Alabama § 12-1-26
Full text of Alabama Code of Alabama § 12-1-26, with citation guidance and answers to common questions.
§ 12-1-26.
(a)(1) A court shall grant a continuance for good cause shown when a party or his or her counsel of record in a civil case is absent from court when the case is called for trial because the party or counsel of record is on active duty as a member of the National Guard or a reserve or active component of the Armed Forces of the United States, unless the court finds, on the record, that granting the continuance would substantially prejudice another party, unduly burden the administration of justice, or that reasonable alternatives exist to protect the rights of the absent service member.
(2) The case may proceed if the party, in the absence of his or her counsel of record, or the counsel of record in the absence of the party, announces ready for trial on the call of the case.
(b) A court shall continue a civil case upon a showing by a party that a witness is unavailable because the witness is on active duty as a member of the National Guard or as a member of a reserve or active component of the Armed Forces of the United States if all of the following are established by the movant:
(1) The witness is material and necessary.
(2) The movant has submitted a request to the proper military authority for the testimony of the witness in accordance with 5 U.S.C. § 301, and any rule or directive adopted or issued by the proper authority pursuant to that section.
(3) The provisions of Section 12-21-135.1 are not satisfied.
Frequently Asked Questions About Alabama § 12-1-26
What does Code of Alabama § 12-1-26 cover?
Section 12-1-26 is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 12-1-26?
A common citation format is "Code of Alabama § 12-1-26" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 12-1-26 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.