Trials.

Ala. Code tit. 6, ch. 8, art. 6

in effect

Ala. Code § 6-8-100 Answer of Tender; Judgment Thereon.

6-8-100. Answer of Tender; Judgment Thereon. An answer of tender of money or of a thing in action must be accompanied by a delivery of the money or such thing in action to the clerk of the court. If the tender is of ponderous articles or other personal property, the answer must aver a readiness to deliver it to the plaintiff. Judgment for the defendant upon the answer vests the title to the thing tendered in the plaintiff, subject to any claim the defendant may have for his trouble in keeping it. (Code 1852, §§2245, 2246; Code 1867, §§2648, 2649; Code 1876, §§2997, 2998; Code 1886, §2585; Code 1896, §3298; Code 1907, §5334; Code 1923, §9473; Code 1940, T. 7, §228.)

Ala. Code § 6-8-101 Litigation on Merits After Loss on Certain Defenses Not Bar to Raising of Same Defenses on Appeal.

6-8-101. Litigation on Merits After Loss on Certain Defenses Not Bar to Raising of Same Defenses on Appeal. A party may raise the defenses of (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, and (5) insufficiency of service of process and, losing thereon, proceed to litigate on the merits; and, losing on the merits, the party may appeal and, on appeal, attack the judgment both on the merits and on such grounds (1) through (5) as he urged below. (Code 1852, §2255; Code 1867, §2658; Code 1876, §3007; Code 1886, §2692; Code 1896, §3305; Code 1907, §5370; Code 1923, §9517; Code 1940, T. 7, §242.)

Ala. Code § 6-8-102 Filing of Copies in Place of Missing Pleadings, Etc.

6-8-102. Filing of Copies in Place of Missing Pleadings, Etc. If any of the original pleadings, motions, or other papers shall be lost, destroyed, or withheld by any person, the court may order a copy to be filed in the place of the missing original. (Code 1852, §2268; Code 1867, §2672; Code 1876, §3022; Code 1886, §2734; Code 1896, §3310; Code 1907, §5349; Code 1923, §9488; Code 1940, T. 7, §250.)

Ala. Code § 6-8-103 Allowing Omissions in Testimony to Be Supplied.

6-8-103. Allowing Omissions in Testimony to Be Supplied. The court may, at its discretion, at any time before the conclusion of the argument, when it appears to be necessary to the due administration of justice, allow a party to supply an omission in the testimony on such terms and under such limitations as the court may prescribe. (Code 1907, §5351; Code 1923, §9490; Code 1940, T. 7, §252.)

Ala. Code § 6-8-104 Limit of Two New Trials.

6-8-104. Limit of Two New Trials. No more than two new trials can be granted the same party in any cause of action. (Code 1852, §2267; Code 1867, §2671; Code 1876, §3021; Code 1886, §2738; Code 1896, ,§3314; Code 1907, §5354; Code 1923, §9519; Code 1940, T. 7, §277.)

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