Notices.

Ala. Code tit. 6, ch. 8, art. 4, div. 2

in effect

Ala. Code § 6-8-60 Designation of Newspaper for Publication of Notice; Publication Requirements.

6-8-60. Designation of Newspaper for Publication of Notice; Publication Requirements. (a) The party in interest or at whose instance the publication of notice is to be given by advertisement in a newspaper may designate the newspaper in which such advertisement shall be made. If the officer charged with the duty of making the advertisement disregards such designation and makes advertisement in some other paper, he or she must pay the cost thereof and shall not be entitled to reimbursement. (b) All publications required by any law, mortgage, or other contract to be published in a newspaper must be published in any newspaper printed in the English language which has a general circulation in the county, regardless of where the paper is printed, if the principal editorial office of the newspaper is located within the county and which newspaper shall have been mailed under the publication class mailing privilege of the United States Postal Service from the post office where it is published for at least 51 weeks a year. The newspaper shall, without additional charge, also upload legal notice publications to a statewide website established and maintained by an entity having the capacity and ability to receive and upload notices from a majority of newspapers in this state. Any newspaper which also publishes a website in its own name shall also post legal notice publications on an Internet website published by the newspaper without additional charge. Code 1876, §§553, 3970; Code 1886, §663; Code 1896, §3040; Code 1907, §5181; Code 1923, §9257; Acts 1935, No. 370, p. 791; Code 1940, T. 7, §713; Acts 1955, No. 551, p. 1207; Acts 1961, No. 566, p. 667; Acts 1963, No. 458, p. 990; Acts 1966, Ex. Sess., No. 395, p. 534; Acts 1971, 1st Ex. Sess., No. 131, p. 212; Acts 1971, 3rd Ex. Sess., No. 262, p. 4531; Act 2012-214, p. 387, §1.)

Ala. Code § 6-8-61 Length of Publication When Not Otherwise Provided; Exception.

6-8-61. Length of Publication When Not Otherwise Provided; Exception. If the length of the publication is not otherwise prescribed, it must be for three successive weeks; provided, that the provisions of this section shall not apply to any sale held under the provisions of Section 7-9A-610. (Code 1876, §3972; Code 1886, §664; Code 1896, §3041; Code 1907, §5182; Code 1923, §9258; Code 1940, T. 7, §714; Acts 1965, No. 549, p. 811; Act 2001-481, p. 647, §2.)

Ala. Code § 6-8-62 Timing and Duration of Publication; Internet Publication.

6-8-62. Timing and Duration of Publication; Internet Publication. (a) When the notice is required to be given for a specified number of weeks, it must be given by consecutive weekly insertions for the number of weeks so specified. When the notice is of a proceeding to be had or of an act to be done on a specified day: (1) If the publication is for one week, the insertion must be not less than six days before such day; (2) If for two weeks, the first insertion must be at least 12 days before such day; (3) If for three weeks, the first insertion must be at least 18 days before such day; (4) If for four weeks, the first insertion must be at least 24 days before such day; (5) If for five weeks, the first insertion must be at least 30 days before such day; (6) If for six weeks, the first insertion must be at least 36 days before such day; and (7) So on at the same rate of increase, the time to be computed as provided in Section 1-1-4. (b) When the time is specified in days, two weeks’ notice is equal to 15 days’ notice; three weeks to 20 days; four weeks to 30 days; and six weeks to 40 days. (c) A newspaper publishing a notice shall also place the notice on an Internet website operated by the newspaper, if the newspaper publishes a website, and on a statewide website established and maintained by an entity having the capacity and ability to receive and upload legal notices from the majority of newspapers in this state as a repository for the notices. Posting on the Internet shall begin on the first day of insertion and run continuously until the expiration of the specified time. All newspaper notices required pursuant to this section to be placed on the Internet shall remain valid for all purposes, and the legality of the newspaper publication shall not be affected by the failure of the newspaper for any reason to upload legal notice publications to a statewide website or to another Internet website or to accurately post the notice publication on any website. (Code 1896, §3043; Code 1907, §5184; Code 1923, §9260; Code 1940, T. 7, §716; Act 2012-214, p. 387, §1.)

Ala. Code § 6-8-63 Suspension or Discontinuance of Paper Making Publication Before Publication Made or Completed.

6-8-63. Suspension or Discontinuance of Paper Making Publication Before Publication Made or Completed. If publication is commenced or is directed in a particular paper and before it is made or completed there is a suspension or discontinuance of the publishing of such paper, then the publication may be made or completed in some other newspaper published in the county. If there is no other paper published in the county, the publication may be made or completed by posting notices, for the length of time prescribed, at the courthouse door and three other public places in the county, or the publication, if so desired by any party in interest, may be made or completed in some newspaper published in an adjoining county. (Code 1867, §§642, 643; Code 1876, §§547, 548; Code 1886, §668; Code 1896, §3047; Code 1907, §5188; Code 1923, §9264; Code 1940, T. 7, §720.)

Ala. Code § 6-8-64 Costs of Publication - Rates; Internet Publication; Applicability of Section.

6-8-64. Costs of Publication - Rates; Internet Publication; Applicability of Section. (a) The rate charged for publication of a public notice shall not exceed the lowest classified rate paid by or published on a rate card for commercial customers for an advertisement of similar size, and frequency in the same newspapers in which the public notice appears. The lowest classified rate paid by or published on a rate card for commercial customers for such advertisements shall be calculated to also include all cash discounts, multiple insertion discounts, and any other commercial contract benefits for which the public notice also qualifies. (b) The newspaper publishing the notice shall place the notice on its own website, if it publishes a website, and a statewide website at no additional charge to government or to the party in interest or at whose instance the publication of a legal notice is to be given. The amount charged for the notice shall include publication in the print edition of the newspaper; the newspaper’s website, if it publishes one; and the statewide website. (c) The rates established in this section shall apply to any and all legal notices, advertisements, publications, statements, or other matter of whatever kind or character required by the Constitution of Alabama, by general, local, or special law or by rules or orders of courts to be published in newspapers in this state, whether the agency required to cause the publication to be made is an individual, officer, municipality, county, the state, governmental subdivision, or any other legal entity; provided, that rates established in this section shall not apply when a local law prescribes a different rate, in which event the local law shall be applicable. (Code 1876, §3975; Code 1886, §666; Code 1896, §3045; Code 1907, §5186; Code 1923, §9262; Code 1940, T. 7, §§718-718(2); Acts 1951, No. 723, p. 1275; Acts 1953, No. 793, p. 1086, §§1, 2; Acts 1965, No. 464, p. 664; Acts 1965, No. 465, p. 664; Acts 1971, No. 1141, p. 1964; Acts 1976, No. 306, p. 339; Acts 1985, 2nd Ex. Sess., No. 85-882, p. 138, §1; Act 2012-214, p. 387, §1.)

Ala. Code § 6-8-65 Costs of Publication - Affidavit That No Agreement Exists Between Officer and Publisher, Etc., and That Sum Charged Is Lowest.

6-8-65. Costs of Publication - Affidavit That No Agreement Exists Between Officer and Publisher, Etc., and That Sum Charged Is Lowest. All agreements between any officer charged with the duty of advertising legal notices in a newspaper and the printer, publisher, or manager of such paper whereby any advantage, gain, or profit is to accrue to such officer are void; and before the charge for such advertisement can be demanded or received, the officer and the printer, publisher, or manager must each make and file an affidavit that no such agreement exists. The printer, publisher, or manager must, in addition, make affidavit to the entity required to publish the legal notice that the sum charged does not exceed the lowest classified rate paid by commercial customers for an advertisement of similar size, and frequency in the same newspapers in which the public notice appears. (Code 1867, §646; Code 1876, §551; Code 1886, §667; Code 1896, §3046; Code 1907, §5187; Code 1923, §9263; Code 1940, T. 7, §719; Act 2012-214, p. 387, §1.)

Ala. Code § 6-8-66 Copies of Each Issue of Paper Containing Advertisement to Be Furnished to Parties.

6-8-66. Copies of Each Issue of Paper Containing Advertisement to Be Furnished to Parties. The publisher or manager of the newspaper must send to the officer or person making the advertisement a copy of each issue of the paper containing it, and a copy of such paper must be sent by mail to the person to whom the notice is directed, if his post office address can be ascertained, by the officer or person making the advertisement, such copy to be furnished by the publisher or manager of the newspaper in addition to the copy of each issue required in this section to be furnished. (Code 1876, §3974; Code 1886, §665; Code 1896, §3044; Code 1907, §5185; Code 1923, §9261; Code 1940, T. 7, §717.)

Ala. Code § 6-8-67 Newspapers as Evidence of Publication.

6-8-67. Newspapers as Evidence of Publication. The newspapers containing the advertisement shall be received as evidence of the fact of publication. (Code 1886, §672; Code 1896, §3051; Code 1907, §5192; Code 1923, §9270; Code 1940, T. 7, §726.)

Ala. Code § 6-8-68 Executors, Administrators, and Guardians in Probate Court.

6-8-68. Executors, Administrators, and Guardians in Probate Court. In all cases where notice is required by law to be given to executors, administrators, and guardians in the probate court, if affidavit shall be made that such executor, administrator, or guardian has been absent from the state for more than three months last passed, such notice shall be given by publication in a newspaper published in the county where such proceedings are had for two consecutive weeks or, if there is no such paper, by posting at the courthouse door for 15 days. (Code 1896, §3042; Code 1907, §5183; Code 1923, §9259; Code 1940, T. 7, §715.)

Ala. Code § 6-8-69 Postponement of Sale; Publication of Original Notice.

6-8-69. Postponement of Sale; Publication of Original Notice. Whenever it becomes necessary to postpone any sale that has been advertised to occur on a certain day, the same may be postponed by the auctioneer or attorney announcing, at the time set for sale, the date to which said sale is postponed; and the original notice shall be published once again, with a statement at the bottom that said sale has been postponed and the date when it will occur. (Code 1923, §9266; Code 1940, T. 7, §722.)

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