The bill establishes new requirements for courts in Alabama regarding the continuance of criminal and civil cases when parties are absent due to active duty in the National Guard or Armed Forces. Specifically, it mandates that a court must grant a continuance if the defendant, their attorney, the victim, or the prosecutor is absent due to military service. Additionally, if a witness is unavailable for the same reason, the court must also continue the case, provided certain conditions are met, including the witness being material and necessary, and a request for their testimony being submitted to the appropriate military authority.

In criminal cases, the bill stipulates that if a continuance is granted, the court must set bail for the defendant unless they are charged with a violent or sex offense, or a capital offense, in which case the court has discretion regarding bail. For civil cases, a continuance is also required under similar circumstances, unless it would substantially prejudice another party or burden the administration of justice. The bill further directs the Alabama Supreme Court to amend its rules to align with these new provisions, and it is set to take effect on October 1, 2026.

Statutes affected:
Introduced: 12-25-32, 13A-5-40
Engrossed: 12-21-135, 12-25-32, 15-20A-5