Alabama courts delay cases when military duty keeps key people away

Courts continue criminal cases when covered people are away on active military duty. This covers people serving on active duty in the National Guard or a reserve or active component of the U.S. Armed Forces. For an absent defendant, lawyer, victim, victim’s representative when the victim is unavailable, or prosecutor, someone must request the delay and swear that active military duty caused the absence. For an absent witness, the person asking must show the witness is needed, request the testimony through the proper military authority, and show that an existing Alabama witness rule does not already provide for it. These rules take effect October 1, 2026.

Courts set bail when the prosecution receives a military-duty delay, if the defendant applies. This applies when the prosecution receives a criminal case delay under the military-duty rules. For violent or sex offense charges, or when bail was previously denied or revoked, the court may set bail rather than being required to do so. This rule does not apply to a capital offense. These rules take effect October 1, 2026.

Courts grant civil case delays for good cause when a party or their lawyer is away on active military duty. This covers parties, their lawyers, and witnesses serving on active duty in the National Guard or a reserve or active component of the U.S. Armed Forces. The court may deny the delay if it finds on the record that it would substantially harm another party, unfairly burden the court process, or that reasonable alternatives would protect the absent service member’s rights. The case may proceed if the party or their lawyer says they are ready for trial despite the other’s absence. For an absent witness, the person asking must show the witness is needed, request the testimony through the proper military authority, and show that an existing Alabama witness rule does not already provide for it. These rules take effect October 1, 2026.