Highest Court
The highest court in Alabama is
the Supreme Court of Alabama. The Supreme Court consists of 9 justices.
It has jurisdiction over (1) Appeals of title to or possession of land
and civil law over $50,000 and equity cases. (2) Certiorari review of Court
of Civil Appeals and Court of Criminal Appeals.
Intermediate Courts
Court Of Civil Appeals
The Civil Court consists of 5 judges.
It has jurisdiction over (1) Appeals in law cases $50,000 or under. (2)
Appeals from administration agencies (except Public Service Commissions
), Workmen's compensation and domestic relations appeals. (3) Juvenile
appeals: dependency, neglect, CHINS and other juvenile cases.
Court of Criminal Appeals
The Criminal Court consists of 5
judges. It has jurisdiction over (1) Appellate jurisdiction in criminal
cases involving violations of city ordinances, habeas corpus, misdemeanors
or felonies, and all post conviction writs on criminal cases. (2) Original
jurisdiction in the issuance of all writs in relation to matters in which
the court has appellate jurisdiction. (3) Juvenile appeals, delinquency,
and transfers to adult court.
General Courts
The Circuit Courts consist of 142
judges. It has jurisdiction over (1) Civil actions $3,000 and above.
(2) Felonies, misdemeanors, or ordinance violations included within a felony
charge. Appeals de novo from courts of limited jurisdiction.
No Jury trials are overseen by this
court.
Limited Courts
Municipal Court The Municipal Court consists of 253 judges. It has jurisdiction over (1) City ordinance violations, traffic, and non-traffic. No jury trials are overseen by this court.
District Court
The District Court consists of 101
judges. It has jurisdiction over (1) Civil Actions under $10,000,
civil actions based on unlawful detainer, and small claims up to $3,000.
(2) Misdemeanors. Preliminary hearings for felonies (can accept guilty
pleas in felony cases not punishable by sentence of death). (3) Traffic,
if no municipal court. (4) Juvenile.
No jury trials are overseen by this
court.
Probate Court
The Probate Court consists of 68
judges. It has jurisdiction over (1) Wills, guardianship, and
executorship. Equity in administration of estates (counties greater than
4,000 population).
Additional Information:
Regular terms of court.
The Supreme Court of Alabama begins
its regular terms on the first Monday of October in each year and continues
until the last day of June of the ensuing year. However, within the
Court's own discretion it may adjourn from time to time. (Section
12-2-8 of the Alabama Code)
Special Terms
The Supreme Court of Alabama may
order and hold a special term as it deems. (Section 12-2-9 of the Alabama
Code).
Advisory Opinions on Constitutional
Questions
According the Section 12-2-10 of
the Alabama Code, the Governor (by a written request) or either House of
the Legislature (by an appropriate House Resolution) may obtain a written
opinion from the Justices of the Supreme Court of Alabama or a majority
thereof on important constitutional questions.
Original jurisdiction of courts
of appeals; powers of courts as to issuance of remedial and original writs
and punishment for contempt.
Each of the courts of appeals shall
have and exercise original jurisdiction in the issuance and determination
of writs of quo warranto and mandamus in relation to matters in which said
court has appellate jurisdiction. Each court shall have authority to grant
injunctions and issue writs of habeas corpus and such other remedial and
original writs as are necessary to give it a general superintendence
and control of jurisdiction inferior to it and in matters over which it
has exclusive appellate jurisdiction and to punish for contempts by the
infliction of a fine not exceeding $100.00 and imprisonment not exceeding
10 days, or both, and to exercise such other powers as may be given to
such court by law.(Section 12-3-11 of the Alabama Code)
Form, execution, return, etc.,
of letters testamentary, etc., and process of probate court generally.
All letters testamentary of administration
and of guardianship and all process from the probate court shall be signed
by the judge or the judge's chief clerk, bear the date of the day of issue,
and conform, as nearly as possible, to those used in other courts in this
state and shall be directed, executed and returned in like manner and under
the same penalties unless other wise provided by law. (Section 12-13-5
Alabama Code)
Proceedings for sealing and destruction
of legal and social files and records of courts, probation services, etc.,
pertaining to certain persons and effect thereof
Section 12-15-103 of the Alabama
Code details the proceedings for the sealing and destruction of legal and
social files and records of the courts, probation services.
Alabama Children's Policy Council
The Alabama Children's Policy was
created according to Alabama Code Section 12-15-130. The said statute
directs the appointments of the members of the council and instructs the
council of its responsibilities.
