General Provisions.

Ala. Code tit. 6, ch. 4, art. 1

in effect

Ala. Code § 6-4-1 Time for Execution and Return.

6-4-1. Time for Execution and Return. All original and mesne process, notices, citations and motions or actions in the nature of scire facias shall be executed instanter and, unless otherwise provided by law, shall be returned immediately upon the execution thereof by the officer executing the same; and all executions and venditioni exponas issuing from a court shall be made returnable 90 days after the issue thereof. (Code 1923, §9444; Code 1940, T. 7, §344.)

Ala. Code § 6-4-2 Execution - Adjoining County or Any Part of State.

6-4-2. Execution - Adjoining County or Any Part of State. When the summons, subpoena, or other process issues to the sheriff of the county in which the defendant or person against whom the subpoena or other process is directed resides, he may execute it in an adjoining county if such parties are there found, or he may pursue them and execute it in any part of the state. (Code 1852, §2173; Code 1867, §2572; Code 1876, §2936; Code 1886, §2658; Code 1896, §3279; Code 1907, §5315; Code 1923, §9440; Code 1940, T. 7, §342.)

Ala. Code § 6-4-3 Execution - Coroner or Special Coroner.

6-4-3. Execution - Coroner or Special Coroner. (a) When the office of sheriff is vacant and until his successor is qualified, when the sheriff is imprisoned or in cases in which the sheriff is a party, is interested or otherwise is incompetent to act, the summons must be directed to and executed by the coroner if such interest or cause appears on the face of the proceedings; and if such interest or cause does not appear on the face of the proceedings, the coroner must execute the summons, though directed to the sheriff, if the judge of probate, on proper showing by affidavit, directs the execution thereof by the coroner. (b) When, in such cases, the coroner has not qualified or the office is vacant or when the coroner is absent from the county having no deputy therein, when the coroner is imprisoned or when he is a party to or interested in the action, the summons must be directed to and executed by a special coroner, to be appointed by the judge of probate. (Code 1852, §2171; Code 1867, §2570; Code 1876, §2938; Code 1886, §2660; Code 1896, §3281; Code 1907, §5317; Code 1923, §9442; Code 1940, T. 7, §343.)

Ala. Code § 6-4-4 Commencement of Action on Sunday.

6-4-4. Commencement of Action on Sunday. Whenever the plaintiff shall make an affidavit that he is informed and believes that the defendant is about to abscond or to remove out of the state, or is about to secrete himself so that service cannot be had upon him on the following day, he shall be allowed to file his complaint in any of the courts of this state on Sunday. Upon the filing thereof, a summons shall immediately issue and be served by the sheriff upon the defendant on the same day of its issuance, and if he cannot be found on that day, then it shall be served as any other summons and complaint. (Code 1907, §5298; Code 1923, §9416; Code 1940, T. 7, §346.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026