a party or their leading attorney is absent due to active duty in the National Guard, reserves, or other active-duty military status.
• Section 1(a)(2): If the leading attorney is absent, the client must swear they cannot safely go to trial without the attorney; if a party is absent, the attorney must state they cannot safely go to trial without the party.
• Section 1(a)(3): The case may proceed if the absent party or attorney announces ready for trial on the call of the case.
• Section 1(b): For witnesses unavailable due to active duty, the case shall continue if the witness is material and necessary, located outside the state, and a request for testimony has been made to the proper military authority.
• Section 1(c): In criminal cases with a granted continuance, the court shall set bail upon defendant's application, with bail allowed for violent offenses but not for capital offenses.
• Section 2: Civil cases replicate the continuance rules for absent parties or attorneys and for unavailable witnesses (without bail provisions).
• Section 3: The Alabama Supreme Court must amend its rules to conform with these provisions.
• Section 4: The act becomes effective on 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