General Provisions.

Ala. Code tit. 6, ch. 3, art. 1

in effect

Ala. Code § 6-3-1 Agreements Contrary to Article Void.

6-3-1. Agreements Contrary to Article Void. Any agreement or stipulation, verbal or written, whereby the venue prescribed in this article is proposed to be altered or changed so that actions may be commenced contrary to the provisions of this article, is void. (Code 1852, §2164; Code 1867, §2562; Code 1876, §2928; Code 1886, §2640; Code 1896, §4205; Code 1907, §6110; Acts 1923, No. 74, p. 53; Code 1923, §10467; Code 1940, T. 7, §54.)

Ala. Code § 6-3-2 Venue of Actions - Against Individuals.

6-3-2. Venue of Actions - Against Individuals. (a) In proceedings of a legal nature against individuals: (1) All actions for the recovery of land, of the possession thereof, or for a trespass thereto must be commenced in the county where the land or a material part thereof lies. (2) All actions on contracts, except as may be otherwise provided, must be commenced in the county in which the defendant or one of the defendants resides if such defendant has within the state a permanent residence. (3) All other personal actions, if the defendant or one of the defendants has within the state a permanent residence, may be commenced in the county of such residence or in the county in which the act or omission complained of may have been done or may have occurred. (b) In proceedings of an equitable nature against individuals: (1) All actions where real estate is the subject matter of the action, whether it is the exclusive subject matter of the action or not, must be commenced in the county where the same or a material portion thereof is situated. (2) If the action is to enjoin proceedings on judgments in other courts, it may be commenced in the county in which such proceedings are pending or judgment entered. (3) Except as may be otherwise provided, actions must be commenced in the county in which the defendant or a material defendant resides. (4) In the case of nonresidents, actions must be commenced in the county where the subject of the action or any portion of the same was when the claim arose or the act on which the action is founded was to be performed. (Code 1852, §§2164, 2875; Code 1867, §§2562, 3760; Code 1876, §§2928, 3760; Code 1886, §§2640, 3421; Code 1896, §§676, 4205; Code 1907, §§3093, 6110; Acts 1923, No. 74, p. 53; Code 1923, §§6524, 10467; Code 1940, T. 7, §§54, 294.)

Ala. Code § 6-3-3 Venue of Actions - Work or Labor Done or Breaches of Easement or Right-of-Way Contracts.

6-3-3. Venue of Actions - Work or Labor Done or Breaches of Easement or Right-of-Way Contracts. In all actions for work and labor done or breaches of contracts or covenants as to easements or rights-of-way, the action may be commenced in the county in which the work was done or in which the land is situated as to which the easement or right-of-way was granted. (Code 1923, §10468; Code 1940, T. 7, §55.)

Ala. Code § 6-3-4 Venue of Actions - Against Unincorporated Groups Issuing Insurance Policies.

6-3-4. Venue of Actions - Against Unincorporated Groups Issuing Insurance Policies. All unincorporated organizations or associations of every kind that issue policies or certificates of insurance of any kind to their members shall be subject to a civil action in any county where they do business or issue such policies or certificates, and the summons may be executed upon them by serving a copy of the summons and complaint upon any officer of such organization or association. (Acts 1909, No. 142, p. 279; Code 1923, §10469; Code 1940, T. 7, §56.)

Ala. Code § 6-3-6 Venue of Actions - Against Unincorporated Organization or Association.

6-3-6. Venue of Actions - Against Unincorporated Organization or Association. Action against an unincorporated organization or association may be commenced in any county where such organization or association does business or has in existence a branch or local organization. (Acts 1921, Ex. Sess., No. 13, p. 14; Code 1923, §5726; Code 1940, T. 7, §57.)

Ala. Code § 6-3-7 Venue of Actions - Against Foreign and Domestic Corporations.

6-3-7. Venue of Actions - Against Foreign and Domestic Corporations. (a) All civil actions against corporations may be brought in any of the following counties: (1) In the county in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of real property that is the subject of the action is situated; or (2) In the county of the corporation’s principal office in this state; or (3) In the county in which the plaintiff resided, or if the plaintiff is an entity other than an individual, where the plaintiff had its principal office in this state, at the time of the accrual of the cause of action, if such corporation does business by agent in the county of the plaintiff’s residence; or (4) If subdivisions (1), (2), or (3) do not apply, in any county in which the corporation was doing business by agent at the time of the accrual of the cause of action. (b) The residence of only any properly joined named class representative or representatives may be considered in determining proper venue in a class action. The residency of any putative or actual member of a class other than a named representative shall not be considered in determining proper venue for a class action. (c) Anything to the contrary in Rule 82(c) of the Alabama Rules of Civil Procedure notwithstanding, in any action against a corporation, venue must be proper as to each and every named plaintiff joined in the action, unless the plaintiffs shall establish that they assert any right to relief jointly, severally, or arising out of the same transaction or occurrence and that the existence of a substantial number of questions of law or material fact common to all those persons not only will arise in the action, but also: (1) that such questions will predominate over individualized questions pertaining to each plaintiff; (2) the action can be maintained more efficiently and economically for all parties than if prosecuted separately; and (3) that the interest of justice supports the joinder of the parties as plaintiffs in one action. If venue is improper for any plaintiff joined in the action, then the claim of any such plaintiff shall be severed and transferred to a court where venue is proper. In the event severance and transfer is mandated and venue is appropriate in more than one court, a defendant sued alone or multiple defendants, by unanimous agreement, shall have the right to select such other court to which the action shall be transferred and, where there are multiple defendants who are unable to agree upon a transferee court, the court in which the action was originally filed may transfer the action to any such other court. Transfer of the action and notice thereof shall be in accord with Section 6-3-22. (d) Notwithstanding Section 6-3-10, or any local laws relating to venue, in any county having two courthouses, the divisions shall be treated as two separate judicial districts for purposes of venue and for purposes of any change or transfer of venue, unless the jury venire is drawn from throughout the entire county. (Code 1886, §2642; Code 1896, §4207; Code 1907, §6112; Acts 1919, No. 254, p. 240; Code 1923, §10471; Code 1940, T. 7, §60; Act 99-249, p. 362, §1.)

Ala. Code § 6-3-8 Venue of Actions - Breach of Official Bond.

6-3-8. Venue of Actions - Breach of Official Bond. (a) At the election of the Attorney General, all actions of summary proceedings by or for the use of the state founded on breach of the official bond of a state officer or a former state officer, of a tax collector or former tax collector, of a judge of probate or former judge of probate, of a tax assessor or former tax assessor, or clerk of the circuit court or former clerk of the circuit court may be commenced in the circuit court of Montgomery County or in a court of the county in which any one of the obligors in such bond may reside. (b) An action on the official bond executed by a sheriff or any deputy sheriff may be commenced only in the county of residence of the principal or in the county in which he resided at the time of the execution of the same; provided, that if the act complained of was committed in some county other than the county in which he resided, then such action may be commenced in the county where such act was committed. (Code 1876, §2830; Code 1886, §2643; Code 1896, §4208; Code 1907, §6113; Code 1923, §10472; Code 1940, T. 7, §§61, 61(1); Acts 1969, Ex. Sess., No. 203, p. 272.)

Ala. Code § 6-3-9 Venue of Actions - Where Prison System Involved.

6-3-9. Venue of Actions - Where Prison System Involved. All actions where the prison system or the state on account of the prison system is interested must be commenced in Montgomery County in any court having jurisdiction of the amount involved, except actions to condemn property under Section 18-1A-271, which must be commenced in the county where the property sought to be condemned is located. And if, on the trial of any case in any county, it is suggested by the Board of Corrections or is otherwise shown that the state is interested on account of the prison system, such case must be transferred to the proper court of Montgomery County. All actions commenced under this section must be commenced in the name of the state. (Code 1886, §4650; Code 1896, §4518; Code 1907, §6570; Code 1923, §10473; Code 1940, T. 7, §62.)

Ala. Code § 6-3-10 Local Laws in Counties Having Two Courthouses Unaffected.

6-3-10. Local Laws in Counties Having Two Courthouses Unaffected. In all counties having two courthouses, the provisions of this chapter shall not affect any local laws relating to venue in force at the adoption of this Code. (Code 1923, §10475; Code 1940, T. 7, §64.)

Ala. Code § 6-3-11 Venue of Actions - Against Counties or Municipalities.

6-3-11. Venue of Actions - Against Counties or Municipalities. The venue for all civil actions for damages for personal injury, death, or property damage filed against a county or against a municipality shall be in the county or in the county within which the municipality is located or in the county in which the act or omission complained of occurred. (Acts 1987, No. 87-391, p. 560.)

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